Terms And Conditions
General Conditions of Sale
The “Company” means National Masonry Ltd, “ The Customer” means any person, firm or company purchasing goods or services supplied by National Masonry Ltd.
These conditions shall form the basis of the Contract between the Company and the Customer. Notwithstanding anything to the contrary in the Customers standard conditions of purchase,these Conditions shall apply except so far as expressly agreed In writing by a properly authorized person at the head office of the Company. No servant or agent of the Company has power to vary these conditions orally or to make representations or promises about the condition of the goods, their fitness for any purpose or any other matter whatsoever.
Unless otherwise expressly stated in writing all quotations and estimates by the Company are invitations to treat. The Customers order is an offer and will become binding upon the Company either posting or otherwise notifying its confirmation of the order or despatching any or all of the goods contained in the customers offer. A confirmed order may only be cancelled or varied with the Company’s consent, the giving Of the Company’s consent shall not in anyway prejudice the Company’s rights to recover from the customer full compensation for any loss or expense arising from such cancellation or Variation.
The Customer shall carry out a thorough inspection of the goods within a reasonable time after their delivery and shall give in written notification to the head office Of the Company forthwith of any defects, which a reasonable examination would have revealed. In the case of other Defects the customer shall give written notification of Defects in the goods within 6 months from the date of delivery or (if the goods have been supplied by the Company under a Main contract with a defects liability period) the end of the Defects liability period whichever is the shorter. Subject to compliance with the above obligations, which shall Be a condition precedent to the Company’s Liability, the Company will repair or replace(at its option)any components Of the Company’s manufacture, which fail due to faulty materials Or workmanship .In the case of components or products not of The Company’s manufacture but supplied by the Company As part of a contract or order the Company will assign to the Customer its rights against its supplier and these rights shall be taken In extinction and of the substitution for any rights which the customer Would otherwise have had against the Company. The liability of the Company under this guarantee shall be Limited to the invoice value of the components replaced or repaired and the company shall not be liable for any consequential loss or damage howsoever caused. It shall be the duty of the customer to insure against such consequential loss and to hold the Company Harmless there from. The Company shall not be liable under this Guarantee for any defect in the goods resulting directly or indirectly from their misuse by or the negligence of the customer.
- Unless otherwise stated all quotations and estimates assume Delivery in full loads. The company reserves the right to Charge extra for delivery in part loads where requested by The customer
- the customer shall note any claim for short Delivery and/or for the damage to components on the delivery Schedule at the time of delivery and shall confirm such claims In writing to the company’s head office within three working Days from the date of delivery. Compliance with this requirement shall be a condition precedent to any claim for Short delivery and/or damaged components .If short delivery Does take place the customer undertakes not to reject the goods but to accept the goods delivered as a part performance of the contract.
- The company undertakes to use its best endeavours to dispatch the goods on a promised delivery date but not guarantee to do so and accepts no liability for late delivery or any consequential loss arising there from. time of delivery shall not be of the essence of the contract unless expressly stipulated in writing, If delivery is delayed by strikes, Lockouts fire, accidents, defective materials, delays in receipt of raw materials or bought in goods or components or any other cause beyond the reasonable control of the Company a reasonable extension of time for delivery shall be granted and the customer shall pay such reasonable extra charges as shall have been occasioned by the delay.
- Where the goods are not delivered by the company, but by an independent carrier nominated by the Customer, delivery to the carrier shall be delivery to the customer.
Carriage charges will be added to all order where the Value is below the level indicated and as from time to Time may be amended, by the information page which accompanies the company official catalogue or price List as being the value set for carriage free deliveries except Where the customer specifically requests overnight or other Express services or where Steel Reinforcement is supplied When carriage charges will be added irrespective of the Value of the order.
All quotations and estimates issued by the company are unless otherwise stated based on current cost of production (material, Hours and wages) and are subject to amendment on or after Acceptance to meet any recognised rise or fall in such cost. Value Added Tax not included in the quotation or estimate will be added where appropriate and at the rate applicable
Government Taxes or Levies
Any variation to prices quoted as a result of government Taxes and levies will be for the customers account.
Terms of payment
The customer shall pay strictly Nett 30 Days after the end of the Month in which deliveries are made. If the customer shall fail to pay promptly they shall loser the benefit of any previously agreed discount. Failure to make payment at the due date shall entitle the Company to Suspend deliveries until payment is made or to terminate the contract In writing or to treat the contract as repudiated by the Customer without Prejudice to the company’s rights to damages for breach of contract. If there is any delay in making payment the company shall be entitled to charge interest on the outstanding amount at 4% above the base rate
Charged by the company’s banker from the due date until the date of actual payment .The customer shall pay all accounts in full and not Exercise any rights of set-off or counterclaim against invoices Submitted.
Property and Risk
The property (both legal and equitable) in goods shall not pass to the Customer until
(a) The purchase price of the goods has been paid in full,
(b) Payment is made to the company of any sum which is at the date of the Contract or May therefore become due or owing from the customer to the Company. Until property in the goods has passed to the customer the Customer will hold the goods (or their proceeds of resale) in a fiduciary capacity. Not withstanding that the ownership remains with the company until the Goods are paid for in full, the customer shall accept the risk in the goods on Delivery and shall appropriately insure them, The customer shall keep the Company’s goods separately identifiable and grants an irrevocable licence to The company to enter on to the customers premises with agents and vehicles If appropriate to recover the company’s property.
Unless otherwise agreed the goods shall be delivered in the Company’s Standard packaging. Special packaging specifications to meet the customers
Requirements must be referred to the Company for review and acceptance. The Company shall make a charge for this and the cost will be shown as a
Separate item on the invoice
In addition to any right of lien to which the Company may by law be Entitled it shall have a general lien on the goods of the customer in its Possession (although such goods or some of them may have been paid For) for the unpaid price of any other goods sold and delivered to the Customer by the Company under the same or other contracts.
Return of Goods
Goods may be returned subject to the Company’s prior agreement and Then only if they are standard stock items in as new condition. Freight and a handling charge will be payable. Special items and goods ordered To Customers specification shall not be cancelled or returned.
The Company’s rights shall not be affected or restricted by any Indulgence or forbearance granted to the customer. No waiver by the Company of any breach shall operate as a waiver of any later breach
All orders are accepted subject to references being satisfactory
The rights and obligations of the parties and all the terms and Conditions hereof and any disputes arising out thereof shall be Constructed in accordance with English Law to the jurisdiction of The courts of which the customer shall submit