TERMS AND CONDITIONS OF TRADING
1. GENERAL TERMS
I. These terms and conditions
shall apply to all transactions between Solopark PLC and the Customer.
No variation of these terms shall be effective unless made in writing
and signed by an authorised officer of the Company; at the request
of the Customer the Company will verify whether a named individual
has the requisite authority. Unless otherwise so agreed in writing
these conditions shall prevail over any inconsistent terms implied
by law or trade custom, practice or course of dealing or contained
in the Customer's terms of trading and any such inconsistent terms
are hereby expressly excluded.
II. These conditions do not affect
the statutory rights of consumers under the Sale of Goods Act 1979
or any other relevant legislation.
III. Save as is properly and lawfully
excluded or varied by the conditions below the Sale of Goods Act
1979 shall form the basis of any contract between the Company and
2. SALES BY DESCRIPTION
The Customer must accept sole responsibility for the suitability
of goods ordered from the Company. Whilst the majority of the Company's
materials are second-hand and are of uncertain age and origin, the
Company undertakes to make every effort to provide Customers with
an accurate description of the goods being offered for sale. Any illustrations or descriptions
given in brochures or trade literature must be considered as showing
type or class only, without warranty as to substance, performance,
colour, size or shape.
The Company will not normally quote a fixed price and the Company
reserves the right to change prices and terms of business at any
time without prior notice. The prices quoted are applicable to the
quantity specified and in the event of an order being placed for
an amount different to the quantity specified, then a variation
in price shall be made accordingly. All prices quoted by the Company
are inclusive of Value Added Tax. The CompanyÕs costs (including
storage charges, if any) due to the CustomerÕs neglect or default
or lack of instructions, shall be paid by the Customer in addition
to the Contract price. The Company reserves the right to vary any
Contract price whether in respect of the sale and/or installation
at any time to take account of:
I. Any increase in the cost price
of the goods taking effect before despatch by the Company;
II. Any alteration made in the
specification upon which the Contract is based;
III. Any costs for waiting time
or other expenses incurred by the Company as a result of matters
beyond its control;
IV. Special deliveries or part-deliveries
of any other variation of the original order made at the request
of the Customer;
V. Any additional work which is
required by any aspect of the state or condition of the place of
delivery unless the Company was aware of such aspect when its quotation
Payment is to be made to the Company upon collection or prior to
delivery of the goods or as previously agreed with the Company.
If the Customer fails to pay the Company any amount on the due date:
I. The Company shall have the
right to cancel any Contract made with the Customer and to suspend
or continue delivery of goods and materials at the Company's option,
without prejudice to the Company's rights to recover damages for
any loss sustained by it; the whole of the balance then outstanding
shall become due and payable forthwith;
II. The Company reserves the right
to make a storage charge at its rates current from time to time,
in addition to all other rights which it may have in respect of
the default in payment;
III. The Company may without prejudice
to any of its other rights stop any goods in transit;
IV. The Company shall have a general
lien on all goods and property belonging to the Customer and such
lien shall be exercisable in respect of all sums lawfully due from
the Customer to the Company; the Company shall on the expiration
of 14 days notice dispose of such goods or property in such manner
and at such price as it thinks fit and to apply the proceeds towards
V. The Company requires 5 Bank
working days for clearance of any cheque prior to collection or
delivery of goods. Alternatively, payment can be made by Cash or
Credit/Debit Cards upon collection or prior to delivery of goods.
5. EXISTING STOCK
Offers for availability of goods from stock are subject to such
goods remaining unsold upon receipt of the Order from the Customer.
Goods purchased from the Company and paid for at the agreed prices
shall be stored by the Company, if so requested, for a maximum of
1 month free of charge; after that time, the Company shall be entitled
to charge for storage and insurance and any other costs incurred
by the Company, such costs to be settled by the Customer in addition
to the contract price.
7. SIZE AND QUANTITY VARIATIONS
I. When material is cut to suit
the Customer's requirements the price of the timber, sheet material
or slab from which the size is cut will be charged;
II. When timber of the length
ordered cannot be supplied, the Company is authorised by the Customer
to supply and charge for a longer length at the price applicable
to such longer lengths;
III. All materials (including,
without limitation, marble and timber) belonging to the Customer
are only cut at the Customer's own risk.
8. MANUFACTURER'S GUARANTEE
If, and to the extent, that to any person by whom the Company has
been supplied with the goods supplied hereunder (hereunder referred
to as "The Supplier") validity excludes, restricts or limits his
liability to the Company in respect of the said goods or of any
loss or damage arising in connection therewith, the Company's liability
to the Customer in respect of the said goods or of any loss or damage
arising in connection therewith shall be correspondingly excluded,
restricted or limited. If the Supplier validity excludes, restricts
or limits his liability to the Company in respect of the Company's
liability to the Customer in connection with the said goods, then
the Company's liability to the Customer in respect of the said goods
shall be excluded, restricted or limited to the extent to which
the Supplier is liable to the Company in respect of the Company's
liability to the Customer and no further. Any term, warranty or
condition expressed or implied or statutory to the contrary is excluded.
The Company will, upon request, supply the Customer with details
of any such exclusion, restriction or limitation.
The Company shall be entitled to sub-contract the performance of
the whole or any part of the Contract with the Customer, without
prior notice to the Customer. In any contract of which these Conditions
form the basis, the Company contracts for and on behalf of itself
and its sub-contractors.
When samples are submitted, these are drawn from bulk and are representative
of the whole and no guarantee can be given by the Company that every
item will be the same in all respects as the sample.
The Company shall be entitled to set-off any debt or claim by whatsoever
claim the Company may have against the Customer against any sums
due by the Company to the Customer.
I. All promises relating to delivery
are given in good faith and will be kept wherever possible. No responsibility
can be accepted for unseen delays.
II. If, through depletion of stocks,
the Company is unable to supply the exact goods ordered, the Company
will offer an alternative of similar description for the customers
III. When goods are offered for
delivery to site, the Company's obligation is to deliver as near
to the site as a safe hard road permits. If a vehicle used for performing
its obligations to any Customer delivers or collects any goods or
materials to or from a place off the public highway, the Customer
is to be solely responsible for any accident or damage resulting
in consequence. The Customer is to provide, free of charge, any
labour necessary for unloading goods when delivered and the Company's
drivers' responsibility is limited to handling goods off the vehicle.
If the Company's vehicle is kept on site for an unreasonable length
of time, or has to return to the Company's yard without completing
the delivery through lack of assistance or if additional staff have
to accompany the Company's driver, an appropriate additional charge
will be made. If the Customer does not accept delivery of goods
ordered for any reason, costs incurred will be charged.
IV. A carriage charge will normally
be made on all deliveries.
V. No liability is accepted for
any loss arising from delay in delivery of goods unless the Company
has expressly agreed to be bound by a delivery date which is of
the essence of the contract. When delivery depends upon receipt
of goods from a Supplier or Manufacturer, the Company does not accept
responsibility for delay in such delivery unless the Company has
obtained and reported to the Customer acceptance by the Supplier
or Manufacturer of the express condition as to time; but the Company
will afford to the Customer any remedy available to the Company
against the Supplier or Manufacturer and this shall be the limit
of the Company liability. The Company accepts no responsibility
for delay or non-delivery due directly or indirectly to strike,
fire, act of state, force majeure or other.
VI. If the Customer wishes to
claim that there is any shortage on delivery in respect of goods
or materials supplied by the Company (or that the same have been
damaged in transit or that any goods or materials supplied by the
Company are not in accordance with the Contract) the Customer shall
give notice in writing to the Company within 3 days after the date
of delivery of the same. If the Customer fails to give such notice
and fails to give the Company the opportunity to inspect the entire
consignment, the goods or materials shall be deemed to have been
delivered and be in accordance with the Contract in all respects.
VII. If the Customer or consignee
breaks bulk on delivery or unloads the whole or any part of the
consignment of goods or materials, the Customer or consignee is
deemed to have accepted delivery.
13. CANCELLATION OF ORDERS
Orders accepted by the Company can be cancelled only with the written
consent of the Company and upon the written request of the Customer,
such consent to be at the Company's absolute discretion and then
only upon payment of reasonable cancellation charges, which shall
include expenses already incurred and account of commitments made
by the Company. Goods made, cut or acquired by the Company specifically
to order cannot be cancelled.
14. RETURN OF GOODS
I. The Company is under no obligation
to accept any goods back that have been ordered from us incorrectly
or subsequently found to be surplus to the Customer's requirements.
II. By special agreement only,
goods returned within one month of the collection/delivery date
may be exchanged for alternative purchases of equal or greater value.
A Credit Note will be issued as no cash, cheque or credit/debit
card refunds are given.
Pallet charges will either be credited or refunded by cheque/credit
or debit card within 14 days if the original invoice number is provided
and the pallet(s) are returned in a re-useable good condition within
6 months of the invoice date.
PLEASE NOTE: NO CASH REFUNDS WILL BE MADE OVER