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Terms & Conditions
1. DEFINITIONS in these conditions
• "Contract" means any agreement which these terms and conditions form part.
• "The Company" means Chelmsford Safety Supplies Limited.
• "The Buyer" means any party who enters into a Contract with the Company to buy Goods from the Company.
• "Goods" means any goods or services to be supplied by the Company pursuant to Contract.
• "Production Literature" means the Manufacturer's technical and processing data sheets and Health and Safety information sheets relating to the Goods.
• "Manufacturer" means the organisation that made the goods.
• 2.1 These terms and conditions shall apply in place of and prevail over any terms and conditions or referred to in the Buyers order or in correspondence or elsewhere or implied by trade custom, practice or course of dealing unless specifically agreed in writing in the Company's confirmation of order.
• 2.2 These terms and conditions can only be modified, amended or varied by express agreement between the Company and the Buyer. The Buyer acknowledges that saves as provided in these terms and conditions or confirmed in the Company's confirmation of order there are no representations on the part of the Company, which have induced the Buyer to enter into the Contract.
• 3.1 All prices quoted by the Company are exclusive of VAT. In the case of sales within the United Kingdom VAT at the appropriate rate will be added.
• 3.2 In the event that the raw materials or other costs incurred by the Company increase between the time that the order is placed and the time of delivery the Company reserves the right to charge the price current at the time of delivery.
• 3.3 In the case of delivery within the United Kingdom then unless otherwise agreed with the Buyer, the prices are exclusive of delivery.
• 3.4 We reserve the right to undertake annual inflationary price increases as necessary.
• 4.1 Any delivery dates quoted are for guidance only and are not a term of the Contract. Time for delivery shall not be of the essence unless delivery dates were previously agreed by the Company in writing to be binding upon it and the Company shall not be liable for any delay in delivery of Goods.
• 4.2 The Company shall be entitled to deliver Goods in one or more instalments unless otherwise expressly agreed.
• 4.3 Delivery shall be deemed to take place when the goods are delivered to the point of delivery or collected by the Buyer or its agent.
• 4.4 The Company may without prejudice to any of its other rights at its option cancel or suspend (or suspend and later cancel) all further deliveries under the Contract in the event of default by the Buyer in making any payment due hereunder or under any other contract between the Company and the Buyer, or in the event that the Buyer, being a natural person, shall die or become bankrupt, or being a company shall enter into liquidation or have a receiver administrative receiver, or administrator or any similar officer in England and Wales or any other jurisdiction appointed of its undertaking property or assets or any part thereof or if the Buyer shall enter or offer to enter into any agreement or composition with his or its creditors.
• 4.5 The Buyer shall indemnify the Company for all storage and other costs incurred by the Company as a result of the Buyer's failure to accept delivery of the Goods, if delivered to the Buyer's premises during normal business hours or at a time previously agreed by the Buyer. The Company may treat the Contract as cancelled and dispose of any Goods after 30 days from the date of delivery should the Buyer fail or refuse to take delivery of the Goods.
• 5.1 The Buyer shall make payment for the Goods to the Company at the end of the month following the month of delivery of the Goods unless otherwise agreed between the Company and the Buyer and time shall be the essence of this condition.
• 5.2 If the Buyer fails to make payment by the due date then without prejudice to any of its other rights the Company shall be entitled to charge interest after as well as before any judgement on all sums due at the rate of 4% above the base rate of NatWest Bank Plc calculated on a daily basis from the date the payment becomes overdue.
6 PASSING OF RISK AND PROPERTY
• 6.1 Risk of damage to or loss of the Goods shall pass to the Buyer forthwith upon delivery.
• 6.2 Notwithstanding the passing of risk in the Goods under sub-clause 6.1 above, the Goods shall remain the sole and absolute property of the Company as legal and equitable owner until the Buyer has paid the Company all sums due to the Company under the Contract and any other Contract between Buyer and Company.
• 6.3 Until title in the Goods has passed pursuant to sub-clause 6.2 above
• 6.3.1 The Buyer shall be in possession of the Goods solely as bailee for the Company.
• 6.3.2 The Buyer shall insure them to their full value and shall indemnify the Company for loss or damage to any of them, and shall hold any insurance monies payable in respect of them in trust for the Company.
• 6.3.3 The Buyer shall be bound to deliver them up to the Company on request and for such purpose the Company may at any time recover them from the Buyer and for the purposes of such recovery, the Company's servants and agents may enter upon land or buildings upon or in which the Goods are situated, and the Company shall have free and unencumbered right to deal with the Goods so delivered up or recovered free from any rights of the Buyer to the Goods.
• 6.4.1 The Company agrees to permit the Buyer to sell the Goods in ordinary course of the Buyer's business to a bona fide purchaser or value such disposal shall be the Buyer as principal in relation to its own customer, and the Buyer shall have no right to commit the Company to any contractual relationship with or liability to any such customer.
• 6.4.2 The permission contained in sub-clause 6.4.1 above may be revoked at any time by notice to the Buyer and shall automatically and without notice be revoked upon the commencement of liquidation proceedings (compulsory or voluntary) of the Buyer or the appointment of a receiver, administrator, administrative receiver or any similar officer in England and Wales or any other jurisdiction over any part of the Buyer's assets.
7. USE OF GOODS
• 7.1 The Buyer shall bring to the attention of its employees and others concerned in the use, storage, handling, processing or transportation of the Goods (hereinafter "Use of Goods") and to any purchaser to whom Buyer resells or supplies any Goods all the Manufacturer's instructions and/or recommendations for Use of Goods supplied or made available to the Buyer. Further on such resale the Buyer shall exact an enforceable undertaking from its purchaser not remove any label affixed to the referring any user thereof to the Manufacturer's instructions and/or recommendations for Use of Goods and if the Goods are to be used by such purchaser at work, that such purchaser will take such steps as are necessary to secure that there will be available in connection with the Use of Goods at work adequate information about the use for which they are designed and about any condition necessary to ensure that when put to that use they will be safe and without risk to health.
• 7.2 The Buyer shall not remove any label affixed to the Goods referring to any user thereof to the Manufacturer's instructions and/or recommendations for Use of Goods.
8. CLAIMS FOR LOSS OR DEFECT
• 8.1 The Buyer shall inspect the Goods immediately upon delivery and shall within 5 days of delivery or in the event of non-delivery within 5 days of receipt of invoice give notice in writing to the Company of any shortage, breakage, defect or any other matter or thing by reason whereof it is alleged that the Goods are not in accordance with the Contract.
• 8.2 The Goods in respect of which the Buyer makes any claim hereunder shall be preserved intact as delivered for a period of 21 days from notification of the claim within which time the Company or its agents shall have the right to attend the Buyer's premises to Investigate the complaint.
• 8.3 If the Buyer shall fail to give notice or to preserve the Goods as required pursuant to paragraphs 8.1 and 8.2 above then the Goods shall be deemed in all respects to be in accordance with the Contract and the Buyer shall be deemed to have accepted the Goods.
• 8.4 If the Company accepts the Buyer's claim under paragraph 8.1 above it shall be bound to replace the Goods or at its option to allow the Buyer credit in respect of the Goods subject of the claim. The Company shall not be liable for any further claims for indirect or consequential damage or loss and its sole obligation shall be the making of replacement goods or giving credit as aforesaid.
9. LIABILITY AND WARRANTIES
• 9.1 The Company warrants that the Goods are as described in the Company's current printed catalogue and website and/or the Manufacturer's Product Literature. Save as aforesaid all other conditions, guarantees or warranties whether express or implied by Statute, common law or otherwise other than the conditions as to title etc. implied by Section 12 of Sale of Goods Act 1979 are hereby excluded.
• 9.2 The application, use and processing of the Goods is the absolute responsibility of the Buyer and the Buyer shall be deemed to have carried out its own tests to ensure the suitability of the Goods for their intended purposes and applications.
• 9.3 The Company's liability for any loss or damage including any consequential loss resulting from defective Goods or any act or default on the part of the Company, its servants or agents (including any negligent act or default) shall be limited to the price of the Goods through which the loss or damage arises.
• 9.4 The Buyer shall indemnify the Company against all claims, penalties, proceedings, costs and expenses to which the Company may be made subject in connection with the Goods or the Use of Goods or any goods in which the Goods are incorporated arising under the Consumer Protection Act 1987, or the Health and Safety at Work etc. Act 1974 or as a result of any claim or any allegation that there is any defect of safety or the Goods or any goods in which the Goods are incorporated. The Buyer shall also indemnify the Company against any breach of Copyright laws relating to requests by the Buyer to print or embroider logos, names etc on Goods ordered by the Buyer.
• 9.5 Nothing herein shall exclude any liability of the Company or render the Buyer liable to indemnify the Company for the death or injury of any person arising from the negligence of the Company, its servants or agents.
10. SET OFF
• All sums payable under the Contract will be payable without any set off counterclaim withholding or deduction and the Company shall be entitled in the event of non-payment to obtain and enforce judgement thereon without any stay of execution pending the determination of any cross claims by the Buyer.
11. FORCE MAJEURE
• The Company shall not be liable for any failure in the performance of the Contract due to war, strike lockout or other trade dispute, fire, floods, explosions or shortage of materials due to any other cause whatsoever beyond the reasonable control of the Company.
• Unless otherwise stated in the Buyer's order the Company reserves the right to update and amend any specification of Goods without notice to the Buyer.
• Any failure on the part of the Company to terminate the Contract or to take any action for enforcement of the Contract in consequence of any breach by the Buyer shall not operate as a continuing waiver of the breach in question or prevent the Company from subsequently enforcing its right in respect of any continuing or like breach.
14. THE LAW
• The terms of the Contract between the Company and the Buyer shall be construed according to and subject to English Law and the Buyer agrees to submit the non-exclusive jurisdiction of the English Courts.
These conditions apply with effect from 1st September 2012 and supersede all previous conditions issued by Chelmsford Safety Supplies Ltd.