Conditions of Sale – Counter Sales

Conditions of Sale

GENERAL

All quotations are made and orders accepted subject to the following terms and conditions and no additions or alterations shall apply unless specifically agreed in writing by Stevenson Sales.

ADVERTISEMENTS

All descriptions and illustrations contained in our catalogues, price lists and other advertising matter are intended merely to present a general idea of the items described therein and shall not form part of the contract.

SPECIFICATION

If the Company adopts any changes in construction or design of the goods to be supplied the Customer shall accept the goods so changed in performance of the contract provided that any such changes do not materially alter the function or characteristics of the goods.

QUOTATIONS

Quotations are given on the basis of immediate acceptance unless stated and are subject to withdraw or revisions. Further unless agreed in writing by Stevenson Sales the Company shall be after acceptance at liberty to revise quotations or charges without notice in the event of changes occurring in exchange currency rates, rates of freight, insurance premiums or any other charges applicable. All quotations are given on an “ex works” basis unless otherwise stated.

ORDERS

Orders are accepted and promises of deliveries given conditionally on the Company being able to secure the necessary labour or materials and without any responsibility for delays arising through risks and uncertainties of manufacturing strikes, accidents, or other causes beyond the Company’s control. In the event of an order (which must be confirmed in writing) being cancelled by the purchaser, the purchaser shall be liable to indemnify the Company against all losses, including the loss of profit, costs (including the cost of labour and materials used and overheads incurred) and all other expenses and damages connected with the order and its cancellation.

ACCEPTANCE

The purchaser shall be deemed to have accepted the goods delivered against their order unless within 10 days of acceptance written confirmation is received by us notifying that the goods are not in accordance therewith.

DELIVERY

All goods sold for delivery are on an “ex works” basis unless otherwise agreed in writing. The Company are at liberty to arrange the transport.

The Company will not accept responsibility for any loss, shortage or damage after delivery unless the following instructions are complied with:

  1. Non delivery. Immediate notification must be made in writing to the carrier and the Company if goods are not received within 10 days of the Company’s invoice being received.
  2. Damage and Loss. The goods should be examined at the time of delivery. Any parcel appearing to be damaged or pilfered – the consignment note should be endorsed to that effect. The carrier should be immediately notified in writing and a detailed written claim made to Stevenson Sales within 10 days of receipt of goods.

The Company will not be responsible for the replacement of goods which have been damaged or destroyed as a result of:

  1. Extreme bad weather conditions.
  2. Mishandling.
  3. Failure to follow instructions (written and oral) given by the Company, its servants, or agents, or by other manufacturing suppliers or other relevant persons, or to comply with the usual accepted practices relating to the installation and use of the goods supplied or to other goods and substances used in, or in conjunction with the goods supplied or to any works ‘or construction required in connection with the installation or use thereof.

Any timing or date for delivery given by the Company is an estimate and not guaranteed and the Company shall not be liable for the consequences of any delay.

RETURNED GOODS

There shall be no liability on the Company to accept returned goods. However, the Company will, at its own option, accept such returns, provided they are received at the Company’s place of business in good condition, when the Company, at its own option, will credit the Customer in full, or less 25% handling charge according to the circumstances.

LIABILITY

Goods are sold upon such terms that save to the extent of replacements and repairs under Clause 8 thereof. Neither we nor our servants or agents shall be liable in contract tort or otherwise for any loss of production or damage or loss (however such loss or loss of production or damage caused) suffered by the customer or any other person arising out of or in connection with the design manufacture, sale or delivery (or failure to deliver or delay in delivery) or installation of any goods.

GUARANTEE

The Company warrants that all products supplied by it to the purchaser will be of merchantable quality and reasonably fit for the purpose for which they are supplied and the Company will replace any products which fall short of such standards providing the Company is notified in writing immediately by the purchaser of any alleged defects so that an investigation may be made.

The Company undertakes that insofar as it is able it will pass on to the purchaser the benefit of the manufacturers warranty given in respect of any goods supplied providing always that it shall be the purchasers sole responsibility to ensure that all conditions of such manufacturing warranty (whether in respect of notification or otherwise) are fully complied with.

The purchases warrants that all products sold to them hereunder will be used, installed, maintained and repaired in strict accordance with the instructions of the Company (written or oral) and the use, installation, maintenance and repair of such products by the purchaser will be of the highest quality. The purchaser undertakes prior to installation or use to thoroughly inspect and, so far as possible list the quality and the proper functioning of the products supplied by the Company.

If the goods supplied are alleged to be defective in materials or fabrication or different from those ordered the customer or purchaser must notify the Company in writing within 30 days of the invoice date.

FRUSTRATION

We shall be relieved of all liabilities incurred under this contract wherever and to the extent to which the fulfillment of such obligations are at present frustrated or impeded as a consequence of shortage of raw material, service or components necessary to enable us to supply the goods contracted to be supplied or by reason of (a) Act of God, War, National emergency or threat of war, Act of Parliament, or orders, regulations or bye laws made under statutory authority, industrial disputes, civil commotion, fire, tempest, flood, quarantine, failure of suppliers of raw materials and other goods deliveries or (b) Any other cause other than the foregoing of whatsoever kind and wherever occurring being a cause beyond our reasonable control.

PROPERTY IN GOODS 

All goods shall remain the Company’s sole property until the customer or purchaser has paid for them in full.

Notwithstanding this condition the customer shall be liable for all damages to the goods after they have taken possession of them save where such damage has been proved to be caused by negligence of the Company or its servants.

TERMS OF PAYMENT

To comply with the Company’s terms of trading, for credit account customer payment in full (unless otherwise agreed in writing) is due 30 days after the end of the month of the date of the invoice. We reserve the right to charge 3% over the current base lending rate of the Company’s bankers from time to time on overdue accounts.

All disputes shall be submitted to arbitration in accordance with the provisions of the Arbitration Act 1889 to 1934 or any modification thereof from time to time being in force.

All agreements between the Company and its customers shall be governed by English law and be within the exclusive jurisdiction of the English courts.

Last updated 13/12/2013