1. General
    • Unless agreed in writing, all goods and/or services supplied by us under any contract with you shall be subject to these terms and conditions (hereinafter called “Conditions”) to the exclusion of any other conditions issued by you and to the Exclusion of any ore-contractual representations.
    • Any agreed written variation of these conditions shall be peculiar to the Circumstances stated or implied and shall not be regarded as a general variation.
    • No time or other indulgence granted shall prejudice our rights under the contract.
    • Save as otherwise provided in these conditions and to the extent provided by law, other conditions and warranties are excluded
    • No quotation by us shall constitute an offer and there shall be no contract to Supply until we have accepted and order either in writing or orally whereupon these Conditions shall apply.
  2. Prices
    • Our prices are those prevailing at the date of our acknowledgement or acceptance of your order and apply to all goods and services covered by such order which are to be delivered to you within 3 months of the acknowledgment of order. Where you are not buying as a consumer, we reserve the right to raise prices to allow reasonably for any increases in costs of materials, labour and services and for any increases in VAT inputs on other duties including (without limitation) and duties imposed or levied by the EEC Commission relating to the importation of any goods into the United Kingdom.
    • Any goods or services ordered, but not called down within 3 months of our Acknowledgment may be delivered and invoiced at any time thereafter.
    • Prices are quoted exclusive of VAT and delivery costs unless otherwise stated.
    • Prices stated are based on the current value on that day for Lead, Tin, Zinc or any other constituent material within the requested product. Using the daily LME value as a reference point, any price quoted may be subject to daily market change, unless otherwise stated within the formal quotation.
  3. Accounts
    • Accounts are net and are payable at month end following that of delivery unless otherwise agreed. Notwithstanding such period, accounts become payable immediately upon the commencement of any act or proceeding involving insolvency, or upon the happening of any event set out in clauses 10.1 and 10.2.
    • Postal delays are not allowable against late receive of payments.
    • You may not withhold or set off payment for goods or services delivered against accounts on other contracts.
    • Payments can be recognised only if our relevant invoice number is quoted.
    • We may supply goods and/or service by more than one consignment and invoice each separately, in which case each such consignment shall be deemed to be a separate contract subject to these Conditions and you shall pay to us the amount payable under the invoice for each consignment notwithstanding any rights which you can claim against us in respect of any other consignment.
    • Interest shall be added to the overdue amounts at the rate of 8 per cent per month from the time due. Any discounts shall be lost once payment is overdue.

 

  1. Delivery and Carriage
    • We shall make every effort to fulfil the contract by the stipulated dates but such dates are approximate only and to liability is accepted by us for failure to meet them. In particular, if events beyond our reasonable control prevent or hinder us any delivery dates shall be extended by the period of delay
    • Unless goods are examined upon receipt, the should be signed for as not examined.
    • Where you are not buying as a consumer and goods arrive damaged and/or short, you must notify us in writing and give evidence to us within 48 hours; otherwise we will not be liable. Claims regarding non-delivery or transit damage can only be considered if made within the time limits imposed by the carriers, and in any case within 21 days of the date of invoice.
    • Where goods are sold ex-works, the opportunity will be given to inspect and test samples of the goods prior to collection, after which we shall have no liability in regard to damage, quality or quantity.
  2. Risk
    • Where goods are delivered by our transport, the risk therein will pass to you immediately unloading commences, but where goods are not delivered by our transport, the risk herein will pass to you from the time of delivery to the carrier.
    • Where you are not buying as a consumer, any goods returned by you shall be stored by us at your risk, and we shall not be responsible for damage suffered by deterioration, destruction, burglary, theft, fire or any such cause. The right is reserved to charge reasonable rates for such storage.
  3. Returns
    • Defective, damaged or other goods returned cannot be accepted for credit unless returned to us within 14 days of delivery and in the same condition as received.
    • Returns must be packed safely and securely, and if possible in the original packing materials. An advice note must be enclosed in each package to identify the goods therein.
    • You must insure the goods in transit when returning them.
    • We reserve the right to make a 15 per cent handling charge on goods returned against orders correctly executed.
  4. Liability
    • Any claim by you for any direct or indirect or consequential loss or damage shall be limited to the greater of the price of goods supplied under the specific contract to which the claim relates or £200.00 or the sum insured under any insurance policy. Any amount recovered under such policy shall be in full and final settlement of the claim.
    • We shall not be liable for any loss or damage which arises in respect of your liability to any third party, and you shall indemnify us in respect of any such claims.
    • You shall ensure that goods supplied by us will be used properly without risk to health or safety and shall only be used for the purpose for which they were supplied. You shall also indemnify us against all claims by third parties, and reimburse us all direct and indirect expenses (including loss of profits) arising out of any failure to comply with these obligations.
    • Nothing in these conditions shall be construed as limiting our liability in negligence for the death or injury of any person caused as a direct result of the supply of goods or services by us.
    • Where you are not buying as a consumer within section 12(1) of the Unfair Contract Terms Act 1977, our goods are not supplied subject to any conditions or warranty, save those implied by sections 12 and 15A of the Sale of Goods Act 1979 as amended by the Sale and supply of Goods Act 1994.
    • Where you are dealing with us as a consumer within section 12(1) of the Unfair Contract Terms Act 1977, we supply the goods subject to the conditions of sections 12 to 15 of the Sale of Goods Act 1979 as amended by the Sale and supply of Goods Act 1994. Nothing contained within these conditions shall affect your statutory rights under those sections.
    • Section 35A of the Sale of Goods Act 1979 shall not apply to goods supplied under these terms and conditions of sale when you are not buying as a consumer.
  5. Ownership of goods and reservation of title
    • Subject is hereafter provided the legal title of and property in the goods shall remain vested in us until the price for them and every other sum then payable by you to us has been paid. Until then you shall keep the goods as Bailee and shall store them so that they are readily identifiable as our property. During such period any identification number, mark or batch number on the goods may not be removed.
    • The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal beneficial ownership, shall not pass to the buyer until the seller has received cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contacts between the seller and buyer under which the goods were delivered.
    • We reserve the right to recover and dispose of any goods, in satisfaction or part satisfaction of any sum overdue. We or our agents may enter your premises at all reasonable times to recover such goods (for which purpose you hereby irrevocably grant your consent and authority).
    • Any sale of goods by you in the ordinary course of your business shall be done by you as principal and not as our agent.
  6. Events beyond our control
    • We shall not be under any liability for delays or other failures or omissions resulting from events beyond our reasonable control (which shall include but not be limited to labour disputes, lack of raw materials or components, machinery breakdown, fire, explosion, storm or flood)
    • If in our opinion any such delay is likely to extend beyond a reasonable period, we may withhold, suspend or cancel, in whole or in part, the supply of goods or services.
    • You and we shall be relieved of liability under the contract to extent that any obligation is prevented or rendered impracticable by war (whether declared or not), or any statue, rule, regulation, order or requisition made by any government department or local or other competent authority.
  7. Termination and suspension
    • We may, without prejudice to our rights under any other provision of these conditions, terminate the contract, wholly or in part, or suspend further deliveries under the contract at any time while:
  • Any sum from you to us remains unpaid
  • Otherwise than in accordance with your rights, you have failed to take delivery of any goods or services
  • You are in breach of any part of the contract
  • Any distress, execution or other legal process is levied against your assets
  • You become insolvent, or being a company, have processed or entered into a creditors voluntary arrangement or have passed a resolution for winding up (expect where solely for the purposes of reconstruction) or have suffered a court order for winding up or have had a receiver appointed or we can consider that there has been a credit worthiness or, being an individual or partnership, have suspended payment of your debts in whole or in part or have proposed or entered into an individual voluntary arrangement or have had a receiving order in bankruptcy made against you.
    • In the event of any suspension we may demand payment in advance or security as a condition of resuming delivery under the contract.
  1. Legal interpretation and jurisdiction
    • Any failure by us to exercise any rights under these conditions shall not constitute a waiver or prevent the subsequent exercise of such rights.
    • Each condition herein is deemed severable, and any unenforceability of any condition shall not affect the remaining condition which shall be read as though the offending condition had been expunged.
    • Any contract for the supply of goods and/or services both between you and us shall be governed by English law, and you and we shall submit to the non-exclusive jurisdiction of the English courts.