TERMS AND CONDITIONS OF SALE
These terms and conditions of sale override any clauses.
FORMATION OF CONTRACT
In these conditions references to The Company shall mean Stormsure Limited and its subsidiaries. All offers, quotations and acceptances by the company shall be deemed to incorporate these terms and conditions. No variation of, or addition or substitution for these terms shall be binding on the company and no agent, employee or representative of the Company has any authority to vary these terms.
Any terms and conditions printed on the customers order forms are binding in so far as they are not at variance with these terms and conditions.
The contract is deemed to be made within the county of Cambridgeshire and any claims will be dealt with in the Cambridgeshire County Court.
All prices are ex-works quoted. The Company reserves the right to alter the prices or the terms offered to any buyer without notice. Prices and terms shall be those ruling at the date of dispatch.
Unless otherwise stated and agreed in writing, payment is to be made strictly on proforma basis for the goods. In the event in default of payment, the Company reserves the right to charge interest to the Customers at the rate of 4% per annum above the minimum lending rate on the unpaid balance. Such interest shall accrue daily from the due date of payment (as well as before any judgement). The Proprietors, directors and partners are jointly and severally liable for the payment in full, for the goods and services supplied by the Company.
Time for delivery is given as accurately as possible, the customer has no rights to damages or to cancel the order for failure, for any cause, to meet the delivery time stated. Goods shall be deemed to have been delivered when they arrive at the customer premises and are accepted by the customer. Such acceptance being without rejudice to any right of rejections that may accrue to the customer under these terms and conditions.
PROPERTY AND RISK – RETENTION OF TITLE
Ownership of the goods remains with Stormsure Ltd and will not pass to the buyer until one of the following has occurred:
- The Customer has paid for the goods in full and no other amounts are owed by the customer to the Company in respect of any other goods by the Company.
- The buyer sells the goods in accordance with these conditions in which case the ownership will immediately pass to the buyer before the goods are delivered to the Buyer’s customer.
- If the Customer is overdue in paying for the goods, then Stormsure Ltd may, if still the owner of the goods, recover and resell them. Stormsure Ltd may enter the customers premises for this purpose and may if necessary remove the goods.
The buyer must store the goods separately from all other goods until one of the following events occurs:
- The goods become the property of the buyer
- They are attached to or incorporated into other goods
- They are delivered to a purchaser by the buyer.
No liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss of person, firm or company or, for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by the company. Stormsure Ltd’s liability, whether in one claim or in the aggregate, arising out of any contract shall not exceed the purchase price payable under the contract.
GOODS LOST OR DAMAGED IN TRANSIT
No claim can be entertained, unless notification within 24 hours of delivery of goods has been received in the event of any shortage or damage and within 3 days of receipt of the invoice (if the goods have been delivered) otherwise the goods shall be deemed to have been accepted by the customer as being in good order and in conformity with the contract.
The company warrants that the goods manufactured are free from defects in materials and workmanship. Stormsure Ltd’s sole liability under such warranty will be limited to replacing, repairing or issuing credit at its option for any goods which within six months of delivery are returned carriage paid to the company and which the company accepts as having been defective in materials or workmanship.
The Company shall incur no liability under this warranty:
- Unless the Company is promptly notified in writing upon discovery of any defects by the customer within 5 days.
- For any goods in which an alleged defect is found on examination to have been caused whole, or in part, by misuse, neglect, incorrect storage or application, alteration, or accident or are due to normal wear and tear.
- For any transport, removal, labour or other costs
- For any proprietary or other goods not manufactured by the company, but the Company will use its best endeavours to pass on to the customer the benefit of any claim made by the company and accepted by the manufacturer of such goods under warranty given by the manufacturer.
- For any products submitted as samples, for a test, report or evaluation.
THIRD PARTY CLAIMS
The customer shall indemnify Stormsure Ltd against all damages, penalties, costs and expenses arising out of the infringement of any patent, registered design or trademark (or any claim from such infringement) resulting from the manufacture of goods to the customers own specifications, drawing, designs or instructions. The customer shall keep the Company fully indemnified in respect of any such claims which may be made against the Company by any third party (which expression shall include servants and agents of the customer) arising out of the supply of any goods howsoever such may arise.
Where any trade descriptions or other indication or representation is applied to any goods at the customers request, the customer warrants that the same will be true and accurate in all respects and that the supply, or offer of supply of any such goods by a person, will not give rise to an offense by the company under the Trade Descriptions Act 1968.
RETURN OF GOODS
Goods supplied in accordance with the buyer’s orders may later be returned to the Company only with the Companies permission in writing. For standard stock items, the buyer will require to pay the company a handling charge of 10% of the list price of such returned goods. In the case of special items the handling charge will depend on the value to the company of the returned goods.
This contract will be deemed to be subject to the Law of England.
All contacts should be at the registered address:
- Stormsure Ltd
- Hall Farm
- Lode Road,
- CB225 9DN
- Tel +44 (0)33 33 44 15 00
- Reg number 2759004
- VAT number GB 599 725272