Terms And Conditions of Trade

Terms And Conditions of Trade

  1. In these conditions the following terms will be defined as follows:
  2. a) "The Company" means Smith Fencing.
    b) "The Customer" means the person, firm or company to whom the Company supplies or agrees to supply any of the Companys products and any other goods supplied by the Company in its normal course of business (hereafter called "the Goods").
    c) "The Recipient" means the person, firm, company, corporation or public authority to whom the Goods are delivered upon the Customers instructions when it is not the customer.

  3. Unless specifically agreed in writing these terms and conditions are incorporated into the contract for the supply of Goods and any other terms and conditions (except statutory terms and conditions) are hereby excluded. These terms and conditions do not affect the statutory rights of a person dealing as a consumer as defined by the Unfair Contract Terms Act 1977 or any statutory modification of that Act.
  4. The contract comes into being when the Customer places an order giving details of the Customers requirements and the Company has accepted the Customers order.

  5. Whilst the Company will deliver all Goods ordered by the Customer as soon as practicable any dates for delivery quoted by the Company are for the guidance of the Customer only and do not form part of these terms and conditions. The Company is not liable to the Customer for any damages due to the delay in delivery or non-delivery of any Goods ordered by the Customer or in respect of any damages or consequential loss of any nature suffered by the Customer in respect of such failure to deliver or form delay in delivery.
  6. All goods supplied by the Company shall remain the property of the Company until payment for the goods has been made in full by the Customer. If prior to payment to the Company of the full price of the Goods the customer shall sell the Goods in the normal course of business then the customer shall hold the sale proceeds (or sufficient of such sale proceeds to pay all monies owing to the Company in respect of the Goods) upon trust for the Company. For the purpose of this clause all monies payable by the Customer to the Company in respect of the packing, carriage or insurance of the Goods shall be deemed to be part of the purchase price.
  7. Account Holding Customers Payment of the price of Goods shall be made in full without any deduction within 30 days of invoice (hereinafter called "the Due Date")(unless otherwise agreed in writing with the customer) provided that the Company may in its absolute discretion require that the Goods be paid for on delivery if notification of such requirement has been given to a Customer prior to the acceptance of the Customers order. If payment is not made on the Due Date then the outstanding debt shall bear interest at the rate of 2% per annum above the base rate of Barclays Bank during the period from the Due Date until actual payment.
  8. If any Goods delivered by the Company prove to be defective the liability of the Company shall (so far as it is prevented by law) be limited to replacing the defective Goods or refunding the money to the Customer for the said Goods and the Company shall not be liable for any economic or consequential loss suffered by the customer in respect of such defect.
  9. The contract for the supply of the Goods to the Customer shall be interpreted in accordance with English law which shall for all purposes be deemed to be the proper law of the Contract.
  10. Any failure by the Company to enforce any or all of these Conditions shall not amount to or be interpreted also as a wavier of any of the Companys rights.
  11. If any Term in these Conditions is held invalid, it shall not affect the validity of the remaining Conditions.

Terms And Conditions of Trade

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