Conditions of Sale
1. ‘Buyer means the person who buys or agrees to buy goods from the Company.
‘Company’ means Chase Heating Limited.
‘Products’ means the articles that the Buyer agrees to buy from the Company.
2. These conditions shall apply to all contracts for the sale of Products by the Company to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation order or similar document.
3. Any variation to these conditions shall be inapplicable unless agreed in writing by the Company.
4. All orders for Products shall be deemed to be an offer by the Buyer to purchase Products pursuant to these conditions and shall not constitute a contract until acknowledged in writing by the Company.
5. Acceptance of delivery/collection of the Products shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
6. A quotation given by the Company is an invitation to the Buyer to make an offer only. No order of the Buyer shall be binding on the Company unless it is accepted in writing by the Company on the Company’s order acknowledgement form or proforma invoice.
7. If the buyer cancels an order for the Products the Company reserves the right to hold the Buyer liable to pay 15% of the invoice price to cover the Company’s administrative and other costs.
8. Delivery: We undertake to transport the Products to the Buyer’s nominated address (UK mainland) and for the Products to be offloaded from the vehicle as near as the driver feels is reasonable. The Buyer must provide at its own cost, any additional labour required to manoeuvre the Products from the site of offloading.
9. While the Company will make every reasonable effort to deliver the Products on the date agreed, the date of delivery shall not be of the essence and the Company shall not be liable for any loss or damages whatever due to failure by the Company to deliver the Products (or any of them) promptly or at all, nor shall the Buyer have any right to rescind the Contract or treat it as rescinded for any delay in delivery.
10. If the Buyer is unable to take delivery of the Products on the agreed date, it shall be liable to the Company for any expenses incurred by the Company as a result.
11. Risk in the Products shall pass to the Buyer on delivery, or on collection.
12. The Company shall have the right to make deliveries of the products by installments. Each such delivery shall be deemed to be the subject matter of a separate contract and shall be paid for accordingly.
13.The Buyer shall not be entitled to withhold payment for the Products or part thereof as a result of any dispute concerning the Products.
14. The failure of the Buyer to pay for any of the Products at the time of delivery shall entitle the Company to remove those Products from the Buyer’s premises, or not to complete the delivery, or suspend its own obligations or cancel the Contract.
15. Where the Products are to be delivered by the Company, the Company shall insist that the Products are inspected at the time of delivery and any damage noted on the delivery note by the driver. Where it is not possible to make a complete inspection of the Products at the time of delivery, the Company shall only be liable for loss or damage to the Products during transit if:
a) The Buyer notifies the Company thereof in writing three days after delivery of the Products.
b) Where the Products are delivered by an
independent carrier the Buyer must comply with all requirements for similar notification to the carrier applicable to the contract of carriage.
16. In the event of any force majeure or unforeseen circumstances beyond the control of the Company affecting or interfering with the production, shipment, transport or delivery of any Products, the Company shall be relieved from all liability in connection with such orders and/or contracts, unless otherwise agreed in writing but in no case shall the Company be bound to obtain or deliver Products from any other sources than those contemplated in the order.
17.The property shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the goods have been delivered and the Company shall have received from the Buyer the agreed contract price.
18.The Buyer is solely responsible for insuring that the Products are fit for any particular purpose or satisfactory quality and no warranty or condition of fitness for any purpose is to be implied into the contract whether by virtue of a British or European standard or technical specification or otherwise.
19. The Company will not accept any liability for any Products which have been repaired before the Company has been given a reasonable opportunity to inspect them or to give authority for repair work to be carried out or in cases where non-Company components have been used.
20. WAIVER: The rights of the Company or the Buyer shall not be prejudiced or restricted by any indulgence or forbearance extended by either party to the other and no waiver by either party in respect of any breach shall operate as a waiver in respect of any subsequent breach.
21. LAW: The Contract shall be governed by and
construed in accordance with English Law. The Buyer hereby submits to the non-exclusive jurisdiction of the English Courts in respect of any dispute arising out of the terms of the contract.
22. HEALTH AND SAFETY: The Buyer will ensure that all information supplied by the Seller on the assembly and use of goods (including information on the conditions necessary to secure that assembly and use is safe) will be available to and will be applied by the Buyer’s employees and purchasers from the Buyer.