1.1 The “Company” in these conditions shall refer to Allmat (East Surrey) Ltd.
1.2 The “Customer” shall be the individual company, firm or other party with whom the Company contracts.
1.3 The “goods” shall be those goods, materials or services to be supplied.
2.1 All quotations and estimates given by the Company are invitations to the Customer to make an offer and no order placed by the customer in respect
of a quotation or estimate shall be binding on the Company until it is accepted by the Company.
2.2 Any contract between the Customer and Company shall be governed by these conditions and receipt of goods by the Customer shall be deemed to
be conclusive proof of acceptance of these conditions by the Customer.
3.1 The price of goods shall normally include the costs of boxes and other packaging materials.
3.2 The cost of carriage and/or small order surcharge shall be applied to appropriate orders in accordance with the Company’s published price lists or as stated in the Company’s verbal or written quotations.
3.3 Prices charged shall be those ruling at the date of dispatch irrespective of any previous quotation excepting where explicit periods are quoted by the Company for a particular price and contract.
3.4 V A T is to be added to the cost of all goods and services at the rate ruling at the appropriate tax point.
4. RISK AND TITLE
4.1 Delivery shall be made to the Customer or his nominee at a place agreed in the contract or subsequently by both parties and risk shall pass to the Customer on delivery to or collection by himself or his nominee.
4.2 Where damage to or loss of goods occurs before delivery the Company shall have the option to replace or repair damaged or lost goods at its discretion upon the Customer giving the following notification;
Damage or shortage to be notified within 3 days of receipt and confirmed in writing within 5 days.
Loss or non delivery to be notified within 14 days of the date of invoice and confirmed in writing within 21 days.
4.3 The Company shall have no liability for lost, damaged, faulty or short goods beyond their repair or replacement as stated in these conditions.
4.4 Title and property in all goods shall remain with the Company until: Monies due for the goods in this contract and all other monies due from the Customer on any other account have been received by the Company.
4.5 Until title has passed to the Customer as set out above, the following provisions shall apply;
In the event of insolvency or breach of the contract the Company may repossess and resell goods to the value of all outstanding monies due to the Company.
The Customer shall store and protect the goods in a proper manner, without charge to the Company and ensure they are clearly identified as belonging to the Company. Monies received by the Customer for the goods shall be held in trust for the Company to the extent of all monies owed to the Company by the Customer and shall not be used by or for the benefit of the Customer or any other creditor.
5.1 The Company shall use its reasonable endeavours to comply with any date for delivery or dispatch of goods but any date quoted shall be a statement of expectation and not binding. The failure to meet such delivery dates shall not constitute a breach of contract by the Company and the Customer shall not have the right to rescind the contract nor claim compensation for any consequential loss or damage.
5.2 Where the Customer agrees to make separate payment for particular delivery requirements and those requirements are not met, the Company’s liability shall be restricted to the value of that separate payment and shall be subject to the Customer’s responsibilities for meeting those requirements having also been met in full.
6.1 Credit may be granted at the Company’s discretion on the basis of a bank and two traders references and any other appropriate information as may be required by the Company.
6.2 Payment of credit accounts shall be no later than the last day of the month following the date of invoice and such terms are strictly net. Any variance with these standard terms for payment must be explicit and in writing from the Company.
6.3 The Company reserves the right to charge interest on overdue monies, both before and after the due date at the rate of 3% per annum above the base lending rate of Lloyds TSB Bank plc prevailing from time to time during such period.
7. SPECIAL GOODS:
7.1 Special goods shall be those which the Company does not usually stock at all or in particular quantity or which are manufactured or adapted by the Company or the Company’s supplier to the Customer’s requirements. Orders for such goods shall only be amended or cancelled by the Customer after acceptance by the Company where the full cost of such amendment or cancellation is to be paid by the Customer.
The Company reserves the right to make delivery by instalments. Delay or failure to deliver any one or more instalments or any claim in respect of any one or more instalments for whatever reason will not entitle the Buyer to reject the goods.
Allmat may supply substitute goods of the equivalent type and quantity if and when necessary in the performance of the contract.
10. Force Majeure
The company will not be liable for any loss or damage caused by the delay in its performance or non-performance of any of its obligations due to circumstances beyond its control including-without limitation, war, government actions, acts of god, riot, flood, fire, explosion, lockout, strikes, civil commotion and epidemic.
8.1 These conditions and every contract between the Company and the Customer shall be subject to the Laws of England
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