In these conditions “the Company” means VBH (GB) Ltd and “the Customer” means the person or Company placing the order for goods on the Company.
These Conditions shall form the basis of the contract between the Company and the Customer. Notwithstanding anything to the contrary in the Customer’s standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing by a properly authorised person at the head office of the Company. No servant or agent of the Company has power to vary these conditions orally or to make representations or promises about the condition of the goods, their fitness for any purpose or any other matter whatsoever.
Unless otherwise expressly stated in writing, all quotations and estimates by the Company are invitations to treat. The Customer’s order is an offer and will become binding upon the Company either posting its confirmation of the order or despatching any or all of the goods contained in the Customer’s offer. A confirmed order may only be cancelled or varied with the Company’s consent; the giving of the Company’s consent shall not in any way prejudice the Company’s right to recover from the Customer full compensation for any loss or expense arising from such cancellation or variation.
The Customer shall carry out a thorough inspection of the goods within a reasonable time after their delivery and shall give written notification to the head office of the Company forthwith of any defects which a reasonable examination would have revealed. In the case of other defects, the Customer shall give written notification of defects in the goods within 1 month from the date of delivery or (if the goods have been supplied by the Company under a main contract with a defects liability period) the end of the defects liability period whichever is the shorter.
Subject to compliance with the above obligations, which shall be a condition precedent to the Company’s liability, the Company will repair or replace (at its option) any components of the Company’s manufacture which fail due to faulty materials or workmanship. In the case of components or products not of the Company’s manufacture, but supplied by the Company as part of a contract or order, the Company will assign to the Customer its rights against its supplier and these rights shall be taken in extinction of and substitution for any rights which the Customer would otherwise have had against the Company.
The liability of the Company under this guarantee shall be limited to the invoice value of the components replaced or repaired and the Company shall not be liable for any consequential loss or damage howsoever caused. It shall be the duty of the Customer to insure against such consequential loss and to hold the Company harmless therefrom.
The Company shall not be liable under this guarantee for any defect in the goods resulting directly or indirectly from their misuse by or the negligence of the Customer, or the end user.
Carriage charges will be added to all orders where the value is below the level indicated, and as from time to time may be amended, by the information page which accompanies the Company’s official Catalogue or Price List as being the value set for carriage free deliveries except where the Customer specifically requests overnight or other express services or where Steel Reinforcement is supplied, when carriage charges will be added irrespective of the value of the order.
All quotations and estimates issued by the Company are, unless otherwise stated, based on current cost of production (materials, hours and wages) and are subject to amendment on or after acceptance to meet any recognised rise or fall in such cost. Value Added Tax not included in the quotation or estimate will be added where appropriate and at the rate applicable.
Any variation to prices quoted as a result of government taxes and levies will be for the Customer’s account.
(a) The Customer shall pay strictly net 30 days after the end of the month in which deliveries are made. Unless separate terms have been agreed in writing by a Company director. If the Customer shall fail to pay promptly, they shall lose the benefit of any previously agreed discount. Failure to make payment at the due date shall entitle the Company to suspend deliveries until payment is made or to terminate the contract in writing or to treat the contract as repudiated by the Customer without prejudice to the Company’s rights to damages for breach of contract. If there is any delay in making payment the Company shall be entitled to charge interest on the outstanding amount at 3% above the base rate charged by the Company’s bankers from the due date until the date of actual payment.
(a) All goods delivered to the Customer shall remain the property of the Company until payment of all amounts invoiced by the Company to the Customer have been received whether in respect of the particular goods sold or otherwise, or until the goods are re-sold by the Customer whichever is the earlier.
Shall be deemed to arise from a separate contract, and
Shall be invoiced separately and any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein without reference to and notwithstanding any defect or default in the delivery of any other instalment.
Unless otherwise agreed the goods shall be delivered in the Company’s standard packaging. Special packaging specifications to meet the Customer’s requirements must be referred to the Company for review and acceptance. The Company shall make a charge for this and the cost will be shown as a separate item on the invoice.
In addition to any right of lien to which the Company may by law be entitled it shall have a general lien on all goods of the Customer in its possession (although such goods or some of them may have been paid for) for the unpaid price of any other goods sold and delivered to the Customer by the Company under the same or other contracts.
Goods being returned due to ‘surplus stock’ can only be returned subject to the Company’s prior agreement and only if they are in ‘as new’ condition and in original packaging.
‘Surplus stock’ that is not a standard stock item, in box quantity or not financially prudent may be rejected.
Freight and a handling charge will be payable.
Special items and goods ordered to Customers’ specification shall not be cancelled or returned.
The Company’s rights shall not be affected or restricted by any indulgence or forbearance granted to the Customer. No waiver by the Company of any breach shall operate as a waiver of any later breach.
All orders are accepted subject to references being satisfactory.
The rights and obligations of the parties and all the terms and conditions hereof and any disputes arising out thereof shall be construed in accordance with English law to the jurisdiction of the courts of which the Customer shall submit.
VBH (GB) Ltd
VBH House | Bailey Drive | Gillingham Business Park | Gillingham | Kent | ME8 0WG
Tel: 01634 263263 | Email: email@example.com | twitter.com/vbhgb | www.vbhgb.com