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Conditions of Sale
1 DEFINITIONS
1.1 “Seller” means Sheridan Fabrications Limited/Sheridan Granite & Marble Limited, whose registered office is New
Sheridan House, Don Pedro Ave, Normanton West Yorks WF6 1TD
1.2 “Buyer” means the person who buys or agrees to buy goods from the Seller.
1.3 “Goods” means the articles which the Buyer agrees to buy from the Seller.
1.4 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions
agreed in writing by the Seller.
1.5 “Contract” means the contract between the Buyer and the Seller for the supply of Goods subject to the Conditions.
2 CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions including any terms
and conditions which the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.
3 QUOTATIONS AND SAMPLES
3.1 The prices, quantities and delivery times stated by the Seller are not binding on the Seller although the Seller makes
all reasonable efforts to achieve these commercial estimates.
3.2 Any samples given by the Seller correspond with the Goods as far as is reasonably possible however this is not a sale
by sample and the samples are not to be treated as forming part of the Contract.
4 ORDERS
4.1 Orders are accepted by the Seller subject to availability of Goods.
4.2 Orders taken by telephone will not be accepted unless confirmed in writing.
5 DELIVERY AND ACCEPTANCE
5.1 Goods shall be delivered by a method of transport the Seller considers suitable to the address requested by the
Buyer.
5.2 The Seller shall not be liable to the Buyer for any loss or damage whether direct, indirect or consequential if it is
delayed in part or in whole in delivering the Goods.
5.3 If the Buyer refuses to take delivery of the Goods within the Buyer’s normal working hours on the date of delivery the
Seller may store the Goods at the Buyer’s risk and the Buyer shall be responsible for all costs and expenses of storage and additional carriage incurred. If after 14 days the Buyer fails to take delivery of the Goods the Seller may rescind the Contract and sell the Goods to a third party. Any costs incurred by the Seller or losses made against the Contract price in the resale of the Goods will be borne by the Buyer and payable on demand.
5.4 The Buyer must inspect all Goods immediately upon delivery. If any Goods are damaged or lost the Buyer must notify the Seller in writing within 7 days of the delivery of the Goods. After this period the Buyer shall be deemed to have accepted the Goods and the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract.
6 RISK
6.1 Except as otherwise provided in these Conditions the risk of loss or damage to the Goods passes to the Buyer upon
delivery.
6.2 The Buyer shall insure the Goods from the time that risk passes to their full reinstatement value.
7 PRICE
7.1 The price payable for the Goods is as stated in the Seller’s price list unless otherwise stipulated in writing by the Seller. 7.2 The price quoted is exclusive of delivery charges, Value Added Tax, customs duties and all other taxes.
7.3 The Seller may at any time increase the price payable for the Goods by an amount equal to the increase in the Seller’s
costs in carrying out its obligations under the Contract (limited to an increase in the manufacturers cost). Where delivery is by installments the Seller shall be entitled to increase the price as stated in this clause in respect of any Goods undelivered at that time.
8 PAYMENT
8.1 If the Seller has agreed in writing to grant the Buyer credit facilities the Contract price shall be paid within 30 days of
the date of the invoice.
8.2 If no credit facilities have been agreed the Contract price shall be paid on or before delivery of the Goods.
8.3 In the case of late payment the Seller reserves the right to charge interest at the daily rate equivalent to 8% per annum
above the base rate of Barclays Bank Plc from time to time in force and such interest shall accrue on the balance outstanding at such a rate after as well as before judgement.
9 RETENTION OF TITLE
9.1 The Buyer shall own the Goods only once:
- they have been paid for in full
- all other goods supplied by the Seller either previously or subsequently have been paid for in full
Until then they belong to the Seller and the Buyer shall deal with them only in the way set out in this clause.
9.2 The Buyer shall ensure that the Goods can be identified and separated easily from other goods held by the Buyer by storing them separately or labelling them and by keeping stock records.
9.3 The Buyer shall keep the Goods stored properly and protected from damage and shall insure them to their full reinstatement value. The proceeds of any insurance claim shall belong to the Seller.
9.4 The Buyer shall not sell, give, pledge, lend or otherwise dispose of the Goods except that it may sell the Goods on behalf of the Seller in the ordinary course of its business.
Until the Buyer has satisfied the conditions in 9.1 above:
- the Seller shall own the proceeds of sale
- the Buyer shall transfer the proceeds to the Seller immediately on demand
- the Buyer shall at the Seller’s request notify buyers or potential buyers of the Seller’s ownership of the Goods
- the Buyer shall at the Seller’s request immediately assign to the Seller any debts arising from the sale. Until
notified by the Seller, the Buyer may collect these debts on behalf of the Seller. If the Seller so requests, the
Buyer shall promptly take such actions as are necessary to perfect the assignment.
9.5 The Seller may treat any payment from the Buyer as being for Goods that the Seller no longer owns, whatever
purpose the Buyer gives to the payment.
9.6 If any payment from the Buyer to the Seller is overdue or the Buyer is in breach of any Contract with the Seller or the
Seller considers that its ownership of the Goods may be put in jeopardy by the Buyer continuing to hold them, the Seller may do any or all of the following:
- cancel any contract
- hold any Goods that the Buyer has paid for but which have not yet been dispatched as security for any sums
due to the Seller
- reclaim the Goods without cancelling the Contract
- sue for damages and the price of the Goods.
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For further information Tel: 0845 618 2800 Fax: 0845 618 2824 sales@sheridan-uk.com www.sheridan-uk.com