Terms and Conditions of Sale

TOWN & COUNTY ENGINEERING SERVICES LIMITED - TERMS AND CONDITIONS OF SALE

NOTE: Town and County Engineering Services Ltd is below referred to as “the Company”

Acceptance

All orders placed with the Company require the Company’s acceptance before obligation attaches to the Company and any such acceptance is given upon the terms and conditions set out below which terms alone the Company is willing to contract.  In any event goods are tendered for delivery and work is undertaken in every case upon and subject to these terms and conditions. 

Terms of Payment

Ledger accounts approved by the Company: - Net cash monthly.  Other accounts: - cash with order.  The Company reserves the right to withhold delivery if:-

a)             Payment has not been made on the due date, or

b)             The Buyer shall fail to comply with any request made by the Company at any time for payment prior to delivery, irrespective of whether the order has been accepted on net cash monthly terms or otherwise. 

c)              The Company has reasonable grounds to suspect that the Buyer will not make payment for any goods on time.

Retention of Title

The title of any goods supplied will not pass to the Buyer until payment has been received in full and the right is held to remove goods if payment is not duly received.  However, the risk therein and all liability to third parties in respect thereof shall pass to the Buyer on delivery.  The Company may enter on any premises where the goods are located to identify and remove the goods. Until goods have been paid for the Buyer is responsible for them. 

Prices

It is an express condition that the Company may at any time in its discretion amend the price for all or any part of the goods that are to be supplied under the contract to the current price for such goods at the time when the same are delivered as above.  Under such circumstances the Buyer shall be entitled to immediately terminate the agreement at no cost.  

Delivery

If the Contract of the sale of goods include delivery the Company whilst making every effort to ensure prompt delivery, will not be liable for loss or damage occasioned by delay in delivery.  Moreover, the Buyer must be ready to accept delivery and where appropriate have a place for delivery suitable and ready and if necessary make available the services of its employees for unloading purposes. 

Returned Goods

No goods will be accepted by the Company, other than by express agreement in writing.  Unauthorised returns received by the Company will be sent back to the returning Company carriage forward.

Force Majeure

Either party shall be excused from liability, if performance of the contract is prevented or hindered by any cause whatsoever beyond either party’s control and in particular but without prejudice to the generality of the foregoing by act of God, war, government control, restriction or prohibitions or any other government act or omission whether local or national, fire, flood, subsidence, sabotage, accident, strike or lock-out and shall not be liable for any loss or damage resulting from any such circumstances. 

Specifications and Drawings

Every effort is made to ensure that descriptions, drawings and other information in correspondence, catalogues, etc are accurate, but no warranty is given in respect thereof and the Company shall not be liable for any error therein.

Liability

If the Buyer considers that the goods supplied are not of merchantable quality the following provisions shall apply:-

1.             The Buyer shall give immediate written notification to the Company with details of the alleged fault or defect.

2.             The Company shall be afforded a reasonable opportunity to inspect the goods and the Buyer shall not carry out any work on the goods in the meantime.

3.             The goods shall be returned to the Company at the Buyer’s expense.

4.             The Company may at its option either refund or, if appropriate, credit the Buyer the money paid for the goods or repair and/or replace the goods.

5.             The Company is a wholesaler of the goods and its liability under this Clause only applies where its suppliers accept that there is a defect in the goods but so that the Company will endeavour when suitable to obtain such acceptance.

6.             Other than as set out in this clause the Company shall have no further liability to the Buyer and in particular no liability for any consequential or economic loss which the Buyer claims arising directly or indirectly from the breach of contract or failure by the Company.

7.             The Buyer shall follow any instructions supplied (including safety instructions) as to use of the goods and the Company shall have no obligation if damage or loss has occurred which directly or indirectly arose as a result of a failure to abide by the instructions.

Service

Any service or advice (including as to fitness for purpose) which may be offered by the Company to users of its goods is rendered in all good faith, but the Company shall not be liable for any loss or damage arising therefrom.   It is the responsibility of the Buyer to be satisfied that the goods will be suitable and appropriate for its needs and the Company assistance (if any is given) shall not amount to a representation or warranty.

Variation of Contract Terms

No officer or servant or agent of the Company has authority to vary these terms and conditions or to contract on any other terms except with the express consent of the

company.

Legal interpretation

The contract is governed by English Law.  Any dispute arising out of or in connection with this contract shall be determined by the English courts of hear disputes.

These Terms and Conditions should be retained by the Applicant (Buyer)

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