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 the Customer.
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.
3. PRICE
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 was given.
4. PAYMENT
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 such debt;
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.
6. STORAGE
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.
9. SUB-CONTRACTING
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.
10. SAMPLES
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.
11. SET-OFF
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.
12. DELIVERY
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 approval.
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.
15. PALLETS
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 THE COUNTER.