Page 310 - UK Standard Products Catalogue 2018_23.10.18

Terms and Conditions

1.1 In these Conditions, “Buyer” means the person whose order for the 5.4.3 require pre-payment of or such other security as may be required for
Goods is accepted by the Seller; “Seller” means Valmont/Stainton Limited; the payment of the price of any further delivery.
“Goods” means the goods which the Seller is to supply in accordance 5.5 The Buyer’s failure to adhere strictly to payment or part payment on the
with these Conditions; “Conditions” means these terms and conditions due date shall automatically render any agreed credit terms null and void in
and (unless the context otherwise requires) includes any special terms respect of the unpaid balance of the value and the whole unpaid balance
and conditions agreed in writing between the Buyer and Seller; “Contract” shall immediately fall due.
means the contract for the purchase and sale of the Goods.
6.1 Delivery of the Goods shall be made by the Buyer collecting the Goods
2.1 The Seller shall sell and the Buyer shall buy the Goods in accordance at the Seller’s premises at any time after the Seller has notified the Buyer
with any written order of the Buyer which is accepted by the Seller. All that the Goods are ready for collection or, if some other place for delivery is
Contracts are made expressly subject to these Conditions, which agreed by the Seller, by the Seller delivering the Goods to that place.
Conditions can only be varied in writing by an authorised representative 6.2 Where the price includes delivery charges, this shall be understood
of the Seller. These Conditions shall have precedence over any standard only to be to one address, in one or more consignments at the Seller’s sole
terms and conditions which the Buyer may seek to impose. option, “Consignee” to off-load without delay.
6.3 Time of delivery of the Goods is not of the essence of the Contract and
3.1 No order submitted by the Buyer shall be deemed to be accepted by the Seller shall not be liable for any consequences of delay in delivery of
the Seller unless and until confirmed in writing by the Seller’s authorised the Goods, however caused. The Buyer shall not be entitled to cancel the
representative. Contract or to claim any damages arising out of late delivery.
3.2 Once the Buyer’s order has been accepted by the Seller, no cancellation 6.4 If, when the Seller has notified the Buyer in writing, of the Seller’s
by the Buyer shall be effective to terminate the Contract. readiness to deliver the Goods, the Buyer requests the Seller to postpone
3.3 The Seller reserves the right at all times and without liability to the delivery of the Goods, the Goods shall be placed in a storage area located
Buyer to vary the specifications and descriptions appearing in the Seller’s at the Seller’s option and held to the Buyer’s order and at the Buyer’s sole
printed matter. Weights, dimensions and other technical data given are cost and risk pending physical delivery in accordance with the Contract.
approximate only. Payment for the Goods in these circumstances shall become due when the
Seller notifies the Buyer of the Seller’s readiness to deliver.
4.1 Any price quotations are valid only for a period of 30 (thirty) days from 6.5 Where the Goods are to be delivered in instalments, each delivery shall
the date they were made. constitute a separate Contract, and any default on the part of the Seller in
4.2 Unless otherwise agreed in writing between the Seller and the Buyer, all respect of any part delivery shall not affect the due performance of the Contract
prices are given by the Seller on an ex-works basis. as a whole, or entitle the Buyer to reject the remaining undelivered balance of
4.3 The price to be paid by the Buyer for Goods shall be the Seller’s current the Goods, or to withhold payment therefore, or to any claim for compensation.
price at the date of despatch, which price may have been varied to reflect 6.6 Transport, if included in the price, is arranged by the Seller through
any increase in the cost to the Seller since the date of the Buyer’s order, independent carriers or by the Seller’s own transport at the Seller’s sole
caused, without limitation, by increases in the cost of materials and labour. option. In either case the said transport shall be entirely for the Buyer’s own
4.4 The price is exclusive of any applicable value added tax, which the account and at his sole risk.
Buyer shall be additionally liable to pay to the Seller. 6.7 If the Goods are not received by the Buyer within 10 (ten) days of
the date of the Seller’s advice note, the Buyer shall give immediate notice
5.1 Unless otherwise agreed in writing between the Seller and the Buyer, thereof in writing.
the Seller shall be entitled to invoice the Buyer for the price of the Goods
on or at any time after delivery of the Goods, unless the Goods are to be 7.1 Risk of damage to or loss of the Goods shall pass to the Buyer:
collected by the Buyer or the Buyer wrongfully fails to take delivery of the 7.1.1 in the case of Goods to be delivered at the Seller’s premises, at
Goods, in which event the Seller shall be entitled to invoice the Buyer at the time when the Seller notifies the Buyer that the Goods are available for
any time after the Seller has notified the Buyer that the Goods are ready for collection; or
collection or the Seller has tendered delivery of the Goods. 7.1.2 in the case of Goods to be delivered otherwise than at the Seller’s
5.2 The Buyer shall pay the price of the Goods without any deduction or set- premises, at the time of delivery or, if the Buyer wrongfully fails to take
off within 30 days of the date of the Seller’s invoice. Time of payment is of the delivery of the Goods, the time when the Seller has tendered delivery of
essence. the Goods.
5.3 The Seller’s right to receive payment in full on the due date shall not be 7.2 Notwithstanding delivery and the passing of risk in the Goods, or any
affected by any question of erection or assembly of the Goods, nor by any other provision of these Conditions, the property in the Goods shall not pass
damage to or loss of the Goods in transit, nor by any assertion of alleged to the Buyer until the Seller has received payment in full of the price of the
defect. Goods and all other goods agreed to be sold by the Seller to the Buyer for
5.4 If the Buyer fails to make payment on the due date then, without prejudice which payment is then due.
to any other right or remedy available to the Seller, the Seller shall be entitled 7.3 Until such time as the property in the Goods passes to the Buyer, the
to: Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and
5.4.1 cancel the Contract or suspend any further deliveries to the Buyer; shall keep the Goods separate from those of the Buyer and third parties
5.4.2 charge the Buyer interest upon the amount unpaid at a rate of five per and properly stored, protected and insured and identified as the Seller’s
cent per annum above Barclays Bank plc base rate from time to time until property, but the Buyer shall be entitled to resell or use the Goods in the
payment in full is made; and ordinary course of its business.

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