Terms & Conditions
WEBSTER BUILDING SUPPLIES LTD
CONDITIONS OF SALE
- All quotations given by the Seller (unless otherwise agreed in writing) are subject to withdrawal and alteration without notice and do not constitute an offer to supply goods. Goods supplied against orders accepted in writing will be charged at the price ruling at the date of despatch.
- Accounts in respect of goods supplied are due for payment by the buyer on or before the last day of the month following that of delivery. The Seller reserves the right at any time and without prior notice to suspend deliveries to the Buyer in the event of any account of the Buyer with the Seller remaining unpaid after the time specified above. If the Seller should have to employ the services of an outside agent for the collection of payment the fees incurred in doing so shall be recovered from the Buyer.
- Deliveries by road can only be effected as near as possible to site on good, hard, accessible road. The unloading of the goods is the responsibility of the Buyer.
- The Buyer shall inspect the goods immediately on their arrival at the point of delivery, and shall within 72 hours from such inspection give notice in writing to the Seller of any matter or thing by any reason whereof the Buyer may allege that the goods are not in accordance with the Contract. Within seven days of receiving such notice, the Seller shall have the right to inspect the goods and provided that the Buyer has not used the Goods and the Seller is satisfied that the defect alleged by the Buyer has arisen from defective material or from the process of manufacture, the Seller will replace free of charge the goods so defective. But the Seller shall not be responsible for any consequential loss or charge other than that of replacing the defective unused goods. If the Buyer shall fail to give such notice as aforesaid, the goods shall be deemed to be in all respects in accordance with the Contract and the Buyer shall be bound to accept and pay for the same accordingly.
- The Seller will not be responsible for any delays in deliveries or suspension of deliveries caused by strikes, lockouts, war, fire, breakdown of plant and machinery or any other causes beyond his control.
- Descriptions or samples are submitted as indicative of the types of material and class of goods offered. No guarantee or warranty is given or implied that bulk supplies will be exactly as description of sample, and the use of such description and/or sample shall not constitute the contract a sale by description or a sale by sample as well as by description.
- The times within which the Buyer is to pay for the said goods and to give notice after inspection of the goods shall be the essence of the Contract.
- Any dispute touching or arising out of or in respect of the Contract or the subject matter thereof shall be referred to two Arbitrators, one to be appointed by each Party whose decision shall be final, in accordance with and subject to the provisions of the Arbitration Act 1950, or any statutory modification or re-enactment thereof for the time being in force.
- Should any of the above conditions be in conflict with the Buyer, the conditions of the Seller will apply.
- Title and ownership of goods ordered by and/or delivered to the Buyer shall not pass to the Buyer but shall remain in the Seller unless and until the Buyer shall have paid all monies that are owed to the Seller whether in respect of those goods or otherwise. All such goods in the Buyer’s possession while ownership and title is retained by the Seller shall be at the sole risk of the Buyer and in the event of the same being damaged or destroyed or lost while in the Buyer’s custody, the Buyer shall be liable to the Seller for the invoiced price thereof, with VAT. The Seller shall have the right to repossess the goods after the date for payment shall have passed or in the event of any attempted levying of execution thereon. Should any of the goods be converted into or made part of other goods or property (including immovable property) the Seller shall have the same rights of equitable and beneficial ownership in such other goods or property as it had in the goods themselves prior to such conversion until all indebtedness to the Seller from the Buyer under any head has been discharged.
- Notwithstanding the above, the Buyer shall be entitled to sell the goods to third parties in the normal course of the Buyer’s business, but the proceeds of any such sale shall whenever any sum whatsoever is due from the Buyer to the Seller whether under this Contract or howsoever otherwise be held on trust for the Seller.
- If the Buyer shall become insolvent or fail to make due payment in the time and manner specified by the Seller then the Seller shall have the right to suspend or cancel further deliveries, and payment for all goods, materials or services already supplied by the Seller shall become due immediately.
- An individual or firm shall be deemed to have become insolvent on the committing of any Act of Bankruptcy or on having execution levied against his or it’s goods or on a Petition in Bankruptcy being presented against him or any partner in the firm.
- A Limited Liability Company shall be deemed to have become insolvent on the Appointment of a Receiver or Manager on behalf of a Creditor, on having execution levied against it’s goods or on the passing of a resolution (other than for the purpose of amalgamation or reconstruction) for winding up or on the happening of any event which would entitle the court to appoint a Receiver or Manager or to make a Winding Up Order.
- These Conditions and any Contract made subject thereto shall be subject to and construed in accordance with Scottish Law.
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