Terms
and Conditions of Sale
Vale Conservatory Company Ltd.
1. In these conditions of sale the following terms shall have the
following meanings:- The Agent is Vale Conservatory Company Limited.
The Company is A & J Sectional Buildings Limited. The building(s)
is the building, erection or construction or the part or parts thereof
described in the Order including all items incidental or ancillary
thereto as specified in such Order. "The Customer'' is the
person or persons, firm or company who has agreed to purchase the
building(s).
2. No variation of these Conditions shall apply unless confirmed
in writing by the Company from its head office. No employee other
than a director has the authority to verbally or in writing agree
any variation of these terms; only a director may do so, in writing.
3. PAYMENT TERMS. Subject to the agreed deposit having been paid
to the selling agent, the balance of payment is due to the Company
either 7 days prior to the delivery date notified by the Company,
or to the driver on delivery. Failure to pay on time will delay
delivery. Where the Company is manufacturing a special building
to Customer's order, the Company reserves the right to have full
payment made before any manufacturing process takes place.
4. All dates and periods of time given or specified by the Company
in quotations and contracts are business estimates only and although
the Company will use its best endeavours to adhere to any dates
or periods of time given, the Company shall not be liable in any
way whatsoever for any direct or consequential loss which may result
from the delay in the delivery of any building. The Company cannot
be held responsible for delays caused by force mejeure, adverse
weather conditions, strikes, lockouts, civil commotion or by any
other cause beyond the control of the Company and such delays shall
not be a basis for cancellation of the Order.
5. Where the customer requires a delay in the immediate processing
of an Order, the Company reserves the right to vary the price accordingly.
6. The Customer shall notify the Company if there are any difficulties
regarding access from the public highway to the Customer's address
where the building(s) are to be delivered and upon such notification
the Company reserves the right to make an additional delivery charge.
In addition, where the building is being erected by the Company
it is the responsibility of the Customer to ensure that access for
the building through the Customer's premises to the erection site
is suitable, bearing in mind the size of the building ordered. A
charge for wasted time will be made if the access is not suitable.
7.(a) The risk in the building(s) shall pass to the Customer on
delivery to the address designated by the Customer and the Customer's
liability to the Company for the price will not be affected by any
subsequent loss or damage. Until the Company has been paid in full
for the building(s), even though the risk shall have passed to the
Customer, the property in the building(s) shall not pass to the
Customer but shall remain vested in the Company until full payment
has been received by the Company and until such time the Customer
shall hold the budding(s) as Baileee for the Company. Such sums
shall not be treated as paid until all cheques, bills, etc., have
been honoured. In the event of default by the Customer the Company
shall be entitled forthwith to repossess any building(s) which remain
the property of the Company and the Customer shall for the purpose
allow the Company access and entitlement to enter upon any premises
where the Customer is in occupation or to where he has access and
where any such building(s) may be for the purpose of such repossession.
(b) The Customer shall only be at liberty to resell the goods purchased
from the Company prior to the passing of title on the conditions
that it will hold on trust for the Company so much of the proceeds
of the sale as are necessary to discharge payment in full to the
Company.
9. Illustrations, photographs, descriptions, information and statements
contained in the Company', brochures and literature are intended
only as a general guide and do not form any contract, nor do the
same constitute any representation by or on behalf of the Company.
10., The Customer shall inspect the building(s) on delivery and
shall notify the Company in writing within 14 days of any complaint
that the building(s) is incomplete and/or damaged and failing such
written notification the Customer shall be deemed to have accepted
the building(s) as complete and intact.
I I No Guarantee, Warranty or other representation is given by the
Company concerning the incidence, prevention or elimination of condensation,
nor have its agents authority to give such representations or warranties.
12. For installation purposes, the Customer hereby agrees to allow
access during normal working hours, and free use of electricity.
The Customer further agrees to be responsible for providing a clear
working area including the moving of any shrubs, plants, trees,
telephone, TV and electrical cables as necessary.
13. Where the Company undertakes the erection of the building(s)
it will ensure that reasonable care and skill is employed in carrying
out the work.
No responsibility is accepted for shrinkage of timber which occurs
notwithstanding the timber conforming to that specified, or abnormal
shrinkage the result of excessive or rapid heating.
The Company may sub-contract the whole or any part of the work.
14. IT IS THE RESPONSIBILITY OF THE CUSTOMER to ensure that all
permissions, approvals and other consents are obtained and the Customer
will keep the Company indemnified against all liability costs and
expenses which may arise in the event of the building(s) being erected
without any necessary permission, approval or consent.
15, It is an express condition that where the Company is undertaking
the erection of a building on the Customer's prepared base area
chat THE CUSTOMER is responsible to ensure that the base area is
complete and constructed to give a level base area of suitable size.
If, on the arrival of the Company's installers the base area proves
to be unsuitable, the Company will charge for the labour for two
men plus all travelling expenses.
16 It is an express condition chat the Customer is responsible for
ensuring adequate ease of access at the time of delivery. Failing
to provide this, the building will be delivered and left for the
Customer to arrange its own installation without any reduction in
cost.
17. It is an express condition that the Customer shall give full
and proper address details sufficient to clearly identify the delivery
address.
18. Typographical and%or clerical errors or omissions shall be subject
to correction.
19. Any provision in these Conditions which in any way now or subsequently
contravenes the law subsisting in the United Kingdom shall be deemed
severable and shall not affect any other provision herein.
20. The Agent does not and cannot accept any responsibility for
the quality and/or the suitability of the building above any undertaking
given by the company within these terms and conditions.
21. Any complaints should in the first instance be addressed to
The Company.
22. The customer agrees in the unlikely event of a dispute to go
to arbitration and be bound by the decision of the same. |