Terms of service
TERMS & CONDITIONS OF SALE
In these Terms and Conditions of Sale (“these Conditions”):
1. “the Company” means Industrial Plasters Limited (incorporated in England and Wales with registered number 08746304 and with its registered office at 63 Netherstreet, Bromham, Chippenham, Wiltshire SN15 2DP, and “the Purchaser” means the person(s), firm or company doing business with the Company.
2. “the Goods” means all products supplied by the Company to the Purchaser whether by means of sale, hire, rental or otherwise and whether the property of the Company or distributed by the Company as agent for another.
3. “Orders & Returns Policy” means the Company’s written policy on ordering, delivery and returns for the time being, the current version of which is available online at www.industrialplasters.com.
4. These Conditions together with any Special Conditions and other terms included in the Company’s quotations are the only terms on which the Company will supply Goods, and any terms set out elsewhere, including in or referred to in any order or other document put forward by the Purchaser, are expressly rejected.
5. The Company reserves the right to accept or refuse any order given on the basis of its quotations and in the event of the refusal of any order no liability whatsoever is accepted by the Company.
6. Any complaint about the Goods supplied shall be only entertained by the Company if made within three days of delivery.
7. The decision of the Company about any alleged defect shall be final and conclusive.
8. Credit will only be issued on returns if a Delivery Note number is quoted. We also reserve the right to charge a 15% handling charge if Goods are returned without satisfactory explanation.
9. Printed price lists are subject to alterations without notice by the Company.
10. Orders are accepted at nett selling prices ruling on the date of delivery by the Company.
11. Where Goods are delivered direct from the manufacturer to the Purchaser the price charged shall be that ruling at the date of despatch from the manufacturer premises irrespective as to when the Goods are delivered to the Purchaser.
12. The Goods shall remain the property of the Company until paid for in full by the Purchaser. The Purchaser shall pay for the Goods when placing the order, unless credit terms are agreed with the Purchaser.
13. If payment is delayed beyond the agreed terms the Company reserves the right to charge interest on the outstanding balance at the statutory rate for the time being in force under the Late Payment of Commercial Debts (Interest) Act 1998. Where interest on any sum due accrues to the Company, any payment later received will be applied first in payment of the interest due, and secondly in reduction of the indebtedness.
14. In the event of the refusal by the Purchaser’s Bank to make any payment to the Company for the supply of Goods, all related charges made by the Company’s Bank will be chargeable to the Purchaser and will be reimbursed to the Company on demand.
- The Company shall not be responsible for delay in delivery (or any other default) owing to matters outside the Company’s reasonable control.
- Details of delivery arrangements and the circumstances in which the Company will accept returns of Goods are set out in the Orders & Returns Policy, which also includes important information for any Purchaser who deals with the Company as a consumer.
- The Company warrants that the Goods shall comply with their description and be free from material defect at the time of delivery. This warranty does not apply to the extent that any defect has been caused by incorrect storage or use. The Company gives no other warranty and any other warranties or conditions that would otherwise be implied as to the quality of the goods or their fitness for any purpose are excluded. The Purchaser acknowledges that in most cases the Goods are organic materials that are mined in their natural state, and that some variations in colour, texture, other aspects of appearance and properties are to be expected. The Purchaser further acknowledges that substrates on which Goods such as moulding gels are to be applied will be variable in composition (and outside the control of the manufacturer) and that such Goods should be tested on an inconspicuous area first to test for any possible staining or other damage.
- The Company’s liability (and the sole remedy of the Purchaser) for any breach of the limited warranty given at Condition 17 above shall be to replace the Goods in question or to refund their price to the Purchaser, at the discretion of the Company.
- The Company shall not be liable for any indirect or consequential loss of any description suffered or incurred by the Purchaser as a result of or in connection with any breach of contract, negligence, representation or misstatement by the Company.
- The Company’s liability for any other loss or damage arising as a result of or in connection with any breach of contract, negligence, representation or misstatement by the Company shall be limited to the price of the Goods in respect of which any such liability may arise.
- The Company shall endeavour to pass on to the Purchaser the benefit of any guarantee or warranty provided by the manufacturer of the Goods.
- Nothing in these Conditions or any quotation shall be construed as restricting or excluding the liability of either party for death or personal injury resulting from its negligence or for fraud or fraudulent misrepresentation or as affecting the statutory rights of any person dealing as a consumer.
Issued: 16th June 2014