Terms & Conditions
(a) In these conditions ‘the Company’ means Robertson Technical or any subsidiary company or agent authorised by them and ‘the Purchaser’ means the person or persons firm or company purchasing from or doing business with the Company.
(b) ‘The Goods’ means all products supplied by the Company to the Purchaser whether by means of sale, hire, rental or otherwise and whether the property of the Company or distributed by the Company as agents for another.
(a) These Conditions of Sale should be read in conjunction with any Special Conditions included in the Company’s quotations.
(b) The Company reserves the right to accept or refuse any order given on the basis of its quotation and in the event of the refusal of any order no damages or expenses of any kind shall be payable by the Company.
(c) In purchasing Goods from the Company on these conditions the Purchaser is deemed to acknowledge that they do not rely upon the skill or judgment of the Company or of its employees or agents as to matters connected with the Goods.
(d) The Purchaser shall be responsible for providing any guard or protection necessary to comply with any statutory requirements in connection with the operation of machinery.
(e) Any complaints about the Goods returned will noly be recognised if the Delivery Note number is quoted and the Company has issued a Collection Note for the Goods.
(f) Credit will only be given for Goods returned if the Delivery Note number is quoted and the Company has issued a Collection Note for the Goods
(g) Fixing screws are included with most finished non-ferrous items, with the exception of those that need bulk quantities, and it is normal for the Purchaser to decide length necessary, such as Butts, Hinges, Bookcase Strip etc. Unless specifically requested by the Purchaser, screws are not included with iron and steel products.
(h) All samples will be charged at the current rate and are non-returnable.
(i) The Company reserves the right to make a delivery charge according to the circumstances of each order.
(j) The Purchaser warrants to the Company that it agrees to be bound by these conditions as principal and not as agents on behalf of any person, firm or Company.
(l) The Purchaser may not assign all or any of its rights or obligations under these Conditions.
(a) Unless terms are agreed otherwise all sums become due and payable under these Conditions not later than 30 days from the end of invoice month, or on demand if the Company reasonably believes that the Purchaser may be unable to meet its payment obligation under these Conditions.
(b) There shall be no payment, for purposes of these Conditions, until any cheque has been cleared.
(c) Time for payment shall be of the essence.
(d) The Company reserves the right to charge interest at the rate of 8% above the base rate from time to time of the HSBC Plc on all overdue accounts such interest being deemed to accrue on a day to day basis from the due date of payment under paragraph (a) of this Condition.
(e) The Purchaser shall have no right of set off statutory or otherwise.
(f) If the Purchaser (being a Company) has a petition presented for its winding-up or passes a resolution for voluntary winding-up otherwise than for the purpose of a bona fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or any part of its assets or (being any individual) becomes bankrupt or insolvent or enters into any arrangement with its creditors or commits a material or serious breach of these Conditions of Sale (and in the case of such a breach being remediable fails to remedy it within seven days of receiving notice to do so) he will be deemed to have repudiated the Contract.
(g) The Company reserves the right at any time at its discretion to demand security for payment before continuing with or delivering any order.
4. RISK AND THE PASSING OF PROPERTY
(a) Risk of damage to or loss of the Goods shall pass to the Purchaser:
(i) In the case of Goods to be delivered at the Company’s premises, at the time when the Company notifies the Purchaser that the Goods are ready for collection; or (ii) In the case of Goods to be delivered otherwise than at the Company’s premises, at the time of delivery or, if the Purchaser wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods.
(b) Notwithstanding delivery and the passing of risk of the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Purchaser until the Company has received cash or cleared funds payment in full of the price of the Goods and all the other goods agreed to be sold by the Company to the Purchaser for which payment is then due.
(c) Until such time as the property in the Goods passes to the Purchaser, the Purchaser shall hold the Goods as the Company’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Purchaser and third parties and properly stored, protected and insured and identified as the Company’s property, but shall be entitled to resell or use the Goods in the ordinary course of its business.
(d) Until such time as the property in the Goods passes to the Purchaser (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Purchaser to deliver up the Goods to the Company and, if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the goods are stored and repossess the Goods.
(e) The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Purchaser does so all monies owing by the Purchaser to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
(a) Delivery will be deemed to have been effected after the Goods leave the premises of the Company or as the case may be the premises of the suppliers to the Company in circumstances where the Goods are delivered direct from such suppliers
(b) Time of delivery is not of the essence.
(c) The Company shall not be liable for any loss whatsoever or howsoever arising caused by its non-delivery or by the failure to make Goods ready for collection on the due date.
(d) The Company reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.
(e) When delivery is to be by instalments or the Company exercises its right to deliver by instalments under paragraph (d) of this Condition or if there be delay in the delivery of any one or more instalments for whatever reason this will not entitle the Purchaser shall be obliged to accept and pay at the Contract rate for the quantity of the Goods delivered.
(f) Deviations in quantity of the Goods delivered (representing not more than 10 per cent by value) from that stated in these Conditions shall not give the Purchaser any right to reject the Goods or to claim damages and the Purchaser shall be obliged to accept and pay at the Contract rate for the quantity of the Goods delivered.
6. WARRANTIES AND LIABILITY
(a) Subject as is expressly provided in these conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
(b) Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Purchaser by reason of any representation (unless fraudulent) or any duty at common law, or any duty under these Conditions, for any indirect, special or consequential loss or damage (whether for loss or profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Purchaser, and the entire liability of the Company shall not exceed the price of the Goods, except as expressly provided in these Conditions.
7. PRICES Goods will be invoiced at prices ruling at date of despatch unless agreed in writing between the parties. The prices indicated might be subject to revision, or may be withdrawn should our offer not be accepted in its entirety.
8. INDEMNITY Where the Purchaser is an individual, that individual personally guarantees to indemnify the Company for any amount outstanding from time to time in the event of non-payment of sums due under Conditions 3 above.
(b) Where the Purchaser is a partnership, the partners personally guarantee, jointly and severally, to indemnify the Company for any amount outstanding from time to time in the event of non-payment of sums due under Condition 3 above.
(c) Where the Purchaser is a limited company, the directors’ guarantee, jointly and severally, to indemnify the Company for any amount outstanding from time to time in the event of non-payment of sums due under Condition 3 above.
9. SEVERABILITY If any part of these Conditions is declared void or unenforceable by any Court or Administrative Body of competent jurisdiction, the validity of the remaining provision of these Conditions are not affected.
10. LAW AND JURISDICTION English law governs these Conditions and the Company and the Purchaser agree to the non-exclusive jurisdiction of the English Courts.
11. PURCHASER’S RIGHTS TO CANCEL
(a) The rights set out in this Condition 11 are only available to a Purchaser who falls within the definition of consumer in the Consumer Protection (Distance Selling) Regulations 2000.
(b) The Purchaser may cancel its order for Goods at any stage up to seven working days after the Goods are delivered as defined in Condition 5 by notifying the Company in writing at the address at the top of these Conditions.
(c) The Purchaser must return any Goods received by it to the Company’s contact address as set out at the top of these Conditions at the Purchaser’s own risk and cost, in as good condition as when they were delivered to it and, if in sealed packaging, unopened.
(d) The Company will refund the purchase price (less any re-stocking charge(s) if applicable as soon as possible after receiveng notice of cancellation from the Purchaser, and in any case within 30 days of receipt of that notice, subject to the Purchaser returning the goods as set out above.
(e) The Purchaser’s right to cancel its order as set out in this Condition does not apply to orders for Goods which are made to the Purchaser’s specifications or are clearly personalised.
Partners: RC Dunn, JF Dunn, G Dunn, CG Dunn, P Dunn, S Dunn
Tel: 08450 577077 | Fax: 08450 582049 | email@example.com
Last updated December 2013