Conditions of Sale & Guarantees

1. Acceptance of Order – Orders are accepted only upon & subject of Seller’s Conditions of Sale, The seller being - Fitters Rates Ltd.

2. Delivery – Any date named by the Seller for the despatch or delivery is given & intended as an estimate only & is not to be of the essence of the Contract. The buyer shall nevertheless be bound to accept the goods ordered whether available on or after the date stated. The Seller shall not be liable in way in respect of late despatch of delivery however caused nor shall such failure to despatch be deemed to be a breach of the Contract.

Where drawings, specifications, instructions & materials are to be supplied by the Buyer, the Buyer shall supply the same in reasonable time to enable the Seller to despatch within the period named. The seller shall not accept responsibility for any delay or inconvenience caused due to the matter. Seller to despatch within the period named. The Seller shall not accept responsibility for any delay or inconvenience caused due to this matter.

3. Non-Delivery –No Claim for non-delivery can be entertained unless the Buyer notifies the Seller in writing within seven days of the Invoice date.

4. Prices – Unless otherwise stated, orders are accepted only on condition that the goods will be invoiced at the price ruling at the date of supply. Any adjustments to orders must be made by the Buyer prior to the completion of the Buyer’s original order. Full specification must be made in writing by recorded delivery or fax. The seller has the right to alter the price in order to cover any additional costs incurred.

5. Terms of Business – Cancellation of orders or reinstating of orders must be made in writing by recorded delivery or fax. Receipt of fax cancellations must be confirmed in writing by the Seller before this is deemed accepted. Orders cancelled within seven days of the proposed delivery date shall result in 80% of the purchase price being payable by the Buyer. However, should the Buyer wish to reinstate the original order, the original value shall become payable plus any additional costs incurred.

a. Payments are strictly C.O.D. unless otherwise agreed by the Seller with written confirmation.

b. Monies outstanding beyond the Seller’s normal or agreed credit terms may incur additional legal costs.

c. Invoices outstanding beyond the Sellers’s standard or agreed payment terms shall result in the outstanding account being charged with 3% interest per month & at the same rate per month thereafter to the date of payment.

d. All goods delivered to the Buyer shall remain in the legal & beneficial ownership of the Seller until all sums due from the Buyer to the Seller under this or any other contract have been paid in full & prior to such payment in full the Buyer shall hold all such goods separately from any other goods in the

Buyers possession, mark them clearly with the name & address of the Seller & the fact that they are owned by the Seller & deliver them up to the Seller or its representatives on demand.

e. Discounts agreed, are subject to full adherence to the Conditions of Sale. Breach of any abiding clauses shall result in the discounts being revoked & the full gross amount being paid

IN FULL WITH EXCLUSION OF DISCOUNTS.

6. Defective/Damaged Goods – No claim against the Seller for goods represented by the Buyer to be defective from whatever cause, or not to conform to the contract cannot be entertained, & the Seller shall incur no liability in respect thereof, unless receipt by the Seller in writing, via recorded delivery as soon as reasonably practical after the date of receipt of the defective goods.

7. Limit of Liability – In the event of any claim against the Seller, in respect of any matter whatsoever, the Seller’s liability (if any) shall be limited to the replacement of the goods sold in respect of which the liability arises if required & practical or the Buyer shall be given credit for the Invoice value of the respect of which liability arises, under no circumstances = whatsoever shall the Seller be liable for any consequential loss of property other than stated herein whosoever & whatsoever arising.
Any express or implied conditions statement, warranty statutory or otherwise are hereby excluded save when such exclusions are invalidated by statute. No claim by the Buyer shall be accepted as a reason for cancellation for the rest of the order the Seller, on receipt of the Buyers order, will return by fax or post the manufacturing details for the Buyer’s inspection. The Seller will manufacture the Buyer’s order as per manufacturing details, unless notified by the Buyer of any discrepancies within 48 hours. Notification must be in writing and sent recorded delivery.

8. Right to Inspect – In the event of the Buyer making a claim against the Seller for any reason whatsoever, the goods in respect of which any such claim is made shall be preserved intact where delivered for a period of seven days from the notification of the claim to the Seller within which time the Seller shall have the right to attend at the place where the goods were delivered to investigate the complaint. No claim by the Buyer will be accepted unless this condition is strictly complied with.

9. Instalment Deliveries - The Seller may at his discretion make part deliveries & each deliver shall constitute a separate order for the purpose of payment.

10. Design Changes – The Seller reserves the right to effect design changes as technical development may require without prior notice.

11. Specifications Provided by the Buyer – The Buyer shall indemnify the Seller against any & all liability arising through execution by the Seller of any order placed by a Buyer in accordance with the Buyer’s specifications where such execution infringes any patent, mark or registered design, not owned by the Buyer of the Seller.

12. Risk Property & Insurance – Goods supplied by the Seller shall be at the Buyer’s risk immediately on delivery to the Buyer or into custody on the Buyer’s behalf (whichever is sooner) & the Buyer should therefore arrange insurance accordingly unless the Seller specifically agreed to arrange insurance of goods.

a. The property of the goods supplied by the Seller will pass to the Buyer when (a) the goods the subject of this Contract and (b) all other goods which are subject of any Contract between the Seller and the Buyer which have been delivered to the Buyer have been paid in full.

b. In the event that the Buyer resells goods supplied by the Seller prior to
the passing of the property therein to the Buyer, such resale shall be effected by the Buyer as bailee for the Seller & the proceeds of any such resale shall be receivable by the Buyer for & on behalf of the Seller unless all debts owing to the Seller by the Buyer in respect of goods supplied by the Seller have been paid in full.

13. Value Added Tax – VAT will be charged at the rate applicable at the time of despatch. The VAT amount invoiced is calculated to a discount total charge amount & is at all times strictly NETT.

14. Guarantees –

1. Any guarantee hereby given shall not be re-assigned without Seller’s prior written consent.
a. Any guarantee hereby given is strictly subject to the condition upon the full observance of & compliance with these Conditions of Sale & shall
further unless otherwise specified, be subject to the limitation restrictions & other matters contained in these Conditions of Sale.
b. No Liability shall attract to the Seller under any such guarantee where any damage, defect or loss is due or arises out of the misuse,
mishandling or incorrect maintenance of the items in question by the Buyer.
c. All visible defects in the item supplied & subject to the guarantee under the clause 14 must be notified to the Seller within 5 days of supply
2. Subject as herein provided, the Seller hereby guarantees the following material & matters against specified defects are for the specified time limits
only. The time limits run from the day of delivery of the items in question.
a. Profile: any profile whether PVCu of Aluminium is guaranteed for a period of ten years only (or such shorter time as shall be guaranteed by the
profile manufacturer to the Seller) against defects arising from weathering and/or light in accordance with BGS7413.
b. All workmanship of fabricated products carries a twelve month guarantee.
c. All other components carry a twelve month guarantee against defects arising provided the same are subject to normal usage.
d. Sealed units are guaranteed for a period of five years only against breakdown of the unit by condensation.

15. Proper Law of Contract – This contract is subject to the laws of England & Wales.