These conditions are terms of any Contract of Sale made between the Company and the Customer and neither the company nor the Customer shall be bound by any variation waiver of or addition to these conditions except as agreed by both parties in writing and signed on their behalf.
(a) The company quotation is valid for a period of 21 days for the date of issue.
(b) No binding contract shall be deemed to have been effected by the acceptance on the part of the Customer of a quotation by the Company until such acceptance has
been confirmed in writing by the acknowledgement of the Company.
The contract price shall be the price specified in the Quotation and in addition value added tax at the rate current at the delivery date. The Company reserves the right at any time to amend the Contract price as a result of any variation in the costs of materials labour and manufacture. The Contract price shall include only the cost of normal road transport.
4. ACCOUNT PAYMENT
(a) The customer shall pay to the Company the total invoice value strictly 30 days from the date of the invoice. If payment is not made by the Customer at that date then the Customer shall pay interest at the rate of 3% per month from the due date to payment of the unpaid balance.
(b) Interim Payment
The Company may submit interim invoices at intervals during the course of the contract. If these are not paid by the Customer the Company may suspend part of the work until they are settled in full.
(c) Notwithstanding condition 4(a) the Company shall without prejudice to it's other rights have the right by notice in writing to the Customer to demand immediate payment of all monies due from the Customer to the Company for any goods delivered at any time.
Where goods are ready for delivery the Company may in their discretion postpone delivery at the request of the Customer provided that the Customer pays the full price of the goods to the Company forthwith. If delivery is postponed as aforesaid the Company may store the goods at their own premises or elsewhere at the sole risk of the Customer and all storage insurance and transport charges in respect thereof shall be paid by the Customer.
6. TRADE TERMS
Claims for non or incomplete delivery discrepancy in weight or number or damaged must be notified in writing within. Three days of the date of despatch. Invoicing errors must be notified in writing within 14 days of the date of invoice.
7. RISK AND DELIVERY
Delivery of the goods shall be deemed to be made and the risk in the goods shall pass to the Customer at the time that goods leave the Company's premises.
8. DELIVERY DATE
The Company will endeavour to adhere to the delivery date quoted but such delivery date is a business estimate only quoted for information process. The Company shall be under no liability for delay in delivery or any consequences of such delay arising from any circumstances whatsoever.
9. RESERVATIONS OF PROPRIETARY RIGHTS
(a) The goods shall remain the sole and absolute property of the Company until such a time as the Customer shall have paid to the Company the agreed price together with the full price of any goods the subject of any other contract with the Company.
(b) Until payment is made as aforesaid the Customer shall hold the goods as bailee of the Company with the revocable authority of the Company to make normal use of the goods in the ordinary course of business or to sell the same unused on behalf of the Company and unless and until any such sale is effected the Customer shall ensure that the goods are stored separately or otherwise clearly identifiable as the property of the Company and if so required at any time by the Company shall deliver up the goods to the Company forthwith.
(c) The Customer shall inform the Company forthwith of any such sale made by the Customer and shall hold the proceeds of sale on trust to account therefrom to the Company for the outstanding balance of the sums referred to in the paragraph (a) of this condition. Until the said sums shall have been fully discharged or separate bank account and/or account separately in the Customer's accounts for any monies owing or paid to the Customer in respect of the sale and/or endorse a memorandum on the Customer's accounts stating the rights of the Company over the goods and the proceeds of sale thereof.
(d) The buyer agrees that the Company may, for the purpose of recovery of its goods enter upon any premises where those goods are stored or where they are reasonably bought to be stored and may repossess the same.
10. PHOTOGRAPHIC, DRAWING AND SPECIFICATION
(a) All photographs illustrations specifications and publicity material supplied by the Company are supplied for identification purposes only and while they are intended to give general idea of the goods portrayed or referred to their accuracy is not guaranteed and they shall not be taken as constituting a description of the product or any part of an offer of a Contract or representations of any kind by the Company.
(b) Without prejudice to the generality of the foregoing paragraphs all weights measurements and other technical details supplied by the Company in respect of any product are to be taken as approximate only.
(a) In the event of any defect in any goods supplied by the Company being notified to the Company in writing within thirty days of the date of delivery the Company undertake upon the return of the goods paid to the Company's premises or at the Company's discretion to inspect on site to repair or replace free of charge any goods found to be defective due to material quality or workmanship.
(b) The Company undertake that any goods supplied for any particular purpose are fit for that purpose provided that the Company have confirmed in writing prior to the contract being accepted by the Customer.
(c) Subject to any relevant statutory limitations on the restrictions or exclusion of liability and paragraphs (a) and (b) hereof
(i) All other expenses or implied warranties and conditions statutory or otherwise as to quality or fitness for any purposes are hereby expressly excluded.
(ii) The Company shall not under any circumstances be responsible for any other damage injury or loss any kind whatsoever and whether direct or consequential to the Customer or to any property or person caused by or arising from or attributable whether directly or indirectly to the goods supplied or services rendered or any fault or defect therein or the consignment installation or use thereof or any delay in transit or any negligence or breach of duty contractual or otherwise representation by the Company in connection with the Contract.
(iii) Any liability on the part of the Company shall cease if the Customer shall not have strictly complied with the terms of payment and all other obligations of the Customer to the Company in connection with the Contract.
(iv) If any liability on the part of the Company shall arise for any injury or loss or damage of whatsoever nature sustained by the Customer under the provision of this Contract such liability shall under all circumstances be limited to the payment by the Company by way of damages of a sum not exceeding the contract price in respect of which the claim is made.
(a) The Customer shall not cancel any order of part order except with written consent of the Company on terms which will indemnify the Company against all loss and expenses incurred.
(b) If the Customer shall make any default in or commit any breach of any of his obligations to the Company or if any distress or execution shall be levied upon the Customer his property or assets or if the Customer shall make or offer to make any arrangements or composition with Creditors or commit any act of bankruptcy or if any petition or Receiving Order in Bankruptcy shall be presented or made against him or if the Customer shall be a limited Company if any resolution or petition to wind up such Company's business shall be passed or presented otherwise than for amalgamation or reconstruction or if a Receiver of such Company's undertaking property or assets or any part thereof shall be appointed the Company shall have the right forthwith to determine any order then subsisting and upon written notice of such determination being posted by the Company to the Customer's last known address any subsisting order shall be deemed to be determined without prejudice to any claim or right the Company might otherwise make or exercise.
13. These Conditions and the Contact between the Company and the Customer shall be subject to and construed in accordance with English Law.
Any Returns/refunds are subject to a 30% handling/re- stocking charge on goods returned for credit and proof of purchase is required. If Nuyard have to collect the goods, then a delivery charge will be charged as well as the 30% handling/re-stocking charge.
15. IN THESE CONDITIONS
(a) The Company means Nuyard.
(b) The Customer means any person making an offer or placing an order or agreeing to purchase goods from the Company.