The following Conditions apply to the sale of materials or equipment and to the hire, servicing or repair of goods supplied, repaired or serviced by CASTLE INDUSTRIAL SUPPLIES LTD hereinafter called the ‘Company’. No alterations or additions to, nor exclusion of, any part of these conditions shall be valid in law unless specifically agreed in writing by a Director of the Company. Nothing in the Buyer’s Terms of Purchase shall override, cancel or modify any of the Company’s Standard Conditions of Trade.
Buyer herein shall include buyer, hirer, lessee, owner or any other person who is in charge of goods supplied by the Company. ‘Goods’ shall include materials, equipment, spare parts and any other items supplied, serviced, repaired, loaned or hired by the company.
PRICES & TERMS OF PAYMENT
Charges for goods or services supplied by the Company shall be paid in full on or before delivery or completion, unless the Buyer has an account with the company.
An application for the opening of a credit account with the Company shall include an undertaking by the applicant that he/she has read and agreed to the Company’s Standard Conditions herein. Where the buyer has an account, payment should be received by the last day of the month following date of the invoice. If payment by the Buyer is delayed, the Buyer shall pay to the Company interest on monies outstanding at the rate of 2 ½ % per month or part month on the outstanding balance until payment. The Company may at its absolute discretion close the Buyer’s account at any time and any balances shall be paid immediately by the Buyer to the Company.
The property in and title to goods supplied by the Company shall remain with the Company until payment by the Buyer of the total purchase price and of all other sums due to the Company from the Buyer. In the event of non-payment of sums due to the Company from the Buyer, the Company shall be entitled to enter the Buyer’s premises and to physically repossess and remove therefrom the goods supplied by the Company up to the total value of outstanding debt (regardless of whether the account statement has ever reduced to zero).
SPECIFICATON OF GOODS/DEFECTS
It is the responsibility of the Buyer to examine the goods supplied by the Company and to identify any defects in materials and/or workmanship which might cause damage or injury. Illustrations, descriptions, weights and measurements shall be taken by the Buyer as a guide only, and are not binding in detail. The Company reserves the right without notice and without affecting the validity of the contract to make such changes in materials, dimensions and design as are reasonable and desirable.
Where assembly of goods supplied by the Company is not undertaken by the Company, the Buyer shall be responsible for assembly in accordance with the Company’s instructions and shall ensure that instructions have been obtained from the Company. Failure to assemble the goods correctly will invalidate the Company’s responsibility for damage caused to or by the goods.
ADVICE, INFORMATION & OPINION
Advice, information and opinion given by any Director, Employee or Agent of the Company is given without legal responsibility. Any recommendation or suggestion made by the Company relating to the use of goods, whether in technical literature or in response to specific enquiry, is made in good faith, but is for the Buyer to satisfy himself of the suitability of the goods for his particular purpose, and he shall be deemed to have done so.
LIMIT OF LIABILITY
The Company shall not be liable for damage or injury caused by its goods or workmanship beyond replacement of the goods or work on verification of the Buyer’s complaint. The Company shall not be liable for consequential loss caused by its failure or delay in supplying, servicing or repairing goods, whether the loss arises from the actions or from the omissions of the Company, its employees, agents or subcontractors.
Any time named by the Company for the delivery of its goods is an estimate only, and while every effort will be made to deliver on time the Company will not be liable for any consequences of a delay in delivery. Claims by the Buyer for damage during transit or for shortages must be made to the Company in writing within 7 days of the date of delivery.
Guarantees given shall not be applicable outside the United Kingdom unless expressly stated otherwise by the Company in writing. Any guarantee given will be invalidated if the goods supplied by the Company are subjected to misuse or accidental damage after the Buyer has taken delivery of them.