Terms and Conditions
CONDITIONS OF SALE
*We reserve the right to pass on to our customers appropriate credit card transaction charges.
All Orders accepted by the Company are subject to the following Conditions which shall prevail over all Conditions specified by the Buyer to the extent that the latter conflict or are inconsistent with them.
1. Definitions a) “Conditions” means these Conditions of sale:
b) “Order” means the Order hereby accepted by the Company;
c) “Goods” means the Goods the subject of the Order including Goods altered within 10 below;
d) “Buyer” means the party placing the Order.
The prices for the Goods quoted to the Buyer are subject to any increase by the Company in the prices of such products becoming effective before delivery of the Goods which will be invoiced at the price ruling at date of despatch.
a) The Company will use all reasonable endeavours to keep to agreed delivery dates which are quoted on the basis of existing commitments but will not be liable for delay in delivery however caused. The time of delivery shall not be of the essence.
b) The Goods will be sent to the Buyer at the address he specifies by post, road or rail, as the Company may decide to be most suitable, and the Buyer will be responsible for offloading or collecting the Goods as applicable. The Buyer will reimburse to the Company on demand the cost of such delivery (including packaging).
The Company will not be liable for loss or damage to the Goods during transit unless the Company and the carriers are notified within 3 days of delivery or (in the case of non-delivery) within 7 days from the date of receipt of the invoice
The Company warrants that the Goods will be of merchantable quality and will comply with their description, subject to normal trade tolerances, any claim In respect of this warranty must however be notified to the Company before the Goods are used and in any case within 14 days after delivery or, if the defect in respect of which a claim is made is a latent one, within 14 days after the defect should reasonably have been discovered.
The Buyer assumes responsibility for the Goods being reasonably suitable for the purpose for which they are required.
The Goods shall pass to the Buyer on delivery.
8. Retention of Title:
a) Goods in any Order or Installment of Order remain, with all legal and beneficial or equitable interests, the property of the Company until payment is received in full of all sums owed by the Buyer on any account whatsoever. Until such time the Buyer shall be holding the Goods in trust on behalf of the Company and shall store them upon his premises separately from his own Goods or those of any other person and in a manner which makes them readily identifiable as the Goods of the Company.
b) If Goods belonging to the Company are united in any way with those of the Buyer the product thereof shall become and shall be deemed for all purposes to be the property of the Company If Goods belonging to the Company are united in any way with the property of any person or persons other than the Buyer or incorporated therein the product thereof shall become and shall be deemed for all purposes to be owned in common with that of the person or those other persons.
c) The Buyer, In accepting delivery of any Goods before payment, Is thereby deemed irrevocably to authorise the Company to repossess any or all such Goods when and if payment is not made in accordance with these terms of business or at any time if the Buyer commits any act which, if committed by an individual, would amount to an act of bankruptcy. The Buyer hereby grants to the Company full and irrevocable authority to repossess and to enter the Buyer’s premises during normal business hours causing no unnecessary damage, to effect repossession.
d) If any Goods are sold by the Buyer before all sums owed to the Company by the Buyer on any account whatsoever have been paid in full, the Buyer shall be deemed to be acting on such sale as agent for the Company and shall receive the proceeds of sale as such and shall immediately pay the entire proceeds of the sale into a fiduciary account with his bankers and advise them that he holds the entire proceeds of sale upon an immediate trust to pay the same to the Company and that not until payment to the Company of the agreed price shall he be entitled to transfer any profit thereon to any other account. The Buyer shall not mix such proceeds with any other monies and shall not pay the cheque or cash therefore into an overdrawn bank account.
e) Notwithstanding the foregoing, the risk in Goods passes to the Buyer upon delivery of them to the Buyer or his representative and the Buyer agrees, at its expense, to ensure such Goods thereupon against theft and fire and comprehensive risks.
If any Goods are ready for delivery but are held back at the Buyer’s request or the Buyer fails to accept delivery, the Company may require the Buyer to pay reasonable storage charges (as determined by the Company) after the expiry of 7 days from the date of the Buyer being notified that the Goods are ready for despatch.
Orders placed cannot be altered, suspended or cancelled except without the Company’s written consent and on terms which will indemnify the Company against loss. As a minimum cancellation will be charged at full costs plus 45% or full costs plus £250.00 administration charge whichever is greater.
11. Return of Goods:
No Goods are to be returned to the Company without the prior consent of the Company
12. Payment Monthly:
credit accounts will be opened on receipt of two approved trade references. Alternatively, arrangements can be made to make supplies C.O.D., or against Pro-forma Invoice or debit and credit cards.
The Company shall not be liable for any consequential or special loss arising out of the breach of condition, warranty or contract on the part of the Company in respect of the Goods. The Company’s liability for any such breach in respect of the Goods shall be limited to their net invoice value or (at the Company’s discretion) to replacement of the Goods.
The contract formed by the Order and this acceptance shall be governed by and construed in accordance with English law. Any disputes arising out of these Conditions shall be submitted exclusively to the jurisdiction of the English Courts.
15. Sales / Marketing:
We reserve the right to photograph or film our work for reference and sales and marketing purposes, these imagines may be displayed on line or in our literature.
16. Site Attendance’s (By Main Contractor):
All protective hoarding, mechanical hoisting facilities and scaffold to be fully compliant with current safety legislation.
Welfare facilities on site to be available for our operatives.
Provide free electrical power (110 volts 15 amp) within a distance not exceeding 25mtrs from each working force.
Suitable and secure storage area to be available with site waste disposal facilities.
Unobstructed and constant access to our working positions all in accordance with HSE guidelines, we reserve the right to abort a visit should site conditions be deemed not suitable in any way that may cause risk to operatives under our supervision.
All procurement and installation dates to be agreed.
Use of Cranes, Unloading, Hoisting and distribution of our materials to working area / levels to be agreed.
Our offer is based upon normal working hours, with uninterrupted access at all times.
The quotation is offered on the basis that the sub-contract will be executed under an un-amended form of contract.
This offer is made without engagement and any resulting order requires our acceptance in writing in order to make it a contract.
Our offer excludes the provision of any bond or Warranty unless specified.
Should the Sub-contract programme be extended over and above the fixed price then this could incur extra costs.
Emergency and short notice Day work rates (less than 48hrs)
To be calculated as follows: Labour: Cost + 75% Material: Cost + 45% Plant: Cost + 20%
17. Salvage rights:
2h Storage Solutions Limited retains the rights to dispose of any or all materials related to the property or contract, unless the client has given us written notice that they will retain the salvage prior to work commencing.
18. VAT :
VAT will be charged at the current rate at time of invoice.
19. Composite pricing:
Please be advised that the price in this quotation is based on all of the items being accepted. This represents a composite price based on the amount of work, deliveries and the time that will be consumed providing these works.
20. Payment schedules and Project certification:
By excepting our quotation you the customer agree to our payment secludes detailed in the quotation and all invoices raised by 2h Storage Solutions Limited must be paid in full as detailed in the quotation and our standard terms and conditions without exception or retentions. Once all invoices have been settled in full any outstanding project certification will be provided for example Building Control Completion Certificates, NIC of other project certificates. These certifications will only be provided if 2h Storage Solutions Limited has been contracted to provide these and retained to provide or manage all elements of the project. Bank guarantees and prepayment bonds a covering charge for 2h Storage Solutions Limited costs and administration time will be levied at 5% of contract value if these are required.
Registered Company No. 04991964