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Terms and Conditions |
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1. DEFINITIONS
1.1 “The Company” means The Third Nature. “The Customer” means the customer or their agent who places an order.
2. TERMS
2.1 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Customer and the Company
2.2 The Company’s employees or agents are not authorised to make any representations concerning the goods unless confirmed by the Company in writing. In entering into the contract the Customer acknowledges that it does not rely on and waives any claim for breach of any representations which are not so confirmed.
3. ORDERS & SPECIFICATIONS
3.1 The Customer is responsible to the Company for ensuring the accuracy of the terms of any order submitted by the customer, and to confirm in writing all details on the Company’s quotation. The quantity, quality and description of any specification for the goods shall be those set out in the Company’s quotation (if accepted by the Customer) or the Customer’s order (if accepted by the Company).
3.2 All descriptions, specifications, estimates, drawings, weights, particulars of rates and dimensions submitted on a quote by the Company must be taken as approximate only.
3.3 The Company reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements and where the goods are to be supplied to the Company’s specification which do not materially affect its quality or performance.
3.4 In the event of a shortage of raw materials or component parts specified in the contract for use in the production of the goods the Company shall be entitled to substitute such other materials as it shall consider reasonable and fit for such purposes.
3.5 Quoted prices and rates depend on quantities and details on the quotation or order. The Company reserves the right to alter such prices, rates and/or delivery dates should any changes occur to the terms which alter the quality and/or quantity and description of and/or specification and/or date for delivery of the goods, being made.
3.6 All extras and accessories ordered but not specified in our quotation will be charged for separately as will the costs of all tests, alterations, additions and other work undertaken at the Customer’s request.
3.7 The confirmation of the Company’s drawings and/or quotations will not imply responsibility by the company for design or suitability of the products for their end use.
3.8 The Company does not guarantee that dimensions or finishes of component products of a contract will remain the same as small variations will from time to time occur. The Company shall not be liable for naturally occurring weathering or staining or other effect beyond the control of the Company.
3.9 All drawings produced by the company are approved by the Customer prior to manufacture and the Company can take no responsibility for errors in specifications provided to it by the Customer and upon which the Company relies.
3.10 The Company will manufacture precast concrete products to dimensional tolerances in accordance with the relevant British Standard, unless otherwise stated or agreed by the Company in writing.
3.11 The descriptions and illustrations contained in its catalogues, price lists and other advertisement matter are merely intended to present a general idea of the goods described therein and not so as to constitute a sale by sample unless otherwise agreed in writing between the Company and the Customer.
3.12 The Company reserves the right to use the services of a sub-contractor for any part or parts of the contract.
4. PRICE
4.1 The Company reserves the right to increase the price of the goods to reflect any increase in taxes, labour, materials, etc. that are beyond the control of the Company, provided that the Customer may cancel this contract within seven (7) days of any such notice being given by the Company.
4.2 Unless otherwise stated all Quotations shall remain open for acceptance within thirty (30) days from the date of the quotation.
5. TERMS OF PAYMENT
5.1 Payment of the price and VAT shall be due when the order is placed.
5.2 Production and/or delivery of goods will not commence until payment has been received by the Company.
6. DELIVERY
6.1 The Company will use its best endeavours to dispatch Goods on the Delivery Date, but does not guarantee to do so, and will not confirm the delivery date until the Company has received a written order and payment and the Customer has supplied the Company with all the relevant information to enable the Company to process the Customers’ Order. Time of delivery shall not be of the essence of the Contract unless agreed in writing between the Company and the Customer.
6.2 The risk in the goods shall pass to the Customer upon delivery taking place.
6.3 Upon the Company notifying the customer that the goods are ready for delivery or collection and if the customer within seven days does not take delivery or collect the goods the Company will charge storage charges to the Customer, and then after 28 days, the Company shall be entitled without prior notice to the Customer to re-sell the goods, such re-sale should not affect the customer’s liability to pay the Order price of the said goods.
6.4 If any of the goods proves to be defective at the time of delivery, other than through damage in transit, the Company must be advised of such defect in writing within 3 days of delivery.
6.5 The cost of pallets are to be charged by the Company to the Customer at the current list price which will be invoiced at the time of delivery, and will be credited to the Customer on the return of the undamaged pallets within 3 months of the date of delivery. The Customer is responsible for the return of all pallets. No Company invoice shall be withheld from payment due to any query over pallets.
6.6 All prices quoted for delivery to the customer are on the basis that delivery can be made on made up roads to the Customer’s address unless otherwise agreed in writing by the Company.
6.7 The use of the Company’s crane off-load facility available on certain vehicles is to be used solely for the purpose of off-loading from the lorry to road level.
6.8 Forthwith upon delivery or in any event within one hour of arrival, the Customer shall unload the goods and in the event that the unloading takes in excess of one hour, the Company reserves the right to levy an additional charge for such delays which will be subject to the Company’s standard demurrage.
7. ACCEPTANCE OF THE GOODS
If Goods are damaged or part of the order is lost in transit, the Company will accept no liability unless advised immediately upon receipt and in writing within three (3) working days of delivery (and if the damage or loss occurs in transit with carriers or another third party until the Customer notifies in writing such third party).
8. RISK AND PROPERTY
8.1 The goods shall be at the Customer’s risk from delivery or in the case of collection from the Company’s premises or place of business, from the time of taking possession of the goods and signing the relevant delivery/receipt documentation.
8.2 Property in the Goods shall not pass from the Company until the Customer has paid the price plus VAT in full, and no other sums whatever shall be due.
9. WARRANTIES AND LIABILITIES
9.1 Except in respect of death or personal injury caused by the negligence of the Company the Company shall not be liable to the Customer by reason of any representation or any implied warranty condition or other term or any duty of common law or under the express terms of the contract for any consequential loss or damage (whether for loss of profit or otherwise) costs expenses or other claims for consequential compensation whatsoever (and 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 its use by the Customer.
9.2 The Customer shall indemnify the Company in respect of any liability loss claim or proceedings whatsoever arising whether under statute or at common law in respect of any damage to property or in the death or injury to any person caused by the use of the goods unless in case of death or personal injury only such death or injury shall be proved to have been caused by the negligence of the Company, its employees or agents.
9.3 The Company shall not be liable to the Customer for any loss or damage caused by non-performance or by delay in the performance of any of its obligations hereunder to the Customer due to any act of God, or force majeure, war, civil disturbance, government restrictions or action, strike, lock-out, explosion, accident or trade dispute, material shortages, breakdown in machinery, fire or accident, or any other cause whatsoever beyond the reasonable control of the Company.
9.4 Written notification of any defective product must be sent to the Company provided always;
9.4.1 if it is apparent at the time of delivery or collection then within three (3) days.
9.4.2 in the event of a latent defect within a period of six months.
9.5 The Company shall be afforded a reasonable length of time to inspect and examine the goods in the state they were in at the time of delivery or in the case of a latent defect at the time the defect first became apparent.
9.6 Liability shall be limited to free replacement or credit in full.
10. INSOLVENCY OF CUSTOMER
Without prejudice to any other right or remedy available to the Company the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Customer and if the Goods have been delivered but not paid for the price of the Goods supplied up to such time shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary if the Customer:
10.1 becomes subject to an Administration Order (being an individual or firm) become Bankrupt or (being a company) goes into Liquidation.
10.2 an encumbrancer takes possession or a Receiver is appointed of any of the property or assets of the Customer.
10.3 the Customer ceases or threatens to cease to carry on business; or
10.4 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
11. RETURNED GOODS / CANCELLATION
11.1 In the event of cancellation or alteration by the Customer of an order placed with the Company after its acceptance by the Company the Customer shall be liable to indemnify the Company against all loss including loss of profit costs (including costs of labour and materials used and overheads incurred) and all other expenses and damages connected with the order and its cancellation or alteration and,
11.2 The Company reserves the right to refuse to accept the return of any Goods correctly supplied to order or unfit for resale.
11.3 Any goods accepted for credit will be subject to any re-stocking, haulage and/or handling charge as appropriate.
12. PROPER LAW OF CONTRACT
This Contract shall be governed by the laws of England and Wales.
13. NOTICES
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing or by fax addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
14. WAIVER
14.1 No waiver by the Company of any breach of the contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
14.2 If any provision of these Conditions is held to be invalid or unenforceable in whole or in part the validity of the new provision of these Conditions and the remainder of the provision in question shall not be affected thereby.
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