TERMS AND CONDITIONS OF SALE
(Supply and installation)
In these Terms of Business, unless the context requires otherwise:
1.1 “Buyer” means the person who buys or agrees to buy the goods from the Seller and where applicable for whom the goods are fitted by the Seller.
1.2 “Terms” means terms of sale set out in this document and any special terms and conditions specifically agreed in writing by the Seller.
1.3 “Delivery date” means the date given by the Seller when the goods are to be delivered or the start date for the fitting of the goods.
1.4 “Goods” means the articles which the Buyer agrees to buy from the Seller.
1.5 “Price” means the price for the goods inclusive of value added tax. If the rate of tax increases between the date of any quotation and the date of supply, the price shall be
1.6 “Seller” means Paul Rowles Ltd, Unit 2, Station Close, Daventry, NN11 4FJ.
- Terms Applicable
2.1 These terms 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 including any terms or 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 Terms.
2.3 Acceptance by the Seller of an order shall result in a contract for the Sale of the Goods and fitting where specified which the subject of such order are.
2.4 Any variation to these Terms (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
- Price and Payment
3.1 The Price shall be the Seller’s quoted price or if there is no quotation, the Seller’s normal price.
3.2 Payment must be made as follows:
3.2.1 50% of the price (deposit) at the time of placing the order.
3.2.2 50% (remainder) due on delivery (if no fitting is required)
3.2.3 If fitting is required the remainder less fitting is due on delivery with fitting to be paid on completion.
3.3 In all circumstances payment of the Price within 14 days of the date of invoice.
3.4 Any part payment not received in full at the appropriate time will be deemed a breach of these Terms entitling the Seller to delay carrying out any further work and to be paid in full before re-starting the work.
3.5 The price given or quoted for any Goods or materials is based on the amount charged by the manufacturers of such Goods or materials at the time when the Price was
quoted or in the absence of a quotation when the Price was agreed. In the event of the Price charged by the manufacturers being increased or reduced the Seller reserves
the right to make a corresponding increase or reduction in the Price charged to the Buyer.
3.6 If any Goods supplied are subject to any additional tax or surcharge of any kind not included in the price then the Seller shall be entitled to increase the Price accordingly.
3.7 Interest on any overdue instalment or outstanding invoice shall accrue from the date when the payment becomes due from day to day until the date of payment at the
rate of 4% above National Westminster Bank PLC base rate from time to time in force and shall accrue at such rate after as well as before any judgement.
3.8 Payments made by Credit cards are subject to a 3% surcharge.
4.1 Warranties and Liabilities
4.1 No specific warranty is given by the Seller beyond the manufacturers warranties unless an additional warranty is given by special arrangement between the Seller and the
Buyer and recorded by the Seller in writing.
4.2 All other warranties conditions or terms relating to fitness for purpose, quality or condition of Goods, whether express or implied by statute or common law or otherwise
are excluded to the fullest extent permitted by the law.
4.3 The Seller shall not under no liability whatever to the Buyer for any indirect loss and/or expense suffered by the Buyer arising out of a breach by the Seller of the Terms.
- Delivery of Goods and Delivery Date
5.1 Delivery of the Goods shall be made to the Buyers address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date on the giving of reasonable
notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are intended for delivery in advance of fitting.
5.2 The Delivery Date is given by the Seller in good faith but shall be treated by the Buyer as an estimated date and may be subject to reasonable variation in the absolute
discretion of the Seller.
5.3.1 If the Buyer delays delivery of the Goods (whether for fitting or otherwise) on giving less than 4 week’s notice to the Seller, the Buyer shall pay for the Goods on the original date of agreed delivery. The Seller will endeavour to rearrange delivery however there will be a £2,000 installation charge in addition to the original quoted Price
5.3.2 If the Buyer delays delivery and installation of the Goods with less than 14 day’s notice, the Buyer will be liable for payment of Goods on the original date of agreed delivery plus a £2,000 installation charge in addition to the original quoted Price. The Seller will be unable to keep the Goods in store and alternative storage will need to be arranged by the Buyer.
- Title and Risk
Ownership of the Goods shall not pass to the Buyer until they are fully paid for by the risk in the Goods shall be borne by the Buyer from the Date of Delivery by the Seller
or its agents to the Buyer.
The Seller may licence or subcontract all or any part of its rights and obligations for the fitting of the Goods without the Buyer’s consent.
- Force Majeure Clause
The Seller shall not be liable for any default due to any Act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, delay in delivery by
manufacturers, fire, flood, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstances beyond the
reasonable control of the Seller.
- Contracts (Rights of Third Parties) Act 1999
Nothing in these Terms confers or is intended to confer on any third party any benefit or the right to enforce any provision in these terms pursuant to the Contracts (Rights
of Third Parties) Act 1999.
10.1 All notices shall be in writing and shall be validly given or made if given or served by personal delivery or sent by prepaid registered or recorded delivery mail to the other
10.2 Notices sent by pre-registered or recorded delivery mail shall be deemed to be received on the second working day after the date of posting unless they are proved to
have been received later in which case they shall be treated as given or served on receipt.
- Proper Law
These Terms are subject to the law of England and Wales.
Paul Rowles Kitchens Ltd
Showroom: Unit 2, Station Close, Daventry, NORTHANTS, NN11 4FJ
VAT Registration Number 150826030