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terms and conditions of sale
general
In these conditions references to “the Company” are to Alampco Limited and references to “the Purchaser” are to any person, firm or company with whom the Company enters into any contract whether directly or indirectly. All quotations or tenders given and all orders received and accepted are executed on the basis that the Purchaser is bound by these conditions of sale. Where there is any inconsistency between these conditions of sale and any conditions or other terms which the Purchaser seeks to impose these conditions of sale shall prevail. These conditions supersede any other terms appearing elsewhere and exclude and override any other terms or representations stipulated or incorporated or referred to by the Company whether in the order or in any negotiations or course of dealings established between the Company and the Purchaser. No amendment or variation of these conditions will apply unless confirmed in writing by a director of the Company.
validity of quotation
The company may on the Purchaser’s request provide a written quotation. Any written quotation shall be valid for a fixed period of 30 days, unless specified. The company shall not be bound by any quotation if the Purchaser shall fail to accept the quotation in full within the specified period. Prices are calculated on the assumption of complete order and therefore may be adjusted if the quotation is not accepted in full.
prices
Unless otherwise agreed in writing, all orders are accepted subject to prices and any related discount applying at the date of delivery and any price list of the Company whether published or not shall not affect the right of the Company to charge for goods in accordance with this clause. All prices are exclusive of any Value Added Tax duties and levies which shall be payable by the Purchaser at the applicable rate.
payment
Until such time as the Company has confirmed credit account facilities in writing, payment is due in full in sterling on or before delivery.
The Company may, at its discretion, establish a credit account for the Purchaser (subject to receipt of references or such other conditions as the Company sees fit). If such an account is established, payment is due in full in sterling within 30 days from the end of the month in which the invoice is dated.
The Company may, without prejudice to its other rights, charge interest on overdue accounts at the rate of 14% over the basic rate of Royal Bank of Scotland Plc from time to time to be compounded monthly from the due date until payment in full is made both before and after judgement. The Company may also suspend deliveries without notice, of any or all of the Purchaser’s orders or cancel any outstanding orders if any payment from the Purchaser becomes overdue (or if the Purchaser being a company has a receiver appointed or goes into liquidation or being an individual commits an act of bankruptcy or has a receiving order made against him) without incurring any costs or other liability as a result of such cancellation.
Where the contract provides for separate instalments, deliveries or parts, payment for each instalment, delivery or part shall be made as it the same constituted as separate contract. The Company shall have the right to invoice the Purchaser for a partial delivery of the goods.
property
Title to the goods shall remain the property of the Company until the Company has received all payments which are owing to it by the Purchaser under any account whatsoever. While the goods are the property of the Company the Purchaser shall hold them as bailee on behalf of the Company and shall keep the goods safe, insured, separate and identifiable from all other goods in its possession. If the Purchaser sells the goods before payment in full has been made and if the Company so requires, the Purchaser shall hand over to the Company all claims for payment against any sub purchaser.
So long as the property in any goods remain in the Company the Company shall have the right, without prejudice to the obligation of the Purchaser to make payment in full of any sums outstanding on any account, to take re-possession of the goods and for that purpose the Purchaser hereby irrevocably authorises the Company to recover the goods and to go upon any premises of the Purchaser for that purpose.
The Company may maintain an action for the price of the goods notwithstanding that property in the goods may not have passed to the Purchaser.
carriage charges
Unless otherwise specified, prices quoted for all orders of or exceeding £100.00 (excluding Vat) are inclusive of carriage, provided delivery is to an address within mainland United Kingdom. The Company reserves the right to choose the mode of transport and to charge for deliveries outside mainland United Kingdom, such charges to be for account of the Purchaser.
loss or damage in transit
Any time quoted for dispatch, repair or replacement are to be treated as estimates only and time shall not be of the essence. The Company shall not be liable for any loss whatsoever arising as a result of any delay.
Delivery shall occur on dispatch or collection of the goods from the Company’s premises by carrier whether or not the carrier is the Company’s agent or servant. Unless otherwise agreed in writing the Company shall delivery the goods to the address specified in the Purchaser’s order. Risk in the goods shall pass to the Purchaser on delivery or collection.
Insofar as there is any delay in delivery which is attributable to the Purchaser, the Company may charge the Purchaser such additional transport costs , storage charges and handling charges which may arise as a result of the Purchaser’s failure to take delivery on the due date.
Save as expressly provided in these conditions, all terms, conditions, representations and warranties (whether expressly or implied) relating to the sale of goods are excluded and the goods are not sold by description or sample.
warranty and exclusion
The company will use its reasonable endeavours to assign the benefit of any warranty it receives from its supplier to the Purchaser but shall not be liable for any claim or claims for any damages whether direct, indirect special or consequential or economic damage of loss (including loss of profit or goodwill) arising from any breach by its contract or any defect in the goods.
Nothing in these conditions shall exclude liability of the Company for death or personal injury resulting from its negligence insofar as the same prohibited by United Kingdom statute.
cancellation
You have the right to cancel the contract at any time up to the end of 7 working days after you receive the goods. To exercise your right of cancellation, you must give written notice to the Company by letter, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient. If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Company at your own cost. You must take all reasonable care to ensure the goods are not damaged in the meantime or in transit. Once you have notified the Company that you are cancelling the contract, the Company will refund or re-credit you within 30 days for any sum that has been paid by you or debited from your account for the goods. If you do not return the goods as required, the Company may charge you a sum not exceeding the direct costs of recovering the goods. You do not have the right to cancel the contract if the order is for consumable goods which, by their nature, cannot be returned.
descriptive matter
All descriptive and forwarding specifications, drawings and particulars of weights and dimensions issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.
force majeure
The performance of all contracts is subject to variation or cancellation owing to Act of God, war, strike, fire, riot, civil commotion, restriction by the Government or other competent Authority or any other cause beyond the Company’s control or owing to the Company’s liability to procure materials or articles except at enhanced prices due to any of the foregoing clauses.
legal constructions
These conditions and any contract following thereon shall be governed by and construed in accordance with English Law and the Purchaser submits to the jurisdiction of the High Court of England but the Company may enforce the contract in any court of competent jurisdiction.
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