General

The acceptance by the Purchaser of any quotation and of any variation thereof or the acceptance by the Purchaser shall be secured against damage of harm through the Purchaser taking all necessary precautions. Company of a Purchaser's order shall be deemed acceptance of the following terms and conditions notwithstanding any terms and conditions that may be contained in any Purchaser's order or acknowledgment unless specifically agreed otherwise in writing, by the Company. Verbal orders which cannot be confirmed in writing will be carried out at the Purchasers risk.

 

Time for Acceptance

The Company's quotation is open for acceptance within 30 days or such other time that is specified in writing by The Company.

The Company reserves the right of cancellation or withdrawal due to circumstances beyond its control.

Prices

All prices quoted are net unless otherwise stated and do not include VAT.

An order placed subject to Town Planning or any other approval, is subject to price review at the time when released for production as several months can intervene outside the Company's control.

 

All quotations and orders for the Company's standard range of products will be charged at our prices ruling at the day of despatch.

Unless otherwise stated, quotations exclude the cost of delivery and packing. Should the purchaser request the goods to be packed and delivered, a charge will be made to cover such cost.

The Company reserves the right to alter the prices quoted after acceptance of an order in respect of the following:

i) Alterations in design of materials at the Purchasers request.

ii) Suspension of work on the Purchaser's instructions, or failure to give instructions.

iii) Increased cost of labour or materials.

iv) Storage after the date when notified the goods are ready for collection or despatch.

v) Attendance at site meetings if not requested in original enquiry.

vi) Any trade or contractors discount is subject to 4d) below.

 

Terms of Payment

Except where otherwise stated, all accounts are payable net 30 days from the date of the invoice. In the event of the late payment the Purchaser may be charged interest at 4% over National Westminster Bank plc base lending rate from time to time on all monies remaining due but unpaid from the date of invoice until payment in full.

All new accounts are subject to receipt of satisfactory references, otherwise payment against pro forma invoice or the payment of an agreed deposit with balance paid on completion of the work will be requested.

The Purchaser is expected to take delivery when goods are ready. Payment would then be due as above.

Payments against Surveyors/Architects certificates must be received by the Company within 14 days of the certification date.

Variation of the 'Terms of Payment' set out in the order will only be allowed where accepted by the Company in WRITING.

Claims in respect of damaged goods, or goods alleged to be at variance with their 'Description' in the order, will only be considered if made within three days of delivery and/or installation. Such claims must be submitted in WRITING to the Company.

 

Retention of Title

Title in the goods shall not vest in the Purchaser until the Company has received full payment of all sums due to the Company pursuant to any Contract whatsoever between the Company and the Purchaser.

Until such vesting of title is aforesaid, the Purchaser shall store the goods separately and in such a fashion so that the goods can be easily identified as belonging to the Company.

 

 

The Purchaser will permit the Company or its agents to enter the Purchasers premises for the purpose of inspecting and/or removing all or any goods for which payment has not been received by the Company.

Whilst title to the goods remains vested in the Company, the Purchaser shall be at liberty to sell the goods in the ordinary course of its business and with regards to any such sale, nothing herein will constitute the Purchaser as agent of the Company.

The Purchaser will be under a fiduciary duty to the Company to account to the Company for the proceeds of any such sale, but may deduct therefrom any excess over the total amount due from the Purchaser to the Company under any Contract whatsoever.

The Company may revoke the Purchasers above mentioned power of sale by written notice to the Purchaser if the Purchaser is in default for longer than seven days in payment of any sum whatsoever due to the Company or if any bills of exchange cheque or other negotiable instrument drawn or accepted by the Company in its favour is dishonoured on presentation for payment.

The Purchasers power of sale as mentioned above in sub paragraph d) shall automatically cease if the Purchaser offers to make or makes any composition with a creditor or creditors or suffers distress or execution on his goods or commits any act of bankruptcy or if a petition is presented for a Receiving Order in the case of an individual, or for compulsory winding up in the case of a Company or if the Purchaser being a Company shall go into voluntary liquidation suffers a Receiver to be appointed or is the subject of an Administration Order.

 

Cancellation

Orders can only be cancelled by the Purchaser with the Company's written agreement. b) Goods will only be accepted back for credit if agreed by the Company in writing. In such cases goods must be sent carriage paid and received by the Company in good and satisfactory condition

The carriage charges on all orders executed before cancelation and accepted by the Company will be debited to the Purchaser and will become payable forthwith.

Unless otherwise stated, goods returned for credit will bear a minimum of 10% handling charge. d) Goods returned to the Company without the Company's prior written consent will be refused and will remain the responsibility of the Purchaser.

 

Loss or Damage

Any loss or damage to any goods or products in transit must be noted on the delivery document and reported to the Company and the carrier in writing within three days of receipt at the latest. Non-delivery of goods or products within ten days of the date of despatch as notified to the Purchaser, must be reported forthwith in writing to the Company. The Company will accept no responsibility for any claim in respect of loss, damage or non-delivery unless this procedure has been strictly carried out.

 

Working Hours

Any quotation or Tender submitted by the Company is based upon the work being carried out during their normal working hours with free access to the site allowed to the Company's Engineers. If overtime is required to meet the Purchaser's special requirements, overtime rates will be charged as an extra, or in the event of suspension of the work on the Purchaser's instructions or lack of instructions, the contract price will be increased to cover any extra expense thereby incurred by the Company.

 

Delays

Where work on site by the Company's employees is arranged or requested for a specific date, we reserve the right to claim from the customer for any costs incurred due to : - a)The site not being ready to receive the work. b) Obstructions beyond the Company's control preventing men from working efficiently. c) Equipment provided at the Purchaser's instigation, not being available.

 

 

Despatch or Installation

Any time given by the Company for despatch or erection is to date from receipt by the Company of a written order to proceed, together with all necessary consents and permissions which may be required, and such other information as will enable the Company to put work in hand. Any necessary permits, licenses and authorities affecting the erection, maintenance and continued use of goods supplied must be obtained by the Purchaser and any fees or payments by the Company, in relation thereto will be charged to and reimbursed by the Purchaser. The Purchaser is responsible for the removal and replacement of any obstruction such as burglar or fire alarms prior to installation.

The Company will give advice and reasonable help in assisting the Purchaser to obtain such permissions. No responsibility or liability will be accepted for any loss or other claim whatsoever ensuing from our failure to deliver goods or complete work by a particular date.

 

Copyright

The Company reserves the copyright in all drawings, designs etc., which they supply, and any such documents must be returned on request.

All prototypes, models, plans, illustrations, drawings, descriptions and specifications are intended to give a general outline of the Company's proposals and are not details, final sizes or arrangements, and shall remain the Company's property and not be copied or communicated to a third party without the Company's written consent. The Company reserves the right to charge for any prototypes, models, plans, illustrations and drawings supplied at the Purchasers request.

 

Tools

Tools and Patterns necessary for manufacture remain the property of the Company even when the Purchaser has been charged with part cost: they will not be used for any other customer without permission of the Purchaser if the Purchaser has been charged with such cost. The Company reserves the right to destroy such Tools or Patterns which have not been used for a period of one year.

Nameplate

A small nameplate will normally be fitted on or near the installation unless, before manufacture, the Purchaser requests otherwise.

 

Town and Country Planning Permission

Permission The Company will apply for the necessary permission under the Town and Country Planning Act 1971 and Town and Country Planning (Control of Advertisements) Regulations 1969 if required by the Purchaser. The Purchaser shall pay the Company's fees in relation to each application whether or not it is successful. The Company will only proceed with manufacture before approval is obtained on the understanding that the Purchaser agrees to pay any costs incurred should the application be refused. The Company will assume that all necessary approvals have been obtained by the Purchaser unless otherwise informed. The Company shall not be responsible in any way for signs erected on the instructions of the Purchaser in the absence of Town and Country Planning Approval.

 

Guarantees

The Company shall make good by replacement or repair any defects arising from faulty design (other than provided by the Purchaser) materials or workmanship within a period of twelve calendar months after the goods have been despatched or installed and left ready for connection or use, as the tender or quotation may specify. In the case of goods or components not of the Company's manufacture, the Purchaser shall be entitled only to such benefits as the Company may receive under any guarantee given to the Company in respect thereof.

 

Mains Voltage Supply

Unless otherwise agreed a suitable low tension supply must be provided by the Purchaser to a position not more than half a metre from each sign and/or transformer positions and accessible without further drilling or

 

 

other operations. The Company will not be responsible for any damage to underground cables or services, where a specific position for fixing is given. Unless specifically agreed to the contrary in writing, any estimates do not provide for the drilling of the building concerned for the purpose of making internal wire or cable connections.

 

Time of Taking Over

The goods shall be taken over or deemed to be taken over and the risk in the goods shall pass to the Purchaser as follows:-

a) Where the contract for supply excludes installation: at the date of despatch from the Company's Works. b) Where goods are delivered by the Company to the Purchaser's premises or at premises nominated by the Purchaser or at the nearest accessible road point to such premises: at the time of arrival prior to unloading.

c) Where goods are delivered by an independent carrier: the time of collection or delivery to the carrier.

d) Where goods are sold FOB or CIF delivery shall be complete when they pass the ships rail.

e) Where a contract for supply and installation excludes connection to the electrical supply: when the goods have been installed and left ready for connection.

f) Where a contract for supply and installation includes connection to the electrical supply: when the goods have been installed sand left ready for use. Notwithstanding the above title to the goods shall remain with the Company until payment thereof has been received by the Company in full.

 

Liability for Accidents and Damage

Except as expressly stated herein all warranties, conditions and representations expressed or implied, statutory or otherwise are ( to the extent that they may in law be excluded ) hereby excluded and the Company shall not be liable in contract tort or otherwise for any loss ( of profit or otherwise and whether actual or potential damage expense or injury arising out of or in connection with any failure of the goods or any defect in them provided always that it shall accept:-a) Liability in respect of death or personal injury arising out of the Company's negligence. b) Such liability limited to the value of the goods supplied by the Company in respect of other loss or damage arising out of the Company's negligence. The Company will, in satisfaction of such liability at its option, either replace or repair the faulty goods or issue a credit note in respect thereof if the same are returned to the Company.

 

Patents

The Purchaser will indemnify the Company against all costs, charges, expenses and damages which the Company may incur or suffer in any claim for infringement of Letters Patent or Registered Design or Trade Mark of other design rights of whatsoever nature furnished or approved by the Purchaser or the use of any article or material supplied by the Company in a manner or for a purpose or in a foreign country not specified by or disclosed the Company. Further the Company shall not be liable to the Purchaser for any costs, charges, expenses or damages which the Purchaser may incur or suffer by reason of any of the matters aforesaid.

 

Quantity Orders

Goods ordered and manufactured in bulk under an arrangement whereby they are to be delivered to the Purchaser on call off basis shall unless otherwise agreed in writing be invoiced for the total cost ex-works on completion of manufacture with payment being made under clause 4 above.

 

Sub-Contractors

The Company reserves the right and shall be entitled to place any part of the work with sub-contractors.

 

 

 

 

Arbitration

If at any time any question, dispute or difference whatsoever shall arise between the Purchaser and Company, in relation to, or in connection with the Contract, either party may give to the other, notice in writing, of the existence of such question, dispute or difference and the same shall be referred to the arbitration of a person to be mutually agreed upon, or failing agreement within one calendar month, of some person appointed by the President for the time being of the Law Society. The submission shall be deemed to be a submission to arbitration within the meaning of the Arbitration Acts 1950 and 1979, or any statutory modification or re-enactment thereof.

 

Legal Construction

The Contract shall in all respects be construed and operate as an English Contract and in conformity with English Law.

 

Notices

Any notice under these Terms and Conditions of Sale which has to be given to the Company shall be sent by post to the Company's registered address.

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