Conditions of Trade
"the Company" shall mean Stainless Design Services Limited of Unit C, The Old Bakery, Kiln Lane, Swindon Wiltshire SN2 2NP company registration number 1751976.
"The Customer" shall mean the person who buys or agrees to buy Goods from the Company.
"Conditions" shall mean the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Company.
"Delivery Date" shall mean the date specified by the Company when the Goods at to be delivered.
"Goods" shall mean the articles which the Customer buys or agrees to buy from the Company.
The headings in this agreement are for convenience only and do not affect its interpretation.
2. ACCEPTANCE and LIMITS OF CONTRACT
(a) No quotation made by the Company shall constitute an offer by the Company.
(b) Any terms and conditions proffered by the Customer are hereby excluded.
(c) Any order placed by a Customer whether in writing, or by fax shall be deemed to constitute an offer by the customer to enter into a contract upon these conditions of trade which shall be deemed to have been accepted by the Company when the Company receives the order.
(d) No order will be accepted verbally by the Company from the Customer, whether by telephone or other wise.
(e) Orders received in the post which are confirmator y of faxed orders but which are not described as such will, if processed, be subject to a 60% restocking charge.
(f) Acceptance of deliver y of the Goods shall be deemed to be conclusive evidence of the Customers acceptance of these conditions.
(g) Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
(h) The customer shall not transfer his rights to any third party.
(i) All orders must be accompanied by the Customers official order number and must by sent to the Company in writing (including by fax and email). The Customer is responsible for confirming safe receipt of their order and the Company does not accept any liability whatsoever
or howsoever cause for non-receipt of orders.
3. USE OF THE COMPANYS WEBSITE
To the fullest extent permitted by law the Company provides its website, www.stainlessdesign.net and www.stainlessdesign.co.uk and its contents on an as is basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with
respect to www.stainlessdesign.net and www.stainlessdesign.co.uk or the information, content, materials, products included in this site including without limitation, warranties of merchantability and fitness for a particular purpose. In addition the Company does not represent or
warrant that the information accessible via this site is accurate complete or current.
(a) The Company will use its best endeavours to despatch or complete by the Deliver y Date but time is not of the essence of the contract and the Company shall not incur any liability whatsoever for failure to despatch or complete by such date.
(b) The Goods may be delivered in advance of the Deliver y Date. The Customer shall make all reasonable arrangements to take deliver y of the Goods whenever they are tendered for deliver y.
5. ACCEPTANCE OF THE GOODS
(a) The Customer shall be deemed to have accepted the Goods 24 hours after deliver y to the Customer.
(b) After acceptance of the Goods the Customer shall not be entitled to reject Goods which are not in accordance with the contract.
(c) Notwithstanding the Sale of Goods Act 1979 Section 35A(1), acceptance of some of the Goods by the Customer, whether conforming to the contract or not, shall deprive the Customer of the right to reject the rest of the Goods, whether they conform to the contract or not.
A charge will be made for packing and carriage on all orders of less than £250 and may be made for orders over £250 except for deliveries within a 5-mile radius of the Company premises.
7. PAYMENT TERMS
(a) Except when a merchant trade account is agreed, full payment is to be made with order.
(b)Merchant trade account invoices must be settled within 30 days of the invoice date. Time for payment shall be of the essence.
(c) The company reserves the right to charge interest on overdue accounts at 4% above the Lloyds TSB PLC minimum lending rate current at the time.
(d) The Company reserves the right to suspend further deliveries until all arrears and interest have been paid.
8. DAMAGE and LOSS IN TRANSIT
(a) The Customer must notify the Company of any reasonably apparent damage to the Goods, which was incurred or arose during transit, on deliver y. It is the Customers responsibility to mark as to whether the Goods were "received damaged" or "received in good condition".
If the Customer fails to mark the deliver y note tendered for signature not in accordance with this clause then the Customer shall be deemed to have received the Goods in good condition.
(b) Any damage which is not apparent on reasonable inspection of the Goods on deliver y which is incurred or arise during transit must be notified by the Customer to the Company in writing within 24 hours of receipt of the Goods by the Customer.
(c) Non delivery of Goods must be notified by the Customer to the Company in writing within 24 hours from the Delivery Date.
(d) The Customer shall be liable for any loss or damage consequent upon failure to notify as stipulated in these conditions.
(e) Goods damaged during transit must be kept together with the packing for inspection by or on behalf of the Company.
9. CANCELLATION AND RETURNS
(a) The Company shall have the right to refuse to accept cancellation of an order by the Customer, but in the event of acceptance shall be entitled to charge for all work carried out or expenses incurred in relation to the order before such acceptance. No request for cancellation will
be accepted unless it is in writing.
(b) The Company may at its sole and absolute discretion agree to re-stock an item which is suitable for re-sale by the Company, at a charge of 30% of the invoiced value.
(c) The Customer shall be responsible for returning the item to the Company in a manner which ensures that no damage is caused to the item in transit.
(d) The Customer shall bear full responsibility for any loss or damage caused to any item when returning it to the Company in accordance with this clause.
(e) On receipt of the returned item the Company shall issue a credit note to the Customer in the sum of the invoiced amount for the item less 30%. Provided that in the opinion of the Company the item is in pristine condition.
(f) Notwithstanding that the Customer may return an item to the Company a debit note shall not be issued and/or payment withheld by the Customer at any time during the transaction.
10. TITLE AND RISK
(a) Until the price for the Goods has been paid in full to the Company the Customer shall remain a bailee only and the ownership of the Goods shall remain with the Company.
(b) The Customer shall keep all Goods belonging to the Company insured and risk will pass on deliver y, notwithstanding that the property remains with the Company until the Goods are paid for in full.
(c) The Company is irrevocably authorised to enter any premises where goods are situated and take possession of and remove the Goods at the Customers expense:-
(d) At any time after payment (or any part thereof) has become due and has not been received in full whether demand or not.
(e) If payment has not been received in full (whether or not payment has become due) upon the Customer ceasing to trade or upon the appointment of a Receiver of the whole or any part of the Customers undertaking or upon the Customer entering liquidation or compounding with
its creditors or taking or suffering any similar action in consequence of debt.
11. UNDERTAKING and WARRANTY
(a) Save as provided in sub paragraph (b) the Company undertakes that if within a period of 12 months any part of the Goods becomes defective (other than through fair wear and tear) and notice in writing or by fax thereof is received by the Company within 14 days of such
discover y and if between the date of delivery and the receipt by the Company of such notice the Goods at all times have been used with reasonable care and by competent persons and nobody has attempted to repair or alter or other wise interfere with the Goods (without the
consent of the Company), or they have been subjected to conditions outside their design parameters, the Company will send a replacement for the defective part or carry out repairs at our works as appropriate. All labour, transport and packing costs incurred in sending and installing such replacement or return for repair shall be paid by the customer.
(b) The Customer is responsible for ensuring that the capacity and performance of any Goods purchased from the Company are sufficient for the Customers purpose and that any instructions for care and maintenance of the product have been adhered to.
12. LIMITATION OF LIABILITY
Save as set out in paragraph 7 above
(a) The Company shall not be liable in any way whatsoever for any failure to comply with the terms of this contract which is due to circumstances out of the Companys control including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock outs, riots, civil
commotion, malicious damage, explosion, governmental actions and any similar events.
(b) The Company shall not be liable in any circumstances for loss of profits, interest paid or payable by the Customer, loss of orders, consequential loss, loss of profits or loss or expenses consequent upon the disruption of the business of the Customer.
(c) The Company shall not be liable for any damage to anything arising from the Goods or any defect in them or use made of them and the Customer shall indemnify the Company against any claim thereof.
(d) All conditions representations warranties or undertakings in connection with the Goods whether implied by statute, common law, custom, or for any reason whatsoever and whether as to quality, condition, fitness for purpose, use or other wise whatsoever are hereby excluded.
(e) The sale or supply of Goods is strictly on the terms that the Customer has had ever y opportunity to examine the Goods and has satisfied himself as to their condition and suitability, and the Customer acknowledges that all specifications and details in catalogues quotations
acknowledgements or orders or similar documents or by word of mouth and all dates of manufacture and specific forecasts of performance howsoever given are approximate, and do not form part of the contract between the Company and the Customer.
13. REMEDIES OF THE BUYER
(a) Where the Customer rejects any of the Goods then the Customer shall have no further rights whatsoever in respect of the supply to the Customer of such Goods or the failure by the Company to supply Goods which conform to the contract of sale.
(b) Where the Customer accepts or has been deemed to accept any Goods then the Company shall have not liability whatsoever in respect of those Goods.
(c) The Company shall not be liable to the Customer for late deliver y or short deliver y of the Goods.
14. LEGAL CONSTRUCTION
These conditions and any contract in which these conditions are incorporated shall be governed by and construed in accordance with English law and the customer agrees to submit to the jurisdiction of the English Courts.