Terms & Conditions

 1.         Definitions tERMS & cONDITIONS

 1.1       “Buyer”                        means the person who buys or agrees to buy the goods from the seller.

1.2       “Conditions”                 means the terms and conditions of the sale set out in this document and any special terms and conditions agreed in writing by the seller.

1.3       “Delivery Date”            means the date specified by the seller when the goods are to be delivered.

1.4       “Goods”                       means the articles which the buyer agrees to buy from the seller.

1.5       “Price”                         means the price for the Goods excluding carriage, packing, insurance and VAT.

1.6       “the Seller”                 means George Beck Ltd.

 

2.              Conditions applicable

 2.1           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 or conditions which they Buyer may purport to apply under any purchase order confirmation of order or similar document.

2.2           All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

2.3           Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

2.4           Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

 

3.              The price and payment

 3.1           The price shall be at 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.

3.2           Payment of the price and VAT shall be due on delivery of the Goods.  Time for payment shall be of the essence.

3.3           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 2% above the Bank’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgement.

 

4.              The Goods

 4.1           The quantity and description of the Goods shall be as set out in the Seller’s quotation.

 

5.              Warranties and liability

 5.1           The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller.  All other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods and whether implied by statute or common law or otherwise are excluded.

5.2           The placing of an order for the Goods shall be deemed to be a written undertaking by the Buyer within the meaning of section 6(8) of the Health & Safety at Work Act 1974 an the Buyer will ensure by proper examination test installation, fencing maintenance and training of personnel that the Goods are safe and without risk to health when properly used.

 

6.              Delivery of the Goods

 6.1           Delivery of the Goods shall be made to the Buyer’s address on the delivery date.  The Buyer will make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.

 

7.              Acceptance of the Goods

 7.1           The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.

7.2           After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

 

8.              Title and risk

 8.1           The Goods shall be at the Buyer’s risk as from delivery.

8.2           In spite of delivery having been made, property of the Goods shall not pass from the Seller until:

 8.2.1       The Buyer shall have paid the price plus VAT in full; and,

8.2.2       No other sums whatever shall be due from the Buyer to the Seller.

 8.3           Until property of the Goods passes to the Buyer in accordance with clause 8.2, the Buyer shall store each of them on a fiduciary basis as bailee for the Seller.  The Buyer shall store the Goods (at no cost to the Seller) separately from all other Goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.

8.4           Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer’s business at full market value for the account of the Seller.  By such sale or dealing shall be a sale or use of the Seller’s property by the Buyer on the Buyer’s own.  Behalf and the Buyer shall deal as principle when making such sales or dealings.  Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Sellers money.

8.5           The Seller shall be entitled to recover the price (plus VAT) notwithstanding the property in any of the Goods has not passed from the Seller.

8.6           Until such time as property in the Goods passes from the Seller, the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller.  If the Buyer fails to do so the Seller may enter the premises owned, occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.  On the making of such request the rights of the Buyer under clause 8.4 shall cease.

8.7           The Buyer shall insure and keep insured the Goods to the full priced against all risks to the reasonable satisfaction of the Seller until the date that the property of the Goods passes from the Seller and shall whenever requested by the Seller produce a copy of the policy of insurance.  Without prejudice to the other rights of the seller, if the buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

8.8           The Buyer shall promptly register this contract as charge at Companies House without prejudice to the other rights of the Seller, if the Buyer fails to dos so all sums whatever rowing by the Buyer to the Seller shall forthwith become due and payable.

 

9.              Remedies of Buyer

 9.1           Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.

9.2           Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.

9.3           The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

9.4           The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract.

9.5           In the event of any breach of this contract by the Seller the remedies of the Buyer shall be limited to damages.  Under no circumstances shall the liability of the Seller exceed the price of the Goods.

 

10.           Proper law of contract

10.1         This contract is subject to the law of England and Wales.

 

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Call 01302 752000   |   Email george@gbltd.co.uk
Address High Common Farm, High Common Lane, Tickhill, Doncaster, DN11 9HE