All sales of goods (“the Goods”) by Ashmead Building Supplies Ltd (“Ashmead”) to Customers (“the Customer”) are subject to the following Terms and Conditions :-
1.1 All Goods will be charged at the price ruling at the date of dispatch, and any other price information given whether orally or in writing shall be taken as a guide only.
1.2 Value Added Tax is calculated at the appropriate rate on the Goods Total of invoice after all discounts have been deducted at the appropriate tax point.
2. Illustrations and/or descriptions of goods offered are as accurate as possible, but are not binding as to detail.
3.1 Orders may not be cancelled without Ashmead’s agreement in writing. Cancellation will not be accepted in respect of orders for Goods made or obtained to special order.
3.2 Ashmead will not accept the return of Goods (other than returnable empties) except where previously agreed in writing, and in such cases reserves the right to make a handling / re-stocking charge.
4. Ashmead accepts no responsibility or liability for any advice given or recommendations made by Ashmead / its employees / agents to the Customer, his employees or agents as to the storage, application or use of any Goods, unless that advice or recommendation has been confirmed in writing.
5. The Customer shall be responsible for ensuring that all statutory, government or local authority regulations are compiled with in relation to the use and handling of any Goods purchased from Ashmead. The Customer shall ensure that all instructions, hand books, notices and warnings issued with the Goods are properly understood and complied with at all times by all persons using the Goods or working within close proximity to them. Customers shall at all times while on Ashmead’s premises comply with Ashmead’s Health and Safety Rules which are located on noticeboards in the sales office.
In respect of any order for timber:
6.1 Ashmead reserves the right to make a cutting charge in respect of timber cut to the Customer’s requirements
6.2 Ashmead reserves the right to supply and be paid for the next largest available thickness/length
6.3 the measurements or dimensions or finish of timber are nominal in accordance with normal trade usage
6.4 Ashmead accepts no responsibility or liability in respect of variations which are the result of or due to:
(i) normal manufacturing process
(ii) cutting to the Customer’s requirements / order
7.1 (a) Delivery will be made to the nearest point to the delivery address provided by the Customer, that Ashmead’s driver considers to be safe.
(b) It is the Customer’s responsibility to provide labour/manpower necessary for unloading Goods delivered.
7.2 Offers to deliver from stock are made subject to Goods remaining unsold on receipt of order.
7.3 Delivery dates are given in good faith, but time is not of the essence and Ashmead accepts no responsibility or liability for any direct or consequential losses caused or contributed to by delayed delivery.
8. Ashmead reserves the right to subcontract any work or order.
9. DAMAGES / SHORTAGES/ NON DELIVERY
9.1 Any claims for short delivery, or damage in transit shall be made in writing to Ashmead, and to all and any carriers by whom the Goods were delivered, within 3 days of delivery;
9.2 Any claims in respect of Goods alleged to be not in accordance with the contract shall be made in writing to Ashmead within 3 days of delivery;
9.3 Any claims in respect of Goods alleged to be defective shall be made in writing to Ashmead within 3 days of delivery OR within 3 days of the date when (in Ashmead’s opinion) the Goods alleged to be defective might reasonably have been tested;
9.4 Any claims in respect of non-delivery shall be made in writing to Ashmead within 7 days of the date of Ashmead’s advice note;
9.5 Ashmead accepts no liability in respect of any claims made except in accordance with this clause 9.
10 In respect of any claim made under clause 9 hereof, Ashmead’s total liability for loss howsoever arising and whether direct or consequential shall be limited to the contract price of the goods.
11.1 Except as otherwise provided herein, account customers shall settle each invoice by the last day of the month following the month of supply, unless otherwise agreed in writing
11.2 Where Goods are ready for delivery and delivery is withheld at the Customer’s request, Ashmead shall render an invoice the date of which shall for for the purpose of sub clause 11.1 be regarded as the date of supply
11.3 In the event of any breach of sub clauses 11.1 and 11.2 of this clause, all invoices then unpaid shall be paid forthwith
11.4 Interest will be charged at 3% above National Westminster Bank PLC’s base rate per annum on all overdue accounts
11.5 In the event of any breach of this clause Ashmead reserves the right to discontinue further supplies to the Customer
11.6 Ashmead reserves the right to decline to open, or close, or reduce the credit limit limit of any account at any time without giving notice or reason, and to request further references before re-opening or extending the credit limit of any account
12. RISK AND RETENTION OF TITLE
12.1 The risk in the goods shall pass to the Customer on delivery and Ashmead accept no responsibility or liability for the Goods thereafter (except as may be provided otherwise herein)
12.2 Following delivery the Goods shall remain the sole and absolute property of Ashmead until all debts owed by the Customer to Ashmead (whether part paid, secured or otherwise) are settled.
12.3 Until payment as above, and subject to the following provisions, the Customer holds the Goods as bailee of Ashmead and owes to Ashmead the normal fiduciary obligations of a bailee by way of custody in respect of the Goods. In sofaras the Customer shall, or shall purport to, offer for sale and sell the Goods, it shall do so as agent for Ashmead. Ashmead shall, by reason of the said relationship of bailment between the Customer (as bailee) and itself (as bailor) be and remain legally and beneficially entitled to the proceeds of sale and the Customer shall pay such proceeds of sale into a separate account or, otherwise, shall ensure that all the proceeds of sale are kept by or on behalf of the Customer in a separate and indentitiable form. The proceeds shall not be paid into an overdrawn bank account. Upon receipt of the proceeds of sale, the Customer shall discharge the debt due to Ashmead and shall not use or deal with the proceeds of sale in any way whatsoever until such debt has been discharged.
12.4 If any of the Goods is incorporated in or used as material for other goods before payment to Ashmead, the property in the whole of those goods shall be and remain with Ashmead until payment shall have been received or the other goods have been sold and all Ashmead’s rights under these terms in the material shall extend to those other goods. Ashmead’s right to the material and/or the other goods is recognised in this clause and it is the intention of both parties that ownership of that material and/or goods shall vest in Ashmead.