All quotations given & all orders accepted by us are subject to the following terms & conditions. Any terms & conditions contained in the buyers order or correspondence inconsistent herewith shall not apply unless specifically accepted by us in writing
All goods are offered for sale subject unsold.
All prices quoted by us exclude delivery unless specifically agreed in writing
All prices are subject to withdrawal or change without notice
All prices exclude VAT, which will be charged at the current rate.
Time shall not be the essence of the contract & any delivery or collection times given to the buyer shall have no contractual effect.
Payment for goods supplied to approved Credit Accounts must be made no later than the end of the month following the month of invoice.
Payment for goods supplied to non approved credit accounts must be made before despatch or uplift of goods in cleared funds.
Interest on overdue accounts will be charged at 9% above the Central Bank Base Rate ruling at the time of invoice & will be compounded daily.
We shall have the option to suspend any outstanding deliveries until all outstanding payments have been made.
We shall have the option to suspend or cancel any contract where the buyer has not complied with our terms & conditions of sale & reserve our right to claim damages to claim damages suffered as a result of suspension or cancellation of the contract.
The risk of loss or damage to the goods will pass from the Seller to the Buyer on delivery or collection of the goods.
Seller shall have & be entitled to exercise a first & general right of lien over all & any goods or other items that the Buyer has in its lawful possession (or that of its employees or agents)
In the event of a buyer becoming apparently insolvent in terms of the Bankruptcy (Scotland) Act 1985 or entering into a composition or arrangement with his creditors, or having an order for winding up or sequestration made against him or passing a resolution for voluntary winding up or having a receiver or administrator or liquidator appointed, it shall be in our option to forthwith cancel the contract. In the event of the contract being cancelled by us under this clause we shall be under no obligation to make any further deliveries but will be entitled to payment in full for all goods supplied to the buyer & not recovered by us under our “Reservation of Title” clause.
RESERVATION OF TITLE
Property & title to the goods will not pass to the Buyer until such time as payment in full has been made to the Seller of all sums & debts due in respect of the goods supplied not only under the contract but also under any other contract for the supply of goods & all other sums for the time being howsoever due or to become due by the Buyer to the Seller.
Until property & title to the goods passes to the Buyer, the Buyer shall keep the goods in good repair & condition & store them separately from any other property in its possession so that the goods are easily identifiable & separable from any other goods stored on Buyers premises or otherwise in its possession.
Until such time as property & title to the goods has passed from the Seller to the Buyer, Seller shall be entitled to enter upon the buyers premises, or those of a third party, at any time to repossess the goods. Alternatively Seller may require the Buyer at any time (at Buyers expense) to deliver the goods to seller.
If Buyer sells or supplies the goods to any third party prior to making payment to the Seller. Buyer will make sale or supply as trustee for Seller & hold any proceeds from that sale or supply in trust for the seller who shall have the right to demand immediate payment.
It shall be the responsibility of the buyer to ensure adequate vehicle access to the delivery point & provide all necessary labour to offload the goods.
The Buyer will meet any loss, damages or cost incurred by us as which result from a breach of this condition.
Sellers reserve the right to charge waiting time should our vehicle take any longer than 30 minutes to unload at your premises or site for whatever reason.
STORAGE & HANDLING
It shall be the responsibility of the buyer to ensure that goods are handled & stored correctly, we accept no liability for loss or damage caused by improper or inadequate storage & handling procedures.
NOTIFICATION OF DEFECTS
It shall be the responsibility of the buyer to inspect the goods on receipt & advise us within 3 working days of any shortage, damage or defect.
RETURN OF GOODS
Seller will at his sole discretion permit the Buyer to return goods (provided they are still in the condition in which they were supplied) after sale but will be entitled to levy a handling charge as he sees fit
These conditions & the contract to which they supply shall be governed by Scottish Law, the Seller & Buyer hereby prorogate the non-exclusive jurisdiction of the Scottish Courts.