4 Shires Builders Merchants LLP
TERMS AND CONDITIONS OF SALE
a) ‘The Seller’ means 4 Shires Builders Merchants LLP and ‘The Buyer’ means the person or business placing an order with the Seller.
b) An ‘Order’ is a formal request by the Buyer for the supply of goods from the Seller which has been formally accepted in writing by the Seller. At the point of acceptance of the Order it becomes a Contract.
c) ‘Goods’ means any goods supplied or to be supplied by the Seller.
d) ‘Conditions’ means the standard terms and conditions of sale as defined below.
All quotations and offers are made and Orders accepted subject to the terms and conditions of sale and these terms and conditions shall apply to all Contracts to the exclusion of any other terms and conditions. Variations to the Terms and Conditions of Sale will only be effective if agreed in writing between the Seller and the Buyer.
Only Orders acknowledged in writing by the Seller shall be deemed to have been accepted by the Seller. Any Order accepted by the Seller may only be cancelled by the Buyer with the prior written consent of the Seller and on terms that the Buyer shall indemnify the Seller against any costs, damages, charges or expenses incurred by the Seller as the result of such cancellation. Cancellations or changes to Special Order or personalised items will not be accepted.
In order to enable the Seller to efficiently process an Order on behalf of the Buyer, the Buyer shall inform the Seller in writing of any amendment to the Order within one working day of the date of order acknowledgement by the Seller.
Prices quoted by the Seller are exclusive of VAT which shall be charged at the rate prevailing at the date of invoice. The Seller shall make every effort to supply the goods at the prices quoted by the Seller for 30 days, but shall reserve the right to impose price increases where unavoidable cost increases are imposed by suppliers or where force majeure shall apply.
The Seller shall make every reasonable endeavour to achieve delivery estimates quoted by the Seller to the Buyer. No date quoted by the Seller however shall be construed to be a contractual obligation on the part of the Seller to the Buyer and no liability will be accepted by the Seller in respect of any claims for direct or consequential losses or damage. The Seller reserves the right to make part deliveries. Current delivery charges are available on request. Should the Buyer be unavailable to take delivery and requests goods left on site, the Buyer shall take full responsibility for the goods from point of delivery to site. Should the Buyer be unavailable to receive the delivery and/or requests repeat delivery/deliveries are required, these shall be charged at the current rate.
In the absence of a formal credit facility, the Buyer shall pay the Contract price upon delivery of the goods. Payment shall be by Cash, a Cheque guaranteed by a recognised cheque authorisation company, or by an approved credit or debit card. Payment terms are payment by the 15th day of the month following invoice date.
Time for payment of the Contract price shall be of the essence. A reminder charge of £7.50 will be incurred if payment is not received within the payment terms. Interest shall be payable on any overdue amounts (before as well as after judgement) at a monthly rate of 2%. After any payment default a charge of £30 will be made. Compensation pursuant to the Late Payment of Commercial Debts Regulation 2000 shall be charged as applicable. In the event of recovery being sought by means of County Court Claim or Registered Debt Collection Agency, all costs incurred shall be reimbursed by the Buyer to the Seller.
Risk of damage to or loss of the goods shall pass to the Buyer upon delivery. Section 20(2) Sale of Goods Act 1979 shall not apply. Title to the goods shall remain with the Seller until full payment with cleared funds of all monies due from the Buyer to the Seller has been made.
8. Damage/Short Deliveries
All delivery notes shall be signed by the Buyer to confirm receipt of the delivery. Any claim in respect of such delivery shall be notified to the Seller by the Buyer by phone immediately upon receipt and in writing within 5 working days of the date of delivery
9. Returns of stock items
Please ensure any returned goods are in their original packaging and in clean, perfect condition. We will inspect and credit within 3 working days. There is a 20% restocking charge on returns. No refunds on specially ordered items, items no longer clean, perfect or no longer in sealed original packaging. Should collection of returned goods be required, these shall be charged at the current rate.
The Seller guarantees that it will replace free of charge any product or component which it has supplied which is not fit for the purpose for which it was designed in accordance with the warranties provided by the Seller’s suppliers save only as follows:
a) The Seller must have been informed in writing of any application of its goods outside the scope of its general application as defined by the supplier of its system components prior to the order having been accepted by the Seller.
b) The Seller shall not be liable for any defect arising from incorrect installation of its goods.
c) The Seller shall not be liable for any defect or failure arising from fair wear and tear, wilful damage, misuse or alteration.
d) The Seller shall not be liable if the goods have not been paid for in full under the terms defined in clause 7 above.
e) In the event of any dispute regarding the validity of this warranty the matter shall be put to arbitration with the Royal Institute of Chartered Surveyors and the decision of the President of the Institute shall be binding on both parties.
11. Force Majeure
In the event that the Seller is prevented from or delayed in carrying out its obligations under the Contract as a result of any cause beyond its control such as but not limited to: acts of God; governmental intervention or restriction; war; riots; strikes or trade disputes (including by the Seller’s own employees); power failure; inadequate performance of computer systems; fire; flood; default of Suppliers or sub-contractors; or breakdown of plant or equipment then the Seller shall be relieved of its obligations and liabilities under the Contract.
12. Digital Paperwork
All invoices and statements are sent by email. Email invoices can be sent daily, weekly or monthly, as you prefer. Payment is due by 15th day from month end.
12. Data Protection and GDPR
All information held by the Seller complies with the Sellers Data Protection Policy. To trade with the Seller, the Buyer must consent to data and signatures being held physically and digitally and to receiving Seller information, statements, invoices and reminders by email, phone, text or post.
All current Terms and Conditions and Policies are available on the Sellers website. The Buyer shall keep abreast of and conform to the current version.
These terms and conditions shall be construed in accordance with English law and the Seller and the Buyer hereby submit to the jurisdiction of the English Courts.