Terms and Conditions
1. Our prices are based on the cost of materials, labour, transport, fuel and maintenance of machinery ruling the date when such prices were quoted or in the absence of a quotation when such prices were agreed. In the event of expenses to us of performing the contract being increased or reduced directly or indirectly by reason of any fluctuation in such costs we reserve the right to make a corresponding increase or reduction in our prices to meet any such fluctuation.
2. Unless otherwise agreed, payments should be made at the time of order and before delivery. Where credit is given, invoices are payable within 30 days of the date of invoice and whether or not further deliveries are still to be made. In default of due payment, the purchaser will also be liable to pay interest at 3% over the Bank Base Rate current from time to time. We reserve the right to refuse to execute any order if arrangements for payment or if the customer's credit are not satisfactory and where a purchaser is in arrears with payment already due, we reserve the right to delay or cancel further deliveries at our discretion, in each case without any liability to the purchaser on our part whatsoever and regardless of when such deliveries were ordered.
3.
i. Risk of damage to or loss of the Goods shall pass to the Purchaser at the time of delivery or, if the Purchaser wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the Goods.
ii. Notwithstanding delivery and the passing of risk in the goods, or any other provisions of these conditions, the property in the Goods shall not pass to the Purchaser until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by the Company to the Purchaser for which payment is then due.
iii. Until such time as the property in the Goods passes to the Purchaser, the Purchaser shall hold the goods as the Company's fiduciary agent and bailee and shall keep the goods separate from those of the Purchaser and third parties. Until that time the Purchaser shall be entitled to re-sell or use the Goods in the ordinary course of its business but shall account to the Company for the proceeds of sale or otherwise of the Goods, including insurance proceeds and shall keep all such proceeds separate for any monies or Property of the Purchaser and third parties and in the case of tangible proceeds, properly stored and protected and insured.
iv. Until such time as the Property in the goods passes to the Purchaser (and provided the Goods are still in existence and have not been re-sold) the Company shall be entitled at any time to require the Purchaser to deliver up the Goods to the Company and if the Purchaser fails to do so forthwith, to enter upon the premises of the Purchaser or any third party where the Goods are stored and re-possess the goods.
v. The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the Property of the Company, but if the purchaser does so all the monies owing by the Purchaser to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
4. We can accept no responsibility for failure to supply or for delay in supplying any goods which may be due directly or indirectly to any act of God or force majeure or any war, invasion, riot, civil commotion, military or usurped power, any legislation, government Order, Regulation or Direction, any strike or lock-out, any fire, accident, breakdown of machinery, any shortages of labour, equipment or spare parts affecting the production or transit of such goods or any other cause or circumstances beyond our control or any abnormal conditions arising from the foregoing causes.
5. We do not undertake to deliver any loads over roads or other ground which we consider unsuitable. If a vehicle used to perform our contract with any customer delivers a load to a place situated off a public road, the customer is to be solely responsible for any accident or damage resulting in consequence.
6.
i. No complaint of any kind can be entertained (except in exceptional circumstances justifying delay) unless it is made within twenty-four hours after the time of supply of the goods for which the complaint is made. Although we make every effort to supply goods strictly to accord with the quality of specifications ordered, if any goods supplied by us should be defective or not the correct quality or specification ordered our liability shall be limited to free replacement of any goods shown to be unsatisfactory except in respect of death or personal injury caused by the Company's negligence. We are not under any circumstances to be liable for consequential loss or damage caused or arising by reason of late supply or any fault, failure to defect in any goods supplied by us or by reason for not being of the quality or specification ordered or by reasons of any representation or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract or by reason of any other matter whatsoever (and whether caused by negligence of the Company its employees or agents or otherwise). It is the purchaser's sole responsibility to satisfy himself as to the specification of items ordered; their description, suitability for any purpose, performance or acceptability or approval by any third party.
ii. Subject as expressly provided in these conditions and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contracts Terms “Acts or Re-enactments of the same”), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where the goods are sold under a consumer transaction (as defined by the “Consumer Transactions Enactments”) the statutory rights of the purchaser are not affected by these conditions.
7. All orders are accepted by us subject to the goods ordered being available when required in the quantities needed.
8. Our prices only cover supply on normal working days during our normal working hours. All supplies made at the customer’s request on Public Holidays, Saturday or Sunday or at any time outside our normal working hours will be subject to an extra charge. It is the responsibility of the customer to make available personnel to receive and confirm supplies made during and outside working hours. Where deliveries are made and no personnel are available to confirm receipt delivery and will be made at the entire risk of the customer.
9. An extra charge will be made when the customer requires delivery to be made in quantities of less than a full lorry load.
10. No cancellation or postponement of any order can be accepted if the materials have already been loaded, in which case we may make a charge covering any loss incurred.
11. When one of our vehicles call at a customer’s premises or site to deliver goods, the customer is to ensure that the vehicle is unloaded with all reasonable despatch. If a vehicle is detained for an unreasonable period, we reserve the right to make an extra charge.
12. This quotation is only open for your acceptance up to within twenty-eight days of the date appearing heron.
13. Unless otherwise agreed by us in writing the above terms and conditions shall apply to all orders placed with us. Any stipulation or conditions contained in a customer’s order form which would conflict with any of these terms and conditions or in any way qualify or negate the same, shall be deemed to be inapplicable to any order places with us unless expressly agreed by us in writing when acknowledging the order in question.
14. All goods remain the property of GGR Ltd until such time the goods are paid for in full.