A) In these conditions:
Company - means Colinwell Masonry Products Ltd whose registered office is at 37 Colinglen Road, Dunmurry, Belfast, BT17 OLP
Customer - means the person or company who places an order for the purchase of goods or enters into a contract with the company.
Goods - means any product normally sold by the company.
Contract - refers to any contract for the design, supply, and delivery of goods.
B) These conditions shall not be varied unless agreed in writing by a Director of the company. The Companies decision as to what is a slip/error is final.
C) These standard terms and conditions may be supplemented by additional written terms and conditions in respect of goods or work of a specialist nature
2) SAMPLE, DRAWINGS, SPECIFICATIONS
A) The Company shall not be under any obligation to check or verify the accuracy of any plans and/or specifications supplied by or on behalf of the customer. The Customer shall be liable for any loss arising directly or indirectly from any error or inaccuracy on any plans or specifications . Where goods are manufactured based on customers designs and specifications, no guarantee is given or implied as to the suitability for the purpose for which they are used.
B) Where the company produces a drawing for approval, all future correspondence concerning this item of work will relate to this drawing. Verbal instruction by the customer, project Architect/Structural Engineer may not be accepted unless confirmed by them in writing. Returning “marked up” copies of drawings from the customer, Project Architect/Structural Engineer indicating amendments or deletions may constitute a written instruction and variation at the company’s discretion.
C) Dimensions and details shown on fabrication drawings prepared by the Company and approved for manufacture by the customer or his duly appointed agent or representatives are final and binding. The Company shall fabricate to such dimensions and details, reserving the right to be compensated for any subsequent changes or any other costs incurred as a result of changes made by the customer.
D) Once schedules are approved, any subsequent alterations, which give rise to delay or disruption and/or additional costs, shall be the responsibility of the customer and the customer shall forthwith compensate the Company on an indemnity basis.
E) All standard units are designed in accordance with the relevant sections of British Standards.
3) ORDERS AND QUOTATIONS
A) No Order, which has been accepted by the Company, shall be amended or cancelled by the Customer except with the written agreement of the Company. Failing such written agreement, the Customer shall be responsible for the costs of any amendment and in the case of cancellation shall be responsible for all costs, damages, expenses and loss of profits incurred by the Company, and shall forthwith compensate the Company on an indemnity basis.
B) Goods sold ex-stock are subject to availability at the time of sale.
C) The Company will not be subject to penalties or claims for liquidated damages.
D) Unless stated elsewhere in the quotation, rates and/or prices are based on Goods being delivered during normal working hours i.e Monday – Friday 08.00hrs – 16.30hrs excluding statutory holidays and production facility shutdowns.
E) Any additional work not covered by this quotation will be regarded as an extra and may only proceed upon receipt of a written order or variation by the Customer.
A) Unless otherwise stated, prices are based on costs current at time of quotation, however unless otherwise agreed the price to be charged shall be based on costs incurred at the time of dispatch.
B) Quotations are based upon production capacity being available and upon mutual agreement of a programme of supply at the time of acceptance of the order. Failure of the Customer to meet the obligations of this programme may cause disruption and the Company reserves the right to charge any additional costs, either direct or indirect, arising there from. The Company will not be responsible for costs incurred by the Customer arising from any revision of the programme by the Customer, which result in delays.
C) Unless otherwise stated all invoiced amounts will include delivery charges.
A) The Company will endeavour to deliver the Goods in accordance with agreed times but will not accept any liability for lateness or out of sequence deliveries. The Customer will ensure adequate access to the specified delivery location. Quotations for delivery to site, unless otherwise stated, include for delivery to a point on a good hard road near to the site of work, determined by a representative of the Customer, in quantities of not less than 26 Tonnes. Where a road closure is deemed necessary by a representative of the Customer, this will be the responsibility of the Customer. Clear and suitable access must be available for the unrestricted movement of Company craneage where the quotation includes off loading. In the case of supply and delivery where the Customer is responsible for all off-loading and installation and the Company will accept no liability for any damage or other consequential costs that may be caused as a result of the inappropriate off-loading.
B) The Company does not guarantee deliveries at specific times. On delivery a maximum of two hours is allowed to the Customer for the off-loading of each conveyance used. The Company reserves the right to charge demurrage at a rate stated on quotation/ order form.
C) The endorsement of the delivery note at the point of delivery is proof that the goods are received in good condition. Any allegations of damage in transport must be endorsed on the delivery note and separate written notification made to the Company immediately giving full details.
6) RETURNS AND REFUNDS.
Goods shall not be returned to the Company’s works unless an arrangement has been made with the Company to that effect and receipt by the Company at its works or sales office or returned goods shall not be deemed to be evidence of any agreement to cancel an order nor an admission of any defect in such goods. Goods will only be exchanged or credited (where agreed by the Company) subject to a handling charge, if in good, clean and saleable condition, and returned to the Company carriage paid giving date of invoice or purchase. A further charge will be made for cleaning where necessary. Specially-made goods cannot be credited in any circumstances.
7) TERMS OF PAYMENT
A) Unless agreed otherwise in writing, the due date for full payment is the date of delivery and the final date for full payment is 28 days after this date.
B) The Company reserves the right to charge compound interest on overdue accounts. Rates of interest will be charged at Ulster Bank base rate plus 8% , charged daily with quarterly rests.
C) Failure to make payment in full by the due date may result in immediate suspension of performance, any outstanding amounts may be recovered as debt.
D) Goods held in stock beyond the programmed delivery or installation date shall be paid for as if delivery has been made at that time. The Company reserves the right to make an additional charge of base rate plus 8% per month on the value of goods held in stock, as calculated by the Company, beyond that date. This also applies to storage charges.
E) Not withstanding and the passing of risk in goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Customer until the Company has received in cash and/or cleared funds payment in full for all goods delivered to the Customer under this and all other contracts between the Company and the Customer for which payment of the full price of the goods there under 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 contracts between the Company and the Customer under which the goods were delivered.
F) All credit/debit card payments are processed using our payment service providers, Realex. This ensures that our customers’ transaction data is kept secure at all times.
8) RISK AND PROPERTY
A) The risk in the goods shall pass from the Company to the Customer upon delivery of such goods to the Customer.
B) Notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Customer until the Company has received in cash and/or cleared funds payment in full for all goods delivered to the Customer under this and all other contracts between the Company and the Customer for which payment of the full price of the goods there under 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 contracts between the Company and the Customer under which the goods were delivered.
A) Subject to the conditions set out below, the Company warrants that the goods will correspond with the specifications provided for in the quotation and will be free from defects in material or workmanship.
B) The Company shall be under no liability under the above warranty:
I. In respect of any defects arising from any drawing, design or specification supplied by the Customer.
II. In respect of any defects arising from normal wear and tear, wilful damage, negligence, installation or erection by the customer.
C) War, fire, tempest, lock outs, strikes, accidents, break downs, inclement weather and other circumstances beyond the Company’s control shall receive it of all liability for Loss, damage, injury or delay caused thereby or arising in any way in connection therewith.
D) Liability for defective goods or workmanship shall be limited to the replacement value of those goods or that workmanship. No liability shall attach to the Company for any consequential loss.
10) DISPUTE RESOLUTION
A) The Company reserves their rights under common law and statute to pursue any dispute or differences in respect of any matter arising in relation or pursuant to this contract at any time. Any dispute or difference may be referred to an Adjudicator and the works hereby agreed to be a Construction Contract to which the Construction Contracts (Northern Ireland) Order 1997 applies.
B) Any dispute arising in connection with the Contract shall be settled by an Arbitrator agreed/ Appointed by the RCIS
11) THIRD PARTY RIGHTS
None of the provisions of this agreement are intended to or will operate or confer any benefit (pursuant to the Contracts (Rights of Third Parties) Acts 1999) on a person who is not named as party to this agreement.
12) DATA PROTECTION ACT
The Company reserves the right to retain on file Customer information. This information is for the internal use of the Company and will not be supplied to outside parties except in the enforcement of this Contract.
A) If any revision of these conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and /or the remainder of the provisions in question shall not be affected thereby.
B) These conditions and the Contract between the Company and the Customer shall be Governed by the Laws of Northern Ireland.
C) The Company requires adequate time, as determined by the Company, from receipt of full and final dimensioned project drawing/ details, to design, manufacture and deliver their goods and this must be taken into account by the Customer in relation to the end programme date.