Terms & Conditions of Contract for supply of Goods and Materials

Trade Supply Terms & Conditions

For Trade & Commercial Customers

General Terms

1. Typographical, clerical or other errors or omissions in any quotation or acknowledgement of order issued by us shall be subject to correction without any liability on our part.
2. The specification of the services and plant required for the works are detailed in our acknowledgement of your order.
3. We reserve the right to make changes to the specification at any time to conform to any applicable safety or other statutory requirement, as part of our continuous improvement programme or to accommodate site conditions.

Prices

1. All quotations are based on prices detailed in our acknowledgement of your order. In certain instances, where external costs to us have risen significantly due to factors beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, plant, materials, subsistence, accommodation or other costs associated with the works) between the date your order was placed and the delivery date, the price will be recalculated accordingly and advised to you as soon as we are able.
2. Prices quoted are exclusive of VAT.
3. Quotations are valid for 60 days unless otherwise specified, after which they may be subject to change without notice. Any change to the installation date, quantity or specification for the goods or materials to be installed requested by you or any delay caused by changes made by you may result in a change to the quotation.
4. Only in exceptional circumstances will we increase the price of the goods to you within 14 weeks of your acceptance of our quotation if the specifications of the works to be carried out remain unchanged.

Payment Terms

1. All invoices rendered by us to you are due for payment in full within 30 days of the date of invoice to the address stated on the invoice.
2. We will invoice you for cost of the works either at on completion of the works or at intervals during the execution of the works at our discretion.
3. Where a Prompt Payment Discount is agreed, it will only be applied if the payment is received as cleared funds by the agreed due date.
4. The payment due date and acknowledgment of order forms the essence of the contract between us. Without prejudice to any other rights due to us, should you fail to pay our invoice by the due date, interest will be charged on the overdue amount from the date on which payment was due to that on which is made, on a daily basis at a rate of 4% above the base rate from time to time
quoted by Bank of Scotland plc. You will also incur liability for all costs and expenses (including legal costs) incurred by us in the collection of any overdue account. These interest charges will be compounded with 3 monthly rests.

Quality and Description

Subject to the terms detailed in the below, the works supplied shall:
1. Conform in quality and description to the particulars stated in the order.
2. Be of sound workmanship.
3. Be equal in all respects of any written specifications provided unless otherwise provided.
4. Be fit for the purpose indicated in the order either expressly or by implication.

Your responsibilities to us

1. You will carefully examine the works throughout the installation process and will notify us in writing of any defect or other failure to comply with the contract within 24 hours of discovering the faults, thereby allowing us to remedy the fault while still on site. This in no way replaces your right to examine the works on completion and to notify us at that time of any snagging issues that may arise.

Limitation of Liability

1. Subject to the terms contained in this document, the works are not supplied with, or subject to, any condition, warranty or other terms unless specifically stated by or agreed to by us in writing save that they will be fit for purpose.
2. Except under the terms contained in sub-paragraphs (1) and (2) above or in respect of death or injury caused by our negligence, our liability to you is limited to the cost of the works supplied to you.
3. Except under the terms contained in sub-paragraphs (1) and (2) above, we will not be under any liability meet any cost or expense incurred by you in repairing works unless we are first given a reasonable opportunity of carrying out repairs.