Samuel Grant (Leeds) Limited Registered Office: Unit 1, Orion Way, Cross Green, Leeds LS9 OAR Registered in England No. 02708462
Samuel Grant (Sheffield) Limited Registered Office: 2 Cowley Way, Smithywood Business Park, Sheffield S35 1QP Registered in England No. 01784435
Samuel Grant (North East) Limited Registered Office: Unit B, Viking Industrial Park, Rolling Mill Road, Jarrow NE32 3DP Registered in England No. 01845857
Samuel Grant (North West) Limited Registered Office: Unit One, Second Ave,
Poynton Industrial Estate, Poynton, Cheshire, SK12 1ND Registered in England No. 01626502
DEFINITIONS:
‘The Company’ shall mean any one, of the companies named above. ‘The Customer’ shall mean the person buying the goods. ‘The Goods’ shall mean the goods, materials or services to be supplied by the Company to the Customer under the contract between them.
CONTRACT:
All Orders are accepted subject to these terms and conditions.
QUOTATIONS:
Quotations indicate the price at which the Company would be willing to supply goods if a written order is placed within 30 days. Otherwise they are not offers to supply goods and any order placed on the basis of quotation must be accepted by the Company for a contract to arise.
PRICES:
Prices quoted are exclusive of VAT or other taxes and are subject to increase as set out below.
(i) The Company shall not be bound by any price quoted which is not in writing.
(ii) Where any price is not agreed in writing the price will be such reasonable price as the Company may determine.
(iii) Unless otherwise expressly stated in writing any price agreed in a contract for the sale of goods shall be the price of the goods delivered to the Customer
at the Customer’s premises and delivery of the goods to any other place shall be at the expense of the Customer.
(iv) If after the date of the contract but before delivery to the Customer there shall be an increase in the price (exclusive of any appropriate taxes) at which
the Company can obtain any goods, parts or materials which it considers necessary or desirable to incur then the Company shall be entitled from time to
time to increase the price of any goods which it has agreed to sell or any materials which it has agreed to supply by such amount as it shall consider
reasonable and such increased price shall be substituted for the previous contract price.
(v) Where an order is received for a quantity less than quoted for or where delivery is required in instalments smaller than those specified in the quotation
prices quoted may be subject to an increase.
PAYMENT:
For goods delivered in the UK payment is nett monthly by the end of the month after the month in which the goods are invoiced.
QUANTITY:
The weights, dimensions, capacities, performances, ratings and other date included in catalogues, advertisements, illustrated matter and price lists merely constitute an approximate guide. They do not form part of any contract unless expressly set out in the acknowledgement of order form and stated therein to be accurate. Delivery of the quantity ordered, 10% more or less, shall be a good delivery, a pro rata charge allowance at the quoted price being made to cover any such variation.
INSTALMENTS:
Where goods are ordered for delivery by instalments, each instalment shall be deemed to be a separate contract, but all payments shall be made on the due date pursuant to Clause 5 hereof as a condition precedent to future deliveries.
WARRANTY:
The Company warrants that the goods shall comply with the Company’s specification for the goods in question as current from time to time. The Company does not warrant the fitness of the goods for any particular purpose even though that purpose be known to it and no such warranty is to be implied from the name or description under which the goods are sold. Subject as aforesaid all warranties, conditions and statements, express or implied, statutory otherwise, are excluded and the Company shall under no liability in contract or tort for any damage rising directly or indirectly out of the supply or use of the goods or of the packages or pallets or containers by which the goods are delivered.
THE CUSTOMER WARRANTS:
(i) That he will carefully examine and test all goods and parts supplied by the Company or to which any work has been done by the Company and will notify
the Company in writing of any shortage, defect or failure to comply with the contract which is or ought to be apparent upon such examination and test,
within 48 hours of their being collected by or delivered to him.
(ii) That he will notify the Company in writing within 48 hours of becoming aware of any defect or other failure to comply with the contract which was not
apparent on such examination as aforesaid.
(iii) That he will forthwith notify the Company should any goods fail to arrive within 7 days of being despatched, the date of despatch to be taken as that
shown on the invoice given or sent to the Customer, 7 days after receipt of such invoice if later.
DELIVERY:
(i) The time quoted for the delivery of the goods shall not be of the essence of the contract and the Company shall not be liable for any loss, injury, damage or expenses consequent upon any delay in delivery of the goods.
(ii) Should the Company be delayed in or prevented from making delivery of the goods due to war, strikes, lock-outs, fire, floods, explosions, labour disturbances, trade disputes or shortages of raw material or due to any other cause whatsoever beyond the control of the Company the Company shall be at liberty to cancel or suspend the order without incurring any liability for any loss or damage arising therefrom.
RISK:
Unless otherwise provided or referred to in the acknowledgement of order form upon delivery of the goods as provided in Clause 4(iv) of this contract, such goods shall be at the Customer’s sole risk.
PASSING OF PROPERTY:
(i) Goods sold will remain the property of the Company until all sums due to the Company from the Customer whether in respect of the goods or otherwise
are paid to the Company. In the event of any default by the Customer in payment of any such sum the Company shall be entitled to retain possession of
the goods.
(ii) The Customer shall be entitled or agent of the Company before the property in the goods has passed (but subject to any lien or right of retention on the
part of the Company)
(a)To re-sell the goods or a part thereof but shall pay to the Company the proceeds or sale of such part thereof as may be necessary to pay all sums due to the Company from the Customer and until such payment shall hold the proceeds of sale on trust for the Company;
(b)To use the goods in the ordinary course of his business.
(iii) Until all sums due from the Customer to the Company have been paid or until resale in accordance with sub-paragraph 12(ii) the Customer will keep and mark the goods in such a way as to show that they are the property of the Company and shall hold the same as bailee of the Company. Should the goods become constituents of or converted into other goods then such other goods shall at all times be the property of the Company as if they were the Company’s original goods.
REPUDIATION:
If the Customer shall fail to take delivery or to pay for any goods supplied in accordance with the contract the Company shall be at liberty to treat the contract as repudiated without prejudice to the Company’s rights to recover from the Customer by way of damages any loss or expense which the Company may suffer or incur by reason of the Customer’s default and the Company shall be entitled to dispose of the goods as it shall think fit and shall not be under any liability to account to the Customer for the price received therefor or otherwise.
TERMINATION:
The Company shall have the right to terminate the contract at any time upon occurrence of any of the following events:
(i) If the Customer commits any act of bankruptcy or compounds or makes any arrangements with his creditors or executes a Bill of Sale on his goods or
any of them or if any execution or distress is levied upon the goods of the Customer.
(ii) If the Customer being a Company is wound up either compulsorily or voluntarily or a receiver of its assets is appointed.
(iii) If the Customer commits any breach of contract.
Upon any such termination the Company shall have the right to be paid the price of goods manufactured or sold prior to the date of termination and the Customer shall take over and pay for at the current price such materials as have been allocated by the Company to the contract.
PROPER LAW:
The proper law of all contracts with the Company shall be English Law which shall govern in all respects the construction and effect of such contracts and of these conditions.
