The parties are Environmental & Technical Services Limited hereinafter called the Company of the one part and all those who enter into contractual relationships with the Company to include both contractors and customers who are collectively in these conditions referred to as the Customer.
These conditions shall apply as from the date when an order is placed and accepted with or by the Company.
Prices are subject to change without notice. Delivery charges and other expenses incurred by the Company may be added to the invoice together with VAT.
Split deliveries as to time or destination are liable to surcharge.
Prices charged will be at the prices ruling at the time of dispatch.
VAT will be charged at the rate ruling at the date of supply.
Delivery shall take place when goods are off-loaded from the delivering vehicle at destinations selected by the customer. At the time all risks in respect of loss or damage (including unloading and subsequent storage) and any consequential loss shall be assumed by the Customer.
No liability will attach to the Company for failure to meet delivery dates.
Title to goods supplied by the Company shall only pass to the Customer after full payment has been made to the Company.
In so far as the Customer sells goods supplied b the Company prior to payment, therefore, in the normal course of business, the Customer shall until payment is made hold the proceeds of the sale and pursue claims as necessary upon trust for the Company.
Until full payment for the goods has been made, the Company has the right to take possession of the goods (and for this purpose the Customer authorises the Company to enter its premises and agrees to store the products in such a way that they are readily identifiable as the property of the Customer) without notice in addition to any other legal remedy.
Goods returned at the Customer's request not on the Company's own vehicle, shall be at the Customer's own risk regarding insurance for a value not less than the full invoice price.
Specifically ordered or non-stock items are not returnable.
Costs of collection and re-delivery of replacement items will be met by the Customer unless attributable to the negligence of the Company.
Only goods returned in saleable condition can be accepted for credit.
The Company reserves the right to levy a restocking and handling charge not exceeding 15% of net goods value.
All returns must be sanctioned by the Company prior to goods being brought back.
Any claims in respect of alleged shortages or damage must be notified to the Company in writing within three days of delivery. Evident damage to external packing must be the subject of an endorsement on the Company's delivery note at the time of delivery.
Payment shall be made to the Company by the last day of the month following the date of the invoice. Failure to observe this strict rule may result in the cancellation of credit facilities. Terms of settlement discount are endorsed on invoices for the Customer's benefit.
In the event of non-payment within the time stipulated, a charge of 2% per month of the invoice price, will be due from the Customer from the date when the payment was due until the date of actual payment.
The Company shall be under no obligation to make any delivery if the customer is in breach of any of these conditions of trading.
Special prompt payment discounts are available, details of which can be quoted on request.
The Company reserved the right to vary deliveries as it may deem necessary having regard to availability of supplies and changes in manufacturer's specification.
Each delivery of goods to the Customer shall constitute a separate contract to which these conditions shall be applied.
These terms and conditions shall on the placing of an order by a customer constitute the entire contract between the Company and that Customer, and the customer agrees that no oral representation or other documents have induced him to enter into the contract or form any part thereof.
The contract shall be governed by the Law of England and the Customer hereby agrees to submit to the jurisdiction of the courts at Hertford to which all disputes hereunder shall be referred.
No liability shall rest with the Company in respect of failure to deliver arising from shortage of supplies, industrial action, force majeure or any circumstances beyond its control.
These conditions are to be read in conjunction with and subject to the Customer's statutory rights.
The legal liability of the Company for injury or damage caused to third parties is limited to £10,000,000.
The Company accepts no liability for:
consequential loss of any description;
loss or penalties suffered by the customer for products failing to reach the required quality or specification due to circumstances beyond the Company's control;
any advice or design provided for the Customer, unless the same is in writing on the Company's headed paper following receipt of a written specification from the Customer. The Customer must check and confirm that details of materials estimated by the Company are correct and no responsibility can be taken by the Company for errors in quantities provided by the Company. Manufacturers specifications and product details will be supplied at the request of the Customer but the Company will accept no liability for errors or mis-statements contained therein.
In all circumstances, the Customer should be satisfied that the products required and ordered meet the intended use. The Company accepts no responsibility for goods ordered by the Customer which prove unsuitable due to:
the negligence of the Customer;
failure by the Customer to make clear to the Company the precise purpose for which the goods were required, or
failure to take proper professional advise as to the materials required.
Credit facilities may be provided on request and a maximum credit limit will be set by the Company. If the Customer is a limited company, its Directors will upon entering into an agreement for credit facilities (whether orally or in writing) accept personal liability on behalf of the Customer regarding payment for goods supplied by the Company to the Customer.