Trade Account Terms & Conditions
CONDITIONS OF SALE
These conditions of sale impose obligations on purchasers to notify Drain Depot Ltd of certain matters within the time limits stated and they limit the liability of the company.
1. CREATION OF CONTRACT
A quotation by Drain Depot Ltd shall not constitute an offer and no contract shall be taken as formed except by the purchaser’s order being accepted in writing by Drain Depot Ltd or by collection or delivery of the goods.
2. CONDITIONS OF TRADING
The ordering of goods by the purchaser or the accepting of delivery or the collection of the goods by the purchaser shall be deemed to be unconditional acceptance by the purchaser of these conditions and its acknowledgment that they supersede, override and oust.
(1) All previous negotiations, representations or agreements between the parties
(2) Any other terms & conditions in any document or other communication used
(b) No variation of or addition to these conditions shall form part of any contract unless specifically accepted by Drain Depot Ltd in writing.
(c) Products headed specials on quotations/delivery notes & invoices are non-returnable and non-refundable unless otherwise agreed in writing by Drain Depot Ltd. The purchaser can only cancel an order containing specials in writing within 24 hours of placing the official order.
(d) The construction validity and performance of all contracts shall be governed by the laws of England and any claim arising there from shall be subject to the non-exclusive jurisdiction of the English courts.
3. PRICES
Unless otherwise stated in writing by Drain Depot Ltd orders are accepted on the basis that the price is the net price of the goods (after the deduction of any discount) for delivery in accordance with the contract and sold subject to these conditions. Where any amendment or variation to these conditions is agreed in writing by Drain Depot Ltd the price may be increased. Drain Depot Ltd may at any time PRIOR to the goods leaving our premises or the premises of our suppliers increase the stated price to reflect all or part of any increases suffered by Drain Depot Ltd since the price was
stated. Such revised price shall be binding on the purchaser. Value added tax will be added to any stated price at the current percentage.
4. PAYMENT
(a) Accounts are due and payable one calendar month from the end of the month in which the goods are delivered or collected. The purchaser will not be considered to have paid any amount tendered by cheque unless and until it has been credited to Drain Depot Ltd bank account.
(b) If the purchaser shall fail to make payment in accordance with sub-paragraph 3a. Drain Depot Ltd can suspend or cancel without incurring any liability all orders outstanding to the purchaser.
(c) The purchaser shall not without the written agreement from Drain Depot Ltd be entitled to deduct or set off from outstanding payments due to any claim or loss incurred by the purchaser.
(d) Notwithstanding the foregoing Drain Depot Ltd reserves the right to require payment of the goods before delivery or at any time thereafter.
5. DELIVERIES COLLECTIONS & LIABILITY FOR DELAYED DELIVERY OR FAILURE TO SUPPLY
(a) Whilst the company will use all reasonable endeavours to keep to any stated delivery or collection dates or times of the day it accepts no liability whatsoever for any damages or loss including any consequential loss resulting from delayed delivery or availability for collection unless: a delivery/collection date was agreed in writing by Drain Depot Ltd, and have failed for at least 21 days after the agreed date to make the goods available; and the purchaser has given Drain Depot at least 7 days’ notice in writing of its intention to rescind the contract or bring a claim at the end of the period given the goods have not been made available .
(b) In the event that a valid claim is notified to Drain Depot Ltd in accordance with these conditions Drain Depot Ltd under no circumstances whatsoever have any liability to pay the purchaser a sum greater that the price of the goods in respect of which a failure to make available is alleged.
6. DELIVERY AND RISK
(a) Where it has been agreed that Drain Depot Ltd will deliver the goods at the premises of the purchaser or a third party the purchaser shall provide good firm level & cleared ground on which to stack the goods. It is the responsibility of the purchaser to ensure that the goods are properly and safely stacked, stored & protected.
(b) If off-loading is to be effected by the use of lifting equipment then it is shall be the responsibility of the purchaser to arrange such off-loading equipment and the risk shall pass once our vehicle is on the purchaser or the third party premises.
7. TITLE TO GOODS
(a) Notwithstanding delivery or collection of the goods or of any documents relating to them Drain Depot Ltd will remain the sole and absolute owner of each item of the goods. Title shall not pass until full payment has been credited to our bank account (b) The purchaser may sell any item of the goods in the ordinary course of its business prior to Drain Depot Ltd receiving payment in full of such item and in such event the purchaser shall hold on trust for Drain Depot Ltd and shall account to Drain Depot Ltd for the proceeds of sale of such item. (c) Drain Depot Ltd shall be entitled by its employees or agents to enter upon or into any land buildings or vehicles where the goods or part of the mare situated to retake possession of them. Upon request the purchaser shall notify Drain Depot Ltd of the location of any goods which are Drain Depot Ltd property. If the goods have been previously laid or fixed then Drain Depot Ltd may never less retake possession of them in doing so shall endeavour not to cause unnecessary damage.
8. CLAIMS FOR DEFECTIVE GOODS
(a) Weather the goods have been delivered or collected by the purchaser, the purchaser shall immediately after off-loading is completed (or at the earliest opportunity thereafter if there is no representative of the purchaser when off-loading the goods) examine the goods to check that the correct quantity has been delivered and as far as is apparent defects. If the goods have been delivered and the purchaser was present when off-loading was completed and is satisfied with the goods following their examination the purchaser will on request by the driver sign a receipt slip. If the purchaser is not satisfied with the goods following their examination the purchaser shall: Notify Drain Depot Ltd immediately to discuss corrective action, mark receipt note of corrective action and return the goods in question with our delivery driver.
(b) Claims in respect of short delivery or in respect of defects which are apparent on examination must be made within three days of delivery.
(c) Under no circumstances shall Drain Depot Ltd be liable to the purchaser for any claim arising out of:
(1) the goods supplied not being in every way similar to examples of products previously supplied
(2) technical information, recommendations, statements or advice regarding installation of goods
9. FORCE MAJEURE
(a) Drain Depot Ltd shall not be liable for any loss or damage caused by non-performance or delay in the performance of any of its obligations to the purchaser due to act of God, war civil disturbance, government action, strike, lock out or trade dispute (weather involving its own employees or those of any other person) difficulties in obtaining goods, breakdown of machinery/vehicles, fire or accident or any other causes whatsoever beyond our or our suppliers control. Should any such event occur Drain Depot Ltd reserves the right to cancel or suspend the contract with the purchaser without incurring any liability for any loss or damage there by occasioned.
10. DEFAULT
(a) Drain Depot Ltd may by notice in writing to the purchaser terminate any contract forthwith if:-
(1) the purchaser shall commit any breach of the terms including without limitations terms concerning the time for payment of the purchase price) of this or any other contract.
(2) the purchaser compounds with or negotiates for any composition with its creditors generally
(3) the purchaser being an individual shall die or have a receiving order made against him or commits an act of bankruptcy or enters into a voluntary arrangement; or
(4) being a company the purchaser shall call any meeting of its creditors or have an administrator appointed or enter into any liquidation.
(b) In the event of such termination Drain Depot Ltd shall in addition to exercising its rights to repossession of the goods under condition 7 of these conditions be entitled by notice in writing to the purchaser to declare (and there shall forthwith become) immediately due and payable any amounts outstanding from the purchaser to Drain Depot Ltd under this or any other contract.
(c) The provisions of (a) & (b) above and exercise by Drain Depot Ltd of its rights thereunder are without prejudice to any other rights of Drain Depot Ltd.
11. DATA PROTECTION
11.1 The Company shall only use the Customer’s personal information in accordance with the Drain Depots’ Privacy Policy which can be found at wwwdraindepot.co.uk. Please take the time to read the Privacy Policy, as it includes important terms which apply to these Conditions.
11.2 Save as may be varied by the Privacy Policy, the Company will in any case use the personal information you provide to the Company in order to:
a. provide the Services to the Customer;
b. conduct a credit reference search and record;
c. process payment for the Services; and
d. inform the Customer about similar products or services that the Company provides.