CONDITIONS OF SALE FOR GOODS SOLD BY
COUNTY CONSTRUCTION CHEMICALS LTD

 

Definition: The following Conditions shall apply to and form part of all quotations, offers and contracts for the sale of goods by County Construction Chemicals Limited hereinafter known as "The Company". In the following conditions the person, firm or company who has ordered or agreed to purchase goods from the Company is hereinafter known as "The Buyer".

 

Price: The price of any goods shall be the price quoted by the Company or the Company's advertised list price for those goods at the time any offer or order is accepted. The Company may vary the price of the goods by a reasonable amount attributable to any increase in the cost of materials, labour, transport, duties, taxes, exchange rates or any other costs occurring before the date of the delivery. Unless otherwise stated, all prices quoted for goods do not include carriage, packaging and other delivery costs. All prices are exclusive of value added tax and any other taxes and duties.

 

Ordering: Any order submitted to the Company for any goods is an offer to purchase those goods on these Conditions. All terms and conditions of the Buyer are hereby excluded. Unless otherwise stated, no quotation by the Company for the sale of any goods is a legally binding offer. Unless otherwise stated, an offer by the Company to sell any goods is open for acceptance until the date which is 30 days from and including the date of that offer and the Company shall be entitled to withdraw an offer at any time.

 

Delivery: The Company will utilise all reasonable endeavours to deliver goods by the agreed delivery dates or if no dates are stated, within a reasonable time. All delivery dates and times are estimates only. The Buyer shall not be entitled to refuse to accept late delivery. The Company shall not be liable for the late delivery or non-delivery of any goods owing to any event or circumstances beyond it's reasonable control, and delivery of any goods shall be suspended for so long as such event or circumstances lasts. The Company shall be entitled to withhold delivery of any goods where any amounts payable by the Buyer to the Company are overdue on any account whatsover. Risk of loss or damage to goods shall pass to the Buyer when the goods have been delivered to the Buyer, his agent, carrier or representative.

 

Inspection and Warranty: The Buyer shall inspect the goods immediately on receipt, and the Company shall not be liable for defects or shortages discoverable on reasonable inspection unless the Buyer notifies the Company within 3 days from and including the day of delivery. Where the Buyer notifies the Company of any defects or shortages, the Company's only liability shall be (at the option of the Company) to repair or replace defective goods, make good any shortages, or credit the Buyer with the invoice value of the goods in question. If the Buyer finds a material defect in the goods either within 3 months after the end of the month in which those goods were delivered, or by the expiry date of the goods if sooner, then the Company will at the Company's sole option, rectify any defect, or supply replacements for those goods, or credit or refund to the Buyer the invoice value of the goods provided that the Buyer informs the Company of the defect within 14 days after the date on which the Buyer becomes aware of the defect and that the defect existed in the goods at the time of delivery of the goods and the defect was not reasonably discoverable upon inspection at the time of receipt, and the defect did not result from any modification or alteration made to the goods by the Buyer, or from normal deterioration, or from improper or faulty handling, storage or use of the goods by the Buyer.

 

Liability: The Company's express liability under these Conditions shall be the Company's only liability for breach of any contract for the sale of goods. The Company does not warrant or agree that the goods will be fit for any special or unusual purposes, (whether or not the Buyer notified the Company of the same, or the Company was expressly, constructively or by implication aware of same). Notwithstanding any other provision of these Conditions, the total liability of the Company in respect of breach of any contract of the sale of goods or any representation given in connection with such a contract, whether in contract, tort (including negligence) statute or otherwise shall be limited to the purchase price for the goods. Notwithstanding any other provision of these Conditions, the Company shall not be liable to the Buyer in respect of breach of any contract of sale of goods or any representation given in connection with such a contract, whether in contract, tort (including negligence) statute or otherwise howsoever, for any of the following losses suffered, incurred or payable by the Buyer: any consequential, indirect or special losses, any loss of use, loss of profit, loss of revenue, or loss of contract, and any liability of the Buyer to any third party.

 

Payment: The Buyer shall pay an invoice from the Company within 30 days after the end of the month in which that invoice is issued. If the Buyer fails to pay any amount when due, the Company may charge daily interest on the amount at the rate of 3% per annum above the base lending rate for the time being of the Barclays Bank plc from and including the date when payment should have been made to and including the date when payment is received. The Buyer shall not be entitled to deduct or set off against any invoice any amounts in respect of payments due to it by the Company or any liability of the Company to the Buyer.

 

Risk and Title: Title to any goods shall remain with the Company until the Company has received payment in full in cash or cleared funds for those goods. Until title to any goods has passed to the Buyer, the Buyer may use or sell goods in the ordinary course of it's business, but the Buyer's power of sale shall cease immediately when payment for those goods becomes overdue, or upon notice from the Company terminating the power of sale. Where the Buyer's power of sale ceases the Buyer shall deliver to the Company on demand any goods in which the Company retains title and the Buyer authorises the Company to enter upon any premises to remove those goods.

 

Trade Marks and Company Logos: All patents, copyrights, designs, trade marks, company logos, and all other intellectual property rights, whether registered or unregistered, in any part of the world, developed by the Company in relation to the goods and services are and shall remain the property of the Company.

 

Jurisdiction: These Conditions and any contract to which these Conditions apply shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts.

please note: for full details of returns policy please see: returns