These terms and conditions shall govern all contracts entered into by GAS-TEC LIMITED of 12a-14 Phoenix Road, Crowther Industrial Estate, Washington, Tyne & Wear (‘the Company’) for the supply and sale of goods and materials. Any variation or addition to the terms and conditions or any conditions inconsistent therewith in any document of the buyer or which the buyer might seek to impose on the Company is inapplicable unless accepted in writing by the Company.
Any tender or offer quotation or other information sent or provided or made available by the company or by any of its representatives to the buyer shall have no contractual effect and shall not be binding on the Company unless specifically confirmed in writing by the Company.
In the event of damages the buyer must notify the Company on the day of receipt as carriers generally will not accept claims after the expiration of that period.
Any time or date of delivery named by the Company or its representatives is an estimate only and the Company shall not be liable for the consequences of any delay and delay will not entitle the buyer to claim damages and/or repudiate the agreement.
The balance of call-off orders have to be taken delivery of within the agreed period. If any part of a call-off order remains outstanding after the agreed period the Company will deliver such order or the remaining part thereof without notice to default.
Goods presented by the buyer to be defective shall not form the subject of any claim for work done or for any loss or damage or expense whatsoever arising directly or indirectly from such defects. Such goods if returned to the Company at the expense of the buyer and provided the complaint has been received by the Company within 14 days from the date of delivery and accepted by the Company as defective, will at the opinion of the company be repaired or replaced by goods as nearly similar to the goods originally ordered. No defect or damage suffered by the buyer shall be a ground for cancellation of the remainder of the order or contract or for repudiation of the contract.
Complaints shall not entitle the buyer to suspend payment of any invoice rendered by the Company. Invoices rendered b y the Company shall be paid promptly in the agreed date(s) without any deduction except agreed to in writing by the Company.
All invoices shall be paid within 30 days of the date thereof by payment expressed therein, the Company shall be entitled to charge interest at the rate of 1.5% for every month or of part month over any amount of which payment is overdue. The buyer shall pay the Company, the Company’s costs and expenses incurred in collecting the debt of the buyer to which the company even if such costs and expenses do not qualify as legal costs.
Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption as a result of strikes, lock out, trade disputes, delay or interruption in supplies to the Company, acts of state and God, breakdown, accident or any cause whatsoever beyond the control of the Company.
Under the provisions of section 19 of the Sale of Goods Act 1979, the seller reserves the right of Title to the goods which are the subject matter of each contract until it has been paid in full or until monies owing have been paid in full by the buyer.
Should the goods be sold by the buyer before the above condition regarding payment has been met, the Seller’s interest shall attach to the proceeds of such resale, whether received or receivable, without prejudice to any further claim that the Seller may have against the Buyer under this contract. For the purpose of identifying similar goods supplied on several contracts, it is assumed that they have been sold in strict date rotation.
The goods shall be at the Buyers risk from the time of delivery to the Buyer or to any carrier or agent acting on his behalf.
The terms of each contract do not entitle the Buyer to return goods or refuse or delay payment on them on the grounds that the property in them has not passed to the Buyer.
If the buyer shall make default in or commit a breach of contract or of any other of his obligations to the Company or if any distress shall be levied upon the buyers property or assets or if the buyer shall make or offer to make an arrangement or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or if the buyer is a company and a resolution or petition to wind up such company’s business (other than for the purpose of amalgamation or reconstruction) shall be passed or represented, or if a receiver of such Company’s undertaking property or assets or any part thereof shall be appointed, the Company shall have the right forthwith to determine any contract the submitting and upon written notice of such determination being posted to the buyers last known address any subsisting contracts as will be set out in the notice shall be deemed to have been determined without prejudice to any claim or right the Company may otherwise make in exercise.
Any dispute under the contract shall be referred exclusively to the Court of Sunderland. These conditions and the contract shall be subject to and construed in accordance with English Law.