Concrete Canvas Ltd’s Terms and Conditions of Sale can be found on this page.
CONCRETE CANVAS LTD TERMS AND CONDITIONS OF SALE
1.1 Buyer means the person who buys or agrees to buy the Goods from the Seller.
1.2 Conditions means the terms and conditions set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 Delivery Date means the date specified by the Seller when the Goods are to be delivered.
1.4 Goods means the articles which the Buyer agrees to buy from the Seller.
1.5 Price means the price for the Goods excluding carriage, packing and VAT.
1.6 Seller means Concrete Canvas Limited.
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. THE PRICE AND PAYMENT
3.1 The price of the Goods shall be the Seller’s quoted price which shall be binding on the Seller provided that the Buyer shall accept the Seller’s quotation within 3 days. The Seller by giving notice to the Buyer at any time up to 7 days before delivery may increase the Price of the Goods to reflect any increase in the cost of the Seller which is due to factors occurring after the making of the contract of sale which are beyond the reasonable control of the Seller (including without limitation, foreign exchange fluctuations, taxes and duties, and the cost of labour, materials and other manufacturing costs) provided that the Buyer may cancel the contract within 7 days of any such notice from the Seller. The Price is exclusive of VAT which shall be due at the rate ruling at the date of the VAT invoice.
3.2 Payment of the Price and VAT shall be due on the last working day of the month following the month in which the Goods are delivered unless otherwise stipulated in the Sellers written quotation. Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% above Lloyds TSB base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
3.4 If the Buyer fails to make payment on the due date then without prejudice to any of the Seller’s other rights the Seller may:
3.4.1 suspend or cancel deliveries of any article due to the Buyer; and/or
3.4.2 appropriate any payment made by the Buyer to such if the Goods (or Goods supplied under any other contract with the Buyer) as the Seller in its sole discretion may think fit.
3.5 Payments shall be made in Sterling unless the Seller’s written quotation specifies otherwise. Quotations in currency other than Sterling are based on the rate of exchange at the time of quoting and unless otherwise stated in the quotation will be subject to revision up or down if any different rate of exchange is ruling at the date of order acknowledgement is despatched.
4. THE GOODS
4.1 The quantity and description of the Goods shall be as set out in the Seller’s quotation.
4.2 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that:
4.2.1 such a discrepancy in quantity shall not exceed 10%
4.2.2 the Price shall be adjusted pro rata to the discrepancy
4.3 The Seller reserves the right to alter or change the specification of the Goods within reasonable limits having regard to the type and nature of the Goods. Dimensions stated by the Seller are approximate unless the Buyer has set out in the Conditions that the dimensions should comply with precise tolerances.
5. SAMPLES AND DESCRIPTIONS
5.1 The provision by the Seller of samples for analysis by the Buyer or the inspection of samples by the Buyer will not render any sale a sale by sample.
5.2 No guarantee or warranty is given that the Goods will correspond exactly to the description of sample and the use of a description or sample will not constitute the contract of a sale by description or sample or a sale by sample and description.
6. WARRANTIES AND LIABILITY
6.1 Without prejudice to Clause 2.4, other than those specific warrantees issued by the Seller for a specified application or specified in a valid written contract between the Buyer and Seller, no condition is made or implied nor is any warranty given or to be implied as to the quality condition or fitness of the Goods or that they will be suitable for any particular purpose or for use under any specific conditions notwithstanding that such purpose or conditions may be known or made known to the Seller and any such conditions implied by statute custom of the trade or otherwise are hereby excluded. The Buyer must satisfy itself that the Goods are suitable for any product or application for which they are to be used before the Goods are incorporated in such product or application.
7. DELIVERY OF THE GOODS
7.1 Unless otherwise agreed delivery of the Goods shall be made to the Buyer’s address on the delivery date. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.2 The Seller may deliver the Goods by separate instalments in accordance with the agreed delivery schedule. Each separate instalment shall be invoiced and paid for in accordance with the provisions of these conditions. The failure of the Seller to deliver any one or more of the said instalments on the due date shall not entitle the Buyer to treat the contract as repudiated. The failure of the Buyer to pay for any one or more of the said instalments on the due date shall entitle the Seller (at the sole option of the Seller):
7.2.1 without notice to suspend further deliveries of the Goods pending payment by the Buyer; and/or 7.2.2 to treat the contract as repudiated by the Buyer.
7.3 The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all. Dates of delivery are approximate only and shall under no circumstances be essential terms of any contract. A delay in delivery including delivery later than the date or dates in the Sellers written quotation shall not constitute a breach of contract and shall not entitle the Buyer to avoid the contract or to any other remedy unless the Seller has guaranteed the date of delivery in a written warranty which expressly modifies the provisions of the Conditions . In particular, the Seller is not responsible for any loss or damage or expense caused by delay in Deliveries or failure to deliver as a result of strikes, lock outs, penalty clauses, fire, the elements, war, civil commotion, industrial disputes, shortages of material or fuel, notwithstanding that the Seller has taken all reasonable steps to procure the same, shortage of labour, breakdown or partial failure of plant or machinery, late receipt of the Buyer’s specifications or other necessary information, acts, orders, or regulations of governments, decisions or directives of the Commission of the European Union, delay on the part of any subcontractor or supplier or any cause whatsoever beyond the reasonable control of the Seller and in such circumstances, notwithstanding any warranty given by the Seller modifying the provisions herein the time for Delivery of the goods shall be extended for a reasonable period having regard to the cause of the delay.
7.4 If the Seller so agrees the Goods may be collected from the Seller’s premises by the Buyer. In such event, when the Buyer is notified that the Goods are ready for collection, the Buyer shall collect the Goods without delay. If the Goods are not collected by the Buyer within 3 days of being so notified the Seller may despatch the Goods itself at the Buyers expense and risk or store them at the expense and risk of the Buyer.
7.5 The Seller reserves the right to charge the Buyer any costs, charges or expenses incurred by the Seller as a result of vehicle or wagon detention or demurrage of ships in consequence of any act or omission of the Buyer, its servants or agents or as a result of special requirements or stipulations of the Buyer not provided for in the contract.
7.6 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that the delivery shall be tendered at any time within three months of the Delivery Date.
8. ACCEPTANCE OF THE GOODS
8.1 The Buyer shall inspect the Goods on delivery and shall within 3 days of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or sample. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.