All goods supplied by us are sole only upon the following conditions. The placing of an order for any such goods, or the Acceptance of our quotation or tender or of delivery of the goods, includes acceptance of the following conditions. Unless expressly agreed by us in writing, any other terms or conditions (including any which may be contained in your order) are excluded. Unless expressly incorporated in our quotation or tender, all descriptions, illustrations, drawings, dimensions, weights, measures, specifications, standards of performance, or other descriptive matter or precontractural statements are approximate only and shall not form part of the contract. Our record of any order placed by you verbally shall be conclusive as to the type of quantity of produce and the point and date of delivery.
Unless previously withdrawn, our quotation is open for acceptance within the period stated therein or, when no period is stated, within 30 days after its date, and is subject to written confirmation by us at the time of acceptance. All goods are offered subject to their being available upon receipt of order.
Unless otherwise specified, the price quoted includes delivery to any premises specified by you within our vehicle delivery area, full details of which are available on request. The risk in all goods passes to you when they first enter those premises or are placed in store under clause 5. We reserve the right to choose the method of transport, to charge for deliveries outside or vehicle delivery area, and to charge you with all manufacturers carriage charges for special items.
Any times quoted for delivery are to date from receipt by us of your written order and all necessary information to enable us to put the work in hand.
If we do not receive sufficient forwarding instructions, within 14 days after notification that the goods are ready for dispatch, you will either take delivery or arrange for storage. Otherwise we shall be entitled to arrange storage on your behalf and at your risk, either at our own works (making a charge of 5% of the invoice value of the goods per month) or elsewhere; we shall also be entitled to payment as if the goods have been duly delivered. All charges for storage, insurance or damage will be payable by you.
Unless you give use written notice within 7 days from the date of delivery that the goods are not in conformity with the contract, you are deemed to have accepted the goods.
Notwithstanding delivery, all goods supplied by us will remain our absolute property until you pay in full for them and for all other goods previously supplied by us. You will store the goods in such a way that they are readily identifiable as our property, but you may, as trustees for us, sell them to a third party in the normal course of your business. Upon any sale by you of the goods (either alone or with other items) all rights which you have against the buyer shall automatically vest in us. We shall be entitled, immediately, after giving notice of our intention of repossess, to enter upon any premises with such transport as may be necessary and repossess any goods to which we have title under this clause.
Any shortage or damage must be clearly stated upon the drivers delivery sheet and a written statement of the facts received at our premises and by the carrier (if not ourselves) within 3 days after the date of delivery, otherwise no claim will be entertained. The package and contents should be retained for examination.
Written notice of a non-delivery must be received at our premises within 7 days after the date of invoice. Time is of the essence of this clause. Our liability in respect of any claim accepted under this clause is limited to making up the shortage or replacing any goods proved to have been damaged or lost in transit to the point of delivery, and we accept no liability for any loss or damage suffered by you, whether direct or consequential and howsoever arising.
Crates, cases, pallets, stillages or skids or other returnable packaging are not included in the quoted price, and will be charged at current rates. You will, however, be credited with the amount charged when it is returned to us in good condition with the amount charged when it is returned to us in good condition within 14 days of the date of our invoice. Cable drums will be charge in accordance with the makers’ drum schedules.