Ceildoor Products Ltd - Conditions of Sale

1.1 The company will not be in any way responsible for the loss, damage or delays arising from strikes, lockouts, cessation of labour, transport, shortened hours of labour, accidents of any kind, perils on the sea or rivers, war or the like, or any other cause or contingency what so ever beyond the control of the

company whether of a similar nature to the preceding causes or not.

1.2 If the company is prevented from making deliveries or otherwise fulfilling the terms of this offer by reason of government control or direction, or by the reason of the existence of a state of war between great Britain and another sovereign state, then the company shall be entitled to cancel or terminate the

contract at any time so far as it is unfulfilled without prejudice to the company’s right to recover all sums owing to it in respect of deliveries made prior to the date of such cancellation or termination.

1.3 The period for the completion of the contract is understood to begin from the date the order is accepted by the company or the day on which the company receives full particular and approval of any drawings submitted, whichever is the later.

1.4 Any drawings submitted are the property of the company and may not be used for any other purpose or order, nor may they be copied or lent without written authority from The Company.

1.5 Goods supplied by the company, must be installed in strict accordance to The Companies installation guidelines. Goods proved to the satisfaction of the company to be defective within 12 months of the date of despatch from the company’s works, will be replaced at the place of original delivery, but the company’s liability shall in no circumstances exceed the invoice value of the goods accepted as defective. No allowance will be made for the customer’s labour consequential damage or other expense.

1.6 Everything in the company’s power is done to ensure good materials and workmanship, but The Company cannot guarantee that the goods supplied are suitable for the purpose for which, or the conditions under which they are used or stored, unless the company has given a written guarantee of the suitability of the goods on the companies letterhead/documentation only, after being given full details of such purpose and/or condition. No third party documentation which may be later referred to will be accepted as a guarantee.

1.7 Testing and inspection, if specified by the customer, will be at The Company’s works and will be final there. All fees incurred in connection with testing and inspection will be charged extra to the customers account.

1.8 Unless otherwise agreed in writing, The Company’s responsibility ceases (in the case of quotations for delivery F.O.B) when the goods are put on rail. Or (in the case of quotations for delivery F.O.B) when the goods are put on ship or aircraft. In case of C.I.F. quotations any fluctuations in the rates of freight and/or marine insurance which occur between the date of the quotation and the date the consignment is actually despatched will be charged to the customers account.

1.9 Any time named by The Company for delivery represents ‘At the company’s works’ and time required for transit is additional. Delivery ‘ex-stock’ is intended to convey that the material is in stock is offered subject to being unsold and time will be required for preparation from despatch. Any delivery dates given by the

company (whether before or after acceptance of order) are given in good faith and in expectation that the company will be able to fulfil them. No liability is accepted by The Company for loss, damage or expense suffered by the customer or any third party arising from failure of the company to deliver on any specified date or time, or to any place.

1.10 Claims for goods damaged in transit must be notified in writing within three days of materials being accepted on site. Non-delivery by outside carriers must be notified within three days of despatch. The Company cannot accept consequential costs due to non-delivery.

1.11 Quotations, offers and tenders are for the whole of the goods for which quotations are given by the company and the company reserve the right to refuse acceptance of any order which constitutes only part of the goods forming the subject of the quotation, offer or tender. It is a condition of acceptance on the

company’s part that complete specifications are supplied to The Company within 31 days from the date of acceptance.

1.12 The Company reserves the right to charge in full any costs contracted for in respect of an order or contract which is subsequently cancelled or amended. The Company also reserves the right to charge storage costs in the event of a delivery being postponed by the customer. The foregoing is without prejudice to any other rights which The Company may have for cancellation, amendment or postponed delivery of an order occasioned by the customer.

1.13 The Company shall not be liable for damage to any property of the customer which shall be in charge or under the control of the company or any servant or agent thereof upon which The Company or any servant or agent is or has been working. Contracts and orders are only accepted upon and subject to The Company’s conditions of sale as herein printed. Unless expressly accepted in writing any qualifications of these conditions in a customers form must be deemed to be treated as inapplicable. 

1.14 No variation of the company’s conditions of sale shall apply unless expressly agreed by the company in writing. (a) All quotations are based on conditions as to material, transport and labour which exist at the time they are given. In the event of any change in price of materials, transport or labour during execution of the contract, the quotation may be adjusted accordingly. Any quotation issued by the company is valid for

30 days unless extended by The Company in writing. Quotations are based on normal working hours, overtime working, where required by the customer will be charged to his account. All goods delivered will be charged at prices ruling at the date of despatch and the title to the goods shall pass only on payment

in full made therefore to the company. In addition to any rights to which it may entitled The Company shall in the event of non-payment be entitled to a general lien on all goods of the customer by the company under this or any other contract. Until such time as the ownership and title to the goods passes to the buyer. The buyer shall hold the goods as our fiduciary agent and bailey and shall keep the goods separate from those of the buyer and third parties and identified as our property. In the event of prior re-sale the buyer shall account to us for the proceeds of sale of the goods and shall keep all such proceeds separate from any monies or property of the buyer until accounted for to us.

1.15 If payment for the goods is overdue in whole or in part we may (without prejudice to any of our other rights) recover or resell the goods and may enter upon the buyer’s premises or site where the goods have been supplied and/or installed by our servants or agents for the purpose to remove and recover the goods.

1.16 Title to (the Goods) shall remain vested in The Company and shall not pass to (the Buyer) until the purchase price for (the Goods) has been paid in full and received by The Company. Until title to (the Goods) passes:- (1.)Ceildoor Products Limited shall have authority to retake, sell or otherwise deal with and/or dispose of all or any part  of (the Goods);(2.) Ceildoor Products Limited and its agents and employees shall be entitled at any time and without need to give notice enter upon any property upon which (the Goods) or any part are stored, or upon which (the Seller) reasonably belives them to be kept; (3.) You shall store or mark (the Goods) indicating that title to (the Goods) remains vested in Ceildoor Products Limited; and

(4.) (the Buyer) shall insure (the Goods) to their full replacement value, and arrange for Ceildoor Products Limited to be noted on the policy of insurance as the loss payee. Irrespective of whether title to (the Goods) remains vested in Ceildoor Products Limited, risk in (the Goods) shall pass to (the Buyer) upon delivery.

1.17 Any damage occasioned to the goods after delivery to the customer’s premises or to site will be the sole responsibility of the customer. Terms are net monthly account unless other terms have been agreed by the company in writing. The company may charge interest at the rate of 5% per calendar month or part thereof on all payments overdue.

1.18 All quotations, offers, conditions of sale and contracts shall be constructed according to the law of England.

1.19 All drawing and other design work are subject to improvement and modification.

1.20 The Company will be entitled to cancel the contract if the customer shall be in arrears for any other contract or shall become insolvent or go into liquidation or have a receiver appointed or suffer any execution or distress to be levied on its goods and such cancellation shall be without prejudice to any claim which the company may have against the customer.