In these Conditions:
(a) “The Company” means County Building Supplies Limited;
(b) “The Customer” means the person, firm, company or other entity supplied or to be supplied with Goods by the Company;
(c) “Goods” means the goods, materials, services and/or other items (whether original or substituted) supplied or to be supplied by the Company to the Customer pursuant to any contract made under these Conditions;
(d) “The contract” means the contract for the supply of goods, materials, services and/or other items by the Company to the Customer to which these Conditions apply; and (e) “Industrial property right” means any patent, trademark, registered design, copyright or any other right or asset registered or protected under statute or any regulations thereunder.
(a) The contract between the Company and the Customer shall be governed by these Conditions which shall apply to the contract notwithstanding any conditions to the contrary in the Customer's conditions of trading (which so far as inconsistent with these Conditions shall not apply and shall be deemed to be waived).
(b) All quotations are submitted, all orders are accepted, and all Goods are supplied by the Company subject to these Conditions and all other conditions, warranties and representations, express or implied and statutory or otherwise, except as to title, are hereby excluded.
No amendment or alteration to these Conditions shall apply unless specifically agreed to in writing by the Company.
Products delivered to you
If you buy a product and we deliver it to you, you may cancel your order (or any part of it) for any reason before delivery or within 14 days after delivery by:
This is subject to the following conditions:
We may, at our discretion, accept or reject the cancellation of any contract or the return of any goods not required. Any such cancellation or return shall be on such terms as we specify and in particular we may charge you a handling fee and all costs incurred on cancelled orders.
We shall be entitled to cancel or suspend a contract if you fail to pay us any sum due pursuant to the contract (whether or not any part of your account is subject to query) or any of the following events occurs or we believe is likely to occur:
(i) you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take a benefit for the relief of insolvent debtors; or
(ii) you convene a meeting of creditors or enter into liquidation; or
(iii) you have a receiver and/or manager, administrator or administrative receiver appointed over your undertakings or any part; or
(iv) a resolution is passed or a petition presented to any court for your winding-up or for the granting of an administration order in your respect, or any proceedings are commenced relating to your insolvency or possible insolvency; or
(v) you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or
(vi) you are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or
(vii) any event similar to the above occurs; or
(viii) you fail to observe or perform any of your obligations under the contract or any other contract between us and you; or
(ix) you encumber or in any way charge any of the goods.
Payment for the goods and delivery charges can be made by any debit or credit card that is shown as acceptable on the Website at the time you place your order (presently being MasterCard, Visa, Visa Debit, Visa Electron & Maestro).
All deliveries are subject to prior authorisation of your payment.
The Company’s associated company, First Data (www.firstdata.com) collect payments securely via SSL secured payment page on The Company’s behalf.
If, where permitted by these Terms, you wish to receive a refund for the goods, you will need to provide The Company with details of the debit or credit card used for the purchase of the goods.
(a) Subject to Conditions 3 hereof, the price payable by the Customer to the Company for the Goods shall be the price thereof specified by the Company in the quotation made by the Company for the supply of the Goods or, if different, the price for the Goods specified in the order acknowledgment or invoice given by the Company to the Customer.
(b) Value Added Tax at the applicable rate shall be paid by the Customer to the Company on the price of the Goods at the time of the payment of the price.
(c) If the quotation made by the Company for the supply of the Goods or the order acknowledgment given by the Company to the Customer does not provide that the price includes the costs of packaging, insuring or delivering the Goods to the Customer, then the costs of packaging, insuring and delivering the Goods (as the case may be), together with Value Added Tax thereon at the applicable rate, shall be added to the price of the Goods and be paid by the Customer to the Company as part of the price of the Goods in accordance with paragraph (d) of this Condition.
(d) For customers with a credit account facility, payment for the Goods shall be made by the Customer to the Company within 30 days after the month of delivery to the Customer by the Company in respect of the supply of the Goods and time for payment shall be of the essence of the contract.
(e) Unless otherwise specifically agreed by the Company, accounts are strictly net.
(f) Interest at the rate of five per cent (%) per annum above the base lending rate from time to time and for the time being of the Bank of England shall be payable on any sum payable by the Customer to the Company and not paid on the due date from the due date for payment thereof until the date of actual payment thereof to the Company and that whether or not after judgment or decree. Such interest shall be calculated on the basis of the actual number of days elapsed.
(g) Unless the customer in writing ascribes any payments to account to any particular invoices the company shall have the absolute right to ascribe payments to account to any invoices, due and payable as at the date of receipt of the payment of account regardless of the dates of the invoices and of any rule of law to the contrary.
Any price quoted by the Company shall be eligible to increase to cover the expenses incurred by the Company as a result of any delay arising from the Customer’s instruction, or lack thereof.
Unless the Company has agreed in writing that the price of the Goods shall be fixed, the Company reserves the right to invoice the Goods at the price or prices thereof prevailing at the date of supply or dispatch to the Customer or to a nominee of the Customer and, without prejudice to the generality but subject as aforesaid, the Company reserves the right to increase the price of the Goods to cover any increase in the cost of production or supply of the goods howsoever arising.
The goods you order will be delivered to the delivery address you give when you place your order, subject to confirmation of acceptance of your order by The Company.
If there is no one available at the delivery address to accept delivery of the goods, you will be asked to re-arrange delivery for an alternative date or to collect the goods from a specified place. Where you wish the goods to be redelivered to you, you shall be liable for the costs of re-delivery and the goods shall not be re-delivered until The Company has received payment in full for such costs.
If delivery to a specified location is not practical or possible within the normal remit of our delivery services, you will be advised as soon as possible and:
a) Pay the full costs of delivery if higher than quoted (estimated).
b) Receive a refund for delivery charges and arrange collection of the goods.
If Delivery is refused you agree to pay the costs to The Company for reasonable restocking fees and returning of items to The Company.
The Company accepts no liability for failure to meet quoted delivery times, which shall be treated as estimates only.
Unless the customer challenges in writing to the company any invoice submitted by the company, within 7 days of its receipt the customer shall be barred from challenging the invoice and shall be deemed conclusively to have accepted that the goods described therein were received and that the sum claimed in the invoice is due.
Unless the Company shall otherwise agree in writing, the Company shall not be bound to deliver or supply the Goods in one lot, shipment or consignment and the Customer shall be bound to accept split deliveries or delivery or supply of the goods by instalments.
The Company shall have no liability in respect of any shortfall or short weight in the Goods or in respect of the Goods being damaged upon delivery unless the Customer signs for the goods as damaged or refuses the goods. The customer has the right to inspect and open the goods upon delivery.
Notwithstanding the delivery or supply of the Goods to the Customer, the property in and title to the Goods shall not pass to the Customer until the price payable by the Customer to the Company for the Goods shall have been paid in full by the Customer and, until such payment in full of the price has been made, the property in and title to the Goods shall remain with the Company.
The risk of loss or damage to the Goods shall pass to the Customer when the Goods are appropriated to the contract or are delivered or supplied to the Customer or to a nominee of the Customer, whichever shall be the earlier.
Where the Customer requests that delivery or supply of the Goods be delayed beyond the quoted delivery or supply date, then the Company shall be entitled to invoice the Customer for payment of the Goods as if the Goods had been delivered or supplied to the Customer on the quoted delivery or supply date and the Customer shall reimburse to the Company, on the demand in writing of the Company, all costs and expenses (including storage and insurance costs) incurred by the Company in connection with the Goods from the quoted delivery or supply date of the Goods to the date of actual delivery or supply thereof to the Customer or to a nominee of the Customer.
(a) Save as provided in Section 12 of the Sale of Goods Act 1979, the Company gives no warranty and makes no representation whether express or implied as to any matter whatsoever including (without limitation) condition, merchantability or fitness for any purpose.
(b) The Company accepts no liability for any loss or damage suffered by the Customer or any third party as a result of or caused by the use of the Goods for a use or purpose for which the Goods were not designed.
(c) The Company shall incur no liability in respect of any defect or fault in the Goods unless:
(i) the customer signs for the goods as damaged or refuses them
(ii) the Customer gives the company carriers such opportunity as the Company may reasonably require to examine or inspect the defective or faulty Goods at the premises of the Customer;
(iii) the Customer forthwith upon the discovery of such defect or fault by the Customer ceases to use the defective or faulty Goods unless otherwise authorized by the Company in writing; and
(d) The liability of the Company under this Condition shall be limited to replacing, repairing or making good the defective or faulty Goods or, at the option of the Company, giving credit or reimbursing to the Customer the price (whether in whole or in part) paid by the Customer to the Company for the defective or faulty Goods.
Save as herein expressly provided and except as provided in Section 16 of the Unfair Contract Terms Act I 977 (liability for death or personal injury resulting from breach of duty), the Company shall not be liable to the Customer or to any third party for any loss or damage (whether direct or consequential) suffered in respect of the Goods or arising from or caused by any defect or fault in the Goods and the Company shall be indemnified by the Customer against all third party claims made in respect of the Goods.
(a) If the Customer requires the Goods to be manufactured or supplied to the Customer's design, the Customer must provide to the Company a detailed design and/or specification of the Customer’s requirements when the Customer orders the Goods. The Company shall not be liable for any defect or fault in the Goods resulting from the Goods being manufactured or supplied in accordance with the Customer's design and/or specification of the Goods.
(b) The Customer shall indemnify and so free and relieve the Company from and against any claim, cost, charge or expense in respect of the infringement or breach of any industrial property right as a result of or caused by the manufacture or supply of the Goods by the Company in accordance with the Customer's design or specification.
If the Company shall consider that the Customer's financial condition does not at any time justify the agreed terms of payment, the Company may, having given notice in writing to the Customer, cancel any unfulfilled order or the contract unless the Customer shall forthwith make payment to the Company for the Goods already delivered or supplied by the Company to the Customer or to a nominee of the Customer or shall make prior payment for the Goods ordered but non-delivered or supplied, or both, at the Customer's option. The Company shall be entitled to cancel without penalty by notice in writing to the Customer any unfulfilled order or the contract if the Customer becomes insolvent, goes into liquidation, enters into a composition with its creditors or has a receiver appointed over the whole or any part of its property and undertaking.
The Company shall not be liable or responsible for any failure to perform in whole or in part for any delay in performing any of its obligations under these Conditions caused by act of God, war, insurrection, government regulations, embargoes, strikes or walk-outs, illness, flood, fire, equipment breakdown or any other cause beyond the control of the Company. Should any such event occur, the Company at its option may cancel or suspend (or both) the contract without incurring any liability whatsoever for any loss or damage thereby occasioned.
The Customer hereby waives any and all existing or future claims for compensation or set off against any payments due by the Customer to the Company under the contract and the Customer shall pay to the Company the amounts payable to the Company under the contract on the due date or dates for payment thereof regardless of any compensation, set off or counter claim on the part of the Customer against the Company.
Any remedies conferred on the company by these conditions shall be without prejudice to any other remedies available to the company.
If any provision of the Conditions is or becomes invalid, illegal or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining provisions of these Conditions or of the contract shall not in any way be affected or impaired.
The headings used in these Conditions are for ease of reference only and shall not in any way affect the construction or interpretation of these Conditions.
16. Health & Safety
Certain goods supplied by us could, if incorrectly used, give rise to risks to health and safety. Information in respect of such goods is available from us. You undertake that you will ensure compliance by your employees, agents and customers with any instructions given by us or the manufacturer or our supplier and will take any other steps or precautions, having regard to the nature of the goods, as are necessary to preserve the health and safety of any person handling, using or disposing of them.
17. Waste & Disposal
You will be responsible for the disposal of any waste arising from the goods and will comply with all applicable laws, regulations and waste management licences relating to such waste, including the appropriate disposal by you of any goods marked with a crossed out wheelie bin symbol, save where you are a consumer and it is our responsibility at law. You will indemnify us against all costs, claims, liabilities and expenses arising from any breach by you of this provision.
18. Export / Overseas Contracts
In relation to goods sold for delivery outside the UK, the Channel Islands and the Isle of Man, risk in the goods shall pass to you when they leave our premises. Shipping and insurance shall be payable by you but will be managed by us unless otherwise agreed. You are responsible at your own expense for obtaining any licence and complying with any export or import regulations in force within any country for which the goods are destined. We reserve the right not to supply certain customers or countries and to require from you full details of the end use and final destination of the goods.
19. Bribery & Money Laundering
You agree that you will not, in connection with the goods or services to be supplied under this contract, bribe or attempt to bribe us, or any of our employees, agents or affiliates nor cause us to be in violation of any applicable bribery or anti money laundering laws. We may terminate the contract in the event of your breach of this clause. You shall indemnify us against all liabilities, costs, expenses, damages, claims, demands and losses suffered or incurred by us arising out of or in connection with any breach of this clause, whether or not the contract has been terminated.
These Conditions and the contract and the validity and performance thereof shall in all respects be governed by and interpreted in accordance with the law of England and the Company and the Customer propagate to non-exclusive jurisdiction of the English Courts.
Document created: 14th August 2013