“Buyer” means the person firm or company who buys or agrees to buy the goods from the seller.
“Buyer’s Premises” Does mean the Buyers premises detailed on the quotation given by the Seller to the Buyer in respect of the Goods.
“Delivery Date” means the date specified by the Seller when the goods are to be delivered.
“Conditions” means these terms and conditions of sale.
“Contract” means the contract for the sale by the Seller and purchase by the Buyer of Goods.
“Goods” means all goods supplied by the Seller to the Buyer pursuant to the Contract.
“Price” means the price of the Goods plus VAT plus Additional Charges referred to specifically in these Terms and conditions.
“Seller” means Chapel Doors Ltd whose registered office is at 24e Norwich Street, Dereham, Norfolk, NR19 1BX. Company Registration No 4693624
“Wasted Time Rate” means the charge for wasted time at the Sellers Standard rate for wasted time of £1.00 (one Pound) per minute up to and including 30 (thirty) minutes thereafter at a charge of £2.00 (two pounds) per minute, or such other charge as notified to the Buyer from time to time.
“Writing” includes facsimile transmission. Email and Letter.
These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the buyer may purport to apply under any purchase order confirmation of or similar document.
All orders verbal or written for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these conditions.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers order and acceptance of these conditions.
Any variation to these conditions (including terms and conditions agreed between the parties) shall be inapplicable unless agreed by the Seller.
The price shall be the price set out overleaf. The price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice On receipt of order there is a 35% (non-refundable) deposit to pay.
Payment of the price and VAT shall be due upon presentation of the invoice invoice. Time for payment shall be of the essence.
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% per month and shall accrue at such a rate after as well as before any judgement.
The quality and description of the goods shall be as set out in our quotations.
Unless otherwise agreed by the Seller, the Goods shall be delivered to the Buyer at the Sellers address.
In any case delivery of the Goods shall be made to the Buyer’s address on the delivery/installation date. The Buyer shall make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery. If the buyer fails to take delivery of the Goods or fails to give the Seller adequate delivery instructions at the time the order is placed (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Sellers fault) then without prejudice to any other right or remedy available to the Seller the Seller may: Invoice and store the Goods until actual delivery and charge for reasonable cost (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
Title of goods shall only pass to the Buyer from the date of payment in full of all sums payable to the Seller under the contract by which those goods were supplied or any other contract. Until such time goods remain the absolute property of the Seller and the Buyer shall keep them insured to their full invoice value. Such goods shall be stored in such a way that they are readily identifiable and the Seller shall be entitled to repossess such goods at its entire discretion and at any time prior to payment in full therefore. The Buyer hereby grants the Seller, its servants and agents a license to enter upon the Buyers premises for the purpose of repossessing the same. Such repossession shall not affect in any way the continued existence of any contract between the parties. If goods in which title has not been passed to the Buyer are subjected to any process, addition or treatment, the property in the goods so processed added to or treated, shall be vested in the seller until title has passed.
All goods sold by the Buyer to third parties before title has passed to the Buyer, shall be sold as agent to the Seller and all proceeds received from such sales shall be help by the Buyer in trust for the Seller, until payment in full of all amounts outstanding has been received by the Seller.
Notwithstanding that property in any goods has not passed to the Buyer, the Seller shall be entitled to sue the Buyer for the price of such goods if not paid on the due date.
Subject to the conditions set out below, subject to the proviso that the Seller shall be under no liability arising from the failure to the follow the Seller’s or the manufacturer’s instructions (whether oral or in writing), inappropriate storage, improper use, inadequate maintenance or misuse of the Goods, the seller warrants that:-
The goods will correspond with the Seller’s specification for them on delivery
Save as provided in and subject to the provisions in sub-clause (a) below, unless otherwise agreed by both parties the goods will be free from material defects for 1 year from the delivery date
(a) This warranty does not cover wear items that are listed in the operation guide relating to the goods.
The Buyer shall be under a duty to inspect the goods in accordance with the supply. In the event of any patent defect the Buyer shall inform the Seller of such a defect immediately on discovery but in any event within 14 days of delivery. In the event of a latent defect being discovered, the Buyer shall inform the Seller of such defect immediately on discovery of the same. Any claim for breach of warranty by the Buyer shall not be accepted by the Seller unless the Buyer notifies the Seller in writing of the nature of the claim within the time limit specified within this Condition.
Any warranty given in these Conditions shall not apply to any modifications and or repair carried out to the goods without the Seller’s prior approval in writing.
Subject as expressly provided in these conditions, all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
The Buyer shall not be entitled to reject the Goods where the alleged defect or breach of contract is so slight that it would be unreasonable for the Buyer to reject the Goods.
Where any valid claim in respect of the goods is made by the Buyer the Seller shall be entitled to replace or repair the Goods is made by the Buyer the Seller shall be entitled to replace or repair the Goods (or the part in question), at the Sellers sole discretion, refund to the Buyer the relevant Goods (or a proportionate part of the price for the relevant Goods), and the Seller shall have no further liability to the Buyer.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at his registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
If any provision of these Conditions is held by any competent authority to be invalid or unforeseeable in whole or in part the validity of the other provisions of these Conditions shall remain in force and effect.
No waiver by the Seller of any breach of the Contract by the Buyer shall be considered s a waiver of any subsequent breach of the same or any other provision A person who is not party to the contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Conditions but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
These Conditions constitute the entire contract between the parties to the extent that the subject matter is dealt with herein and may only be varied or modified in writing under the hands of the parties or their authorised representatives.
The contract shall be governed by the laws of England, and the Buyer agrees to submit to the non-executive jurisdiction of the English courts.
