F Ley & Sons Limited and its subsididiaries ("the Company") contracts with its customer("the Customer")
subject to and upon the following terms and conditions which shall govern the sale of all the Company`s goods (“the Goods”) and the provision of any services to be provided in connection with the Goods, exclusively, notwithstanding any terms and conditions (whether oral or written) or purported variations containing on any Order or correspondence submitted by the Customer to the Company except where variations are specifically accepted in writing by a Director of the Company. All orders are subject to acceptance by the Company and the Company reserves the right to sub-contract in fulfilment of the order or any part thereof. No employee or agent of the Company has authority to vary, add to or depart from the terms and conditions of sale or make any representations in relation to the goods sold or any services provided hereunder or the contract made herein.
Responsibility for the goods shall pass to the customer upon delivery of the goods to the customer or the customer’s agent.
The Company shall endeavour to keep to any stated dispatch, delivery, installation or competitions date but no liability is accepted for loss, damage or expense resulting from any delay in same whether any such delay shall be caused by circumstances over which the company has control or otherwise. Each part delivery or instalment of the goods shall be deemed to be sold under a separate contract and no default by the company in respect of any part delivery or instalment shall entitle the Customer to treat the contract as repudiated in regard to any balance or instalment remaining deliverable.
4. PRICES & SPECIFICATIONS.
The Company reserves the right to alter its prices as well as the specifications, types or qualities of the Goods at any time prior to the delivery of the Goods. All implied terms, Conditions and Warranties as to the quality or condition of the goods are excluded. However provided the Customer gives notice and substantiation of any defect in goods within 24 hours of receipt of same, then the Company will replace the defective Goods or repay the Customer a proportion of the price.
5. TERMS OF PAYMENT.
The terms of payment shall be cash (net) at the time of purchase, unless otherwise expressly agreed in writing. Credit accounts must be settled in full by the due date in full without deduction or set-off by the due date. The Company reserves the right at any time in its absolute discretion to revoke or vary any credit extended to the customer. Upon contravention of the agreed payment terms the Company shall be entitled to charge interest on overdue balances at the rate of 2.5% a month from the date upon which payment was due. The Company may at its discretion impose an administrative charge of £25 on returned cheques.
6. RESERVATION OF TITLE
All goods supplied by the Company to the Customer shall remain the property of the Company until the entire purchase price and all other sums due by the Customer to the Company have been paid in full. If any amount owing by the Customer to the Company is overdue, the Company may without prejudice to any of its other rights or remedies repossess and resell any or all of such Goods and may enter the Customer’s premises for that purpose.
The Company shall be entitled at any time whatsoever, without notice to the Customer, to set-off amounts due on any account whatsoever by the Company to the Customer against amounts due on any account whatsoever to the Company by the Customer.
8. LIMITATION OF LIABILITY.
The Company shall have no liability for indirect or consequential loss, damage, injury or expense including loss of profit, however arising except in respect of death or personal injury occasioned by the Company’s negligence.
9. FORCE MAJEURE.
The Company shall not be liable to the Customer for any loss, damage, injury or expense, whatsoever arising from acts of God, government orders, strikes, lockouts or other industrial action, inability to secure labour, materials or supplies at commercially justifiable rates, accidents, plant breakdowns, war, civil commotion, or any other circumstances (whether of the forgoing class or not) beyond the control of the Company and every contract with the Customer is subject to cancellation variation or suspension by the Company as may be necessary due to force majeure.
Failure or neglect by the Company to enforce at any time any rights shall not be a waiver or prejudice the Company’s rights.
In the event that any condition is only valid to the extent that it is reasonab (whether under statute or otherwise) the Customer on purchasing the goods acknowledges that such condition is reasonable