Terms & Conditions
1 GENERAL
1.1 These Conditions are the only conditions that upon which Granfix
Products Limited (“the company”) is prepared to deal with its customer
(“the customer”) and they shall govern the contract to the entire
exclusion of any other express or implied conditions.
1.2 These Conditions may only be modified by a variation in writing on
behalf of the Company by a Director and no other action on the part of
the Company (whether delivery of the goods or otherwise) shall be
construed as an acceptance of any other conditions.
1.3 These Conditions (as modified in accordance with paragraph 1.2 and
together with any matters referred to on the face of the Company’s
quotation and/or acceptance of order) embody the entire understanding
of the parties and supersede any prior promises, representations,
undertakings or implications..
2 PERFORMANCE
2.1 As site conditions vary and are beyond the Company’s control, the
Company’s liabilities for the performance of the goods are limited. The
Customer must satisfy itself by appropriate trials that the goods are
suitable for the intended use and ensure that the instructions on any
labels, data sheets or COSHH sheets are strictly complied with.
2.2 The Company warrants only that the goods shall at the time of delivery
be free from defects in workmanship and materials. If any goods do not
conform to this warranty, the Company will at its opinion:-
replace any goods found not to conform to the warranty
take such steps, as the Company deems necessary to bring the goods
into a state where they are free from such defects, or
take back the goods found not to conform to the warranty and refund
the appropriate part of the purchase price.
2.3 Provided that the liability of the Company shall in no event exceed the
purchased price of the goods, and performance of any one of the above
options shall constitute an entire discharge of the Company’s liability
under this warrant.
2.4 The foregoing warranty is conditional upon:-
the Customer giving written notice to the Company of the alleged
defect in the goods such as notice to be received by the Company
within seven days of the time when the Customer discovers or ought to
have discovered the defect and in any event within three months of the
delivery of the goods and
the Customer affording the Company a reasonable opportunity to
inspect the goods and, if so requested by the Company, returning the
allegedly defective goods to the Company’s works, carriage prepaid, for
the inspection to take place.
2.5 Save as provided in Condition 2.2 Section 2 (1) of the Unfair Contracts
Act 1977 and Section 12 of the Sale of Goods Act 1979.
all conditions and warranties, express or implied, as to the quality or
fitness for any purpose of the goods are hereby expressly excluded: and
the Company shall be under no liability for any loss or damage
(whether direct, indirect or consequential) howsoever arising which may
be suffered by the Customer.
2.6 In the event that notwithstanding the foregoing provisions of this Condition, the Company is found liable for any loss or damage suffered by the Customer, that the liability shall in no event exceed the purchase price of the goods.
2.7 The foregoing provisions of this Condition shall not apply to sales which are made to persons who deal as consumers (as that expression is
defined in Section 12 of the Unfair Contract Terms Act 1977), unless
the contract is an international supply contract (as described in Section
26 of the Act).
3 VARIATION IN PRICE
3.1 Unless the Quotation specifies a fixed price the price for products will be the Company’s list price last published on the date of invoice subject to such discounts as may be specifically agreed by the Company.
3.2 The contract price is exclusive of value added tax or any similar taxes, levies or duties, which will be added to or charged on invoices at the appropriate rates.
4 PAYMENTS
4.1 Unless otherwise agreed in writing, the Customer shall pay for the goods within 30 days of the date upon the Company’s invoice is dispatched to the Customer.
4.2 If any part of the payment is to be made hereunder by the Customer to the Company is overdue, interest will be chargeable thereon as well after as before judgement on a day to day basis at an annual rate of 15% until the sum is paid.
4.3 Where any sum owed by the Customer to the Company under this or any other contract is overdue the Company may withhold any deliveries of goods due to be made under this contract until arrangements as to payment or credit have been established which are satisfactory to the Company.
5 DELIVERY
5.1 Unless otherwise stated, the Company’s prices include delivery to any
part of the United Kingdom.
5.2 The periods quoted for delivery are indications only and bear no undertaking on the part of the Company unless a fixed date is expressly agreed.
5.3 The Company will use reasonable endeavours to effect delivery on agreed dates but will not be liable for any loss or damage occasioned by delay.
5.4 Under no circumstances shall the Customer refuse to accept goods on the grounds of delay in delivery.
5.5 If the Customer being a company shall pass a resolution
or suffer an order of a court to be made for its winding-up, or if a receiver shall be appointed, or if a petition for the appointment of an administrator shall be presented in respect of it, or being an individual or partnership shall suspend payment or propose to enter into any composition with creditors or become unable to pay its debts (or have no reasonable prospect of doing so) or suffer a bankruptcy order, then the Company may without prejudice to any other right rescind the contract or suspend or cancel delivery or recover the possession of any goods for which payment in full has not been received.
5.6 Any pallets used in deliveries remain the property of the
Company and it shall be the responsibility of the Customer to return these to the Company or to pay £20 plus V.A.T.per pallet. The Company is, without obligation, prepared to assist the Customer in this by collecting empty pallets when subsequent deliveries are made.
1.1 These Conditions are the only conditions that upon which Granfix
Products Limited (“the company”) is prepared to deal with its customer
(“the customer”) and they shall govern the contract to the entire
exclusion of any other express or implied conditions.
1.2 These Conditions may only be modified by a variation in writing on
behalf of the Company by a Director and no other action on the part of
the Company (whether delivery of the goods or otherwise) shall be
construed as an acceptance of any other conditions.
1.3 These Conditions (as modified in accordance with paragraph 1.2 and
together with any matters referred to on the face of the Company’s
quotation and/or acceptance of order) embody the entire understanding
of the parties and supersede any prior promises, representations,
undertakings or implications..
2 PERFORMANCE
2.1 As site conditions vary and are beyond the Company’s control, the
Company’s liabilities for the performance of the goods are limited. The
Customer must satisfy itself by appropriate trials that the goods are
suitable for the intended use and ensure that the instructions on any
labels, data sheets or COSHH sheets are strictly complied with.
2.2 The Company warrants only that the goods shall at the time of delivery
be free from defects in workmanship and materials. If any goods do not
conform to this warranty, the Company will at its opinion:-
replace any goods found not to conform to the warranty
take such steps, as the Company deems necessary to bring the goods
into a state where they are free from such defects, or
take back the goods found not to conform to the warranty and refund
the appropriate part of the purchase price.
2.3 Provided that the liability of the Company shall in no event exceed the
purchased price of the goods, and performance of any one of the above
options shall constitute an entire discharge of the Company’s liability
under this warrant.
2.4 The foregoing warranty is conditional upon:-
the Customer giving written notice to the Company of the alleged
defect in the goods such as notice to be received by the Company
within seven days of the time when the Customer discovers or ought to
have discovered the defect and in any event within three months of the
delivery of the goods and
the Customer affording the Company a reasonable opportunity to
inspect the goods and, if so requested by the Company, returning the
allegedly defective goods to the Company’s works, carriage prepaid, for
the inspection to take place.
2.5 Save as provided in Condition 2.2 Section 2 (1) of the Unfair Contracts
Act 1977 and Section 12 of the Sale of Goods Act 1979.
all conditions and warranties, express or implied, as to the quality or
fitness for any purpose of the goods are hereby expressly excluded: and
the Company shall be under no liability for any loss or damage
(whether direct, indirect or consequential) howsoever arising which may
be suffered by the Customer.
2.6 In the event that notwithstanding the foregoing provisions of this Condition, the Company is found liable for any loss or damage suffered by the Customer, that the liability shall in no event exceed the purchase price of the goods.
2.7 The foregoing provisions of this Condition shall not apply to sales which are made to persons who deal as consumers (as that expression is
defined in Section 12 of the Unfair Contract Terms Act 1977), unless
the contract is an international supply contract (as described in Section
26 of the Act).
3 VARIATION IN PRICE
3.1 Unless the Quotation specifies a fixed price the price for products will be the Company’s list price last published on the date of invoice subject to such discounts as may be specifically agreed by the Company.
3.2 The contract price is exclusive of value added tax or any similar taxes, levies or duties, which will be added to or charged on invoices at the appropriate rates.
4 PAYMENTS
4.1 Unless otherwise agreed in writing, the Customer shall pay for the goods within 30 days of the date upon the Company’s invoice is dispatched to the Customer.
4.2 If any part of the payment is to be made hereunder by the Customer to the Company is overdue, interest will be chargeable thereon as well after as before judgement on a day to day basis at an annual rate of 15% until the sum is paid.
4.3 Where any sum owed by the Customer to the Company under this or any other contract is overdue the Company may withhold any deliveries of goods due to be made under this contract until arrangements as to payment or credit have been established which are satisfactory to the Company.
5 DELIVERY
5.1 Unless otherwise stated, the Company’s prices include delivery to any
part of the United Kingdom.
5.2 The periods quoted for delivery are indications only and bear no undertaking on the part of the Company unless a fixed date is expressly agreed.
5.3 The Company will use reasonable endeavours to effect delivery on agreed dates but will not be liable for any loss or damage occasioned by delay.
5.4 Under no circumstances shall the Customer refuse to accept goods on the grounds of delay in delivery.
5.5 If the Customer being a company shall pass a resolution
or suffer an order of a court to be made for its winding-up, or if a receiver shall be appointed, or if a petition for the appointment of an administrator shall be presented in respect of it, or being an individual or partnership shall suspend payment or propose to enter into any composition with creditors or become unable to pay its debts (or have no reasonable prospect of doing so) or suffer a bankruptcy order, then the Company may without prejudice to any other right rescind the contract or suspend or cancel delivery or recover the possession of any goods for which payment in full has not been received.
5.6 Any pallets used in deliveries remain the property of the
Company and it shall be the responsibility of the Customer to return these to the Company or to pay £20 plus V.A.T.per pallet. The Company is, without obligation, prepared to assist the Customer in this by collecting empty pallets when subsequent deliveries are made.
Granfix Terms and Conditions