TRADE TERMS AND CONDITIONS OF SALE
The following terms and conditions (“the conditions”) are the terms on which Scott Doors Ltd (“the company”) sells products and supersedes all other terms and conditions relating to those products
1. Price and payment.
1.1 The price (exclusive of VAT) for the Goods (“the price”) shall be quoted price of the seller and the buyer shall make payment of the price strictly 30 days from the completion of the specified works. All quotes are only valid for three months from date of issue.
2. Goods
The description and quantity of the Goods to be sold (“the goods”) shall be as set out in the quotation provided by the seller to the buyer (the quotation”).
3. Delivery & Installation
The seller shall deliver the goods to the buyer’s address and on the date as mutually agreed. Delivery and installation dates may be subject to change due to weather conditions and other unforeseeable circumstances.
4. Acceptance
The buyer shall be deemed to have accepted the goods if they have not been rejected on or before the seventh day after delivery/installation. The buyer shall carry out a thorough inspection of the goods within 3 days of delivery/installation and shall give written verification to the seller within 7 days of delivery/installation of any defects which reasonable examination would have revealed. The buyer shall not be entitled to reject the goods in whole or in part after this date.
5. Title and risk.
The goods shall be at the risk of the buyer following delivery and, notwithstanding delivery, title in the goods shall not pass to the buyer until the buyer has made payment of all sums owing to the seller failing which the seller shall have the right to repossess or otherwise recover the goods. Until title passes the buyer shall hold the goods as bailee for the seller and shall store or mark them such that at all times they can be identified as the sellers property.
6. Limitation of liability.
6.1 Save in respect of personal injury or death due to the negligence of the seller, the seller shall not be liable to the buyer in respect of any loss suffered by the buyer due to any defect in the goods.
6.2 Without prejudice to clause 6.1 the seller shall not be liable to the buyer or any third party for any loss of profit, consequential or other economic loss suffered by the buyer arising in any way from this agreement.
7. Force majeure.
The seller shall not be liable for any default due to any circumstance beyond the reasonable control of the seller including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood earthquake or shortage of supply.
8. General.
8.1 If any term or provision of these conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
8.2 The seller may without the consent of the buyer sub-licence its right or obligations or any part of these conditions.
8.3 The headings in these conditions are for ease of reference only and shall not affect the interpretation of any of the conditions.
9. Third party rights.
Notwithstanding any other provision of this agreement, nothing herein shall confer nor is it intended to confer a benefit on any third party for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose.
10. Governing law and jurisdiction
The laws of England and Wales shall govern this agreement.
11. Rights of consumer.
Nothing in these conditions shall affect the statutory rights of a consumer.
