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CONDITIONS OF SALE AND SERVICE
1. General 1.1 The following conditions issued by Clark & Partners Limited
("the Company") apply to any contract or order (a "Contract") for
the supply of goods and services by the Company to the purchaser
thereof ("the Customer") to the exclusion of any conditions of order
or purchase which the customer may purport to apply.
1.2 Any variation to these conditions (including any special terms
and conditions agreed between the parties) shall be inapplicable
unless signed by a Director of the Company.
2. Estimates 2.1 Any estimate of the cost of the work to be undertaken by the
Company will be made in good faith as an indication of the likely
cost involved, but will not be treated as forming any part of the
Contract. 2.2 The Company may impose a reasonable charge for the storage of
any property belonging to a prospective customer if the property is
not removed within 7 days or an order placed with the Company for
work to be carried out.
3. Prices and Payment
3.1 All prices quoted by the Company are subject to alteration
without notice and in the event of any alteration between the date
of the Contract and the date of its completion the Company reserves
the right to charge the full price ruling at the latter date.
3.2 All prices stated by the Company shall (unless otherwise
indicated) be exclusive of value added tax ("VAT"), which will be
due at the rate ruling on the date of the Company's invoice.
3.3 Unless otherwise agreed by the Company all charges relating to
the carriage of goods (including postage and packing) together with
VAT will be paid by the Customer and will be invoiced accordingly.
3.4 Should the Company fail to complete work or incur additional
cost (including storage costs) owing to delay in starting work or
the suspension of work due to the Customer's instructions or lack of
instructions, interruptions, delays, unusual working hours, mistakes
or any other causes for which the Company is not responsible or
through additional work required to satisfy the Customer's
requirements then a fair charge for the work done or the extra cost
arising (as the case may be) shall be charged to and paid for by the
Customer. 3.5 Subject to credit being approved and unless otherwise expressly
agreed accounts are due for payment not later than the end of the
month following the month of the invoice; otherwise payment must be
received by the
Company before delivery or on completion of the work as the case may
be. The Company also reserves the right to charge interest on
overdue accounts at the rate of two percent per month (as well after
as before any judgement).
3.6 The Company may set off against sum due from the Customer
whether in relation to any Contract or otherwise any lawful set-off
or counterclaim to which the Company may at any time be entitled.
4. Delivery and Completion Dates
4.1 Any delivery or performance dates in any Contract entered into
by the Company are approximate only and unless expressly agreed time
shall not be of the essence for delivery. Any date or time stated by
the Company for delivery or for the completion of any work is given
and is intended to as an estimate only and the Company shall not be
liable to make good any damage or loss whether arising directly or
indirectly out of delay in such delivery or in completing work.
4.2 No delay shall entitle the Customer to reject any delivery or to
repudiate any Contract entered into by the Company.
5. Retention of Title 5.1 No property in any goods shall pass to the Customer until the
Customer has paid to the Company the whole price thereof together
with any other sums due from the Customer to the Company but the
Company shall be
entitled to recover the price of such goods and all other sums in
respect thereof (including VAT) notwithstanding that such property
has not passed from the Company.
5.2 If notwithstanding that the property in such goods has not
passed to the Customer the Customer sells the goods in a manner as
to pass to a third party a valid title to the goods the Customer
shall hold the proceeds of such sale on trust for the Company but
nothing herein shall constitute the Customer the agent of the
Company for the purpose of any such sub-sale.
5.3 The Customer agrees that prior to the payment of the whole price
of such goods and any further sums due from the Customer to the
Company the Company may at any time enter upon the Customer's
premises or property and remove the goods there from and that prior
to such payment the Customer shall keep the goods separate and
identifiable for this purpose.
5.4 Notwithstanding that the property in the goods shall not pass to
the Customer save as provided for above the goods shall be at the
risk of the Customer from the time of collection by or delivery to
the Customer of such goods.
6. Limits of Liability
6.1 The Company is a member of the following organisations:
Retail Motor Industry;
Motor Vehicle Repairers Association;
British Health Trade Association;
and undertakes to follow the codes of practice as from time to time
published by such organisations and in case of any dispute between
the Company and the Customer to abide by any ruling made by any such
organisation which is competent to deal with such dispute in
relation to the goods in question.
6.2 Goods are not sold or tested as conforming to any British
Standard Specification or as fit for any particular purpose unless
expressly so stated and any term condition or warranty that goods
are so fit are hereby excluded to the extent permitted by law.
6.3 No description of goods or services which is contained in any
literature published by a third party supplier or which is given
orally shall be deemed to form any part of the Contract.
6.4 In the case of goods or components supplied but not manufactured
by the Company the Company will not accept any liability whatsoever
beyond the terms of any guarantee given by the manufacturer thereof.
6.5 The Company shall not be liable for any loss or damage howsoever
arising caused by circumstances beyond its control nor in any
circumstances whatsoever shall the Company's liability (in contract
tort or otherwise) to the Customer arising out of or in connection
with any Contract or goods supplied exceed the obligation to repay
any sum actually paid by the Customer for the particular goods or
services in respect of which complaint is justifiably made PROVIDED
ALWAYS that the Company may at its discretion replace any defective
goods without liability for consequential damage loss or expense of
any kind whatsoever 7. Termination
The Company shall be entitled to terminate any Contract forthwith
7.1 if the Customer commits any breach of such Contract; or
7.2 if distress is levied or a civil judgement executed or enforced
against the Customer, his property or assets; or
7.3 if the Customer (being an individual) becomes the subject of a
bankruptcy or (being a company) has a receiver appointed of its
undertaking or assets or order made or effective resolution passed
for its administration or winding up (save for a reconstruction
which thereafter takes place).
8. Sub-contracting
The Company reserve the right to sub-contract the whole or any part
of any Contract. 9. Jurisdiction
All Contracts made by the Company shall be governed by and construed
in accordance with English law and the Customer hereby submits to
the jurisdiction of the English Courts.
10. Errors and Omissions
Whilst the Company has taken all reasonable steps to ensure that the
information contained on this website is accurate and up-to-date, no
liability can be accepted for any error or omissions appearing in
this site. |
