Terms and Conditions of Sale

In these conditions 'the Company' means 'Local Building Supplies'.

1. General

1. All quotations are made and all orders are accepted by the Company subject to the conditions of sale and the exclusion of any set of standard terms and conditions stipulated incorporated or referred to in the Customer's order or other documentation.
2. Quotations may be withdrawn by the Company at any time and if not withdrawn shall lapse 30 days from their date.
3. If any statement or representation has been made to the Customer (other than in the documents enclosed with the Company's quotation) upon which the Customer wishes to rely he shall set out that statement or representation in his order. The Company reserves the right to clarify any such statement or representation and to submit a new quotation if appropriate.
4. Orders expressed to be placed and acknowledged as reservation orders shall be deemed to be cancelled if not confirmed by the Customer and accepted by the Company within 6 months of their being placed.

2. Samples and Specifications

1. Any sample supplied to a Customer is supplied only to give a general indicator of the quality colour and/or type thereof and shall not constitute any subsequent sale a sale by sample.
2. The Company shall not be under any obligation to check or verify the accuracy of any plans or specifications supplied by the Customer for the manufacture of the goods and the Customer shall indemnify the Company against any loss arising directly or indirectly from any error, inaccuracy or omission or fault in such plans and specifications.
3. Where the Customer provides plans and specifications for the goods the Customer shall procure that any shop drawings for the goods which the Company shall prepare shall promptly upon request be approved by the Customer's architect and general contractor. The Company shall have no responsibility for the adequacy of such drawing after they have been approved as aforesaid.
4. Only where it has undertaken its quotation to supply goods in conformity with a particular British Standard shall the Company be obliged to supply goods complying with British Standards. In all other cases the Company does not guarantee precise specifications of the goods.

3. Delivery & Unloading

1. Delivery dates are given as accurately as possible but while every reasonable effort will be made to comply with those dates compliance is not guaranteed and the Customer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
2. The date of delivery shall in every case be dependent upon prompt receipt of all necessary information and final instructions or approvals from the Customer. Any alterations by the Customer in design, specifications or quantities required to which the Company may agree may result in delay in delivery.
3. The Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery but shall be under no obligation to do so. Without prejudice to its other rights the Company reserves the right to cancel any order in whole or in part if collection or delivery is delayed by the Customer for any reason for a period exceeding sixty days from the due delivery date. Where delivery or collection is postponed otherwise than due to default by the Compay the Customer may be required to pay all costs and expenses occasioned thereby including a reasonable charge for storage and transportation.
4. Where delivery is the responsbility of the Company the Compay may with the consent of the Customer arrange delivery by British Rail. The conditions of carriage of British Railways Board in force at the time of delivery shall apply to such delivery and the goods shall be deemed to have been delivered by the Company to the Customer upon the Company's delivery to British Rail.
5. Where the price includes delivery to site this is based on full vehicle loads and delivery will be at the nearest point via and on a hard road suitable for vehicles. The Customer will be responsible for ensuring that delivery is effected promptly and without cost to the Company and the Company will be entitled to charge the Customer for any undue detention of vehicles.
6. Where the price does not include delivery to site the Customer will be responsible for directing loading of the goods by the Company's personnel and for carrying away the goods in its vehicles from the premises of the Company on dates at times and by entrance and exit roads specified by the Company.

4. Risk & Title

1. Risk shall pass to the Customer when the goods are unloaded in the case of delivery to site and immediately upon loading where the goods are collected from the Company's premises by the Customer or on his behalf.
2. The date of delivery shall in every case be dependent upon prompt receipt of all necessary information and final instructions or approvals from the Customer. Any alterations by the Customer in design, specifications or quantities required to which the Company may agree may result in delay in delivery.
3. (a) Title to the goods shall pass to the Customer when payment in full therefore has been made or when the Company serves written notice upon the Customer specifying that title in the goods has passed whichever shall occur sooner and the Customer shall permit the servants or agents of the Company to enter onto the Customer's premises or the site upon which the goods are located to repossess the same at any time prior thereto.
   (b) The Customer shall be entitled to resell the goods or part thereof prior to the passing of title only upon the condition that the Customer will hold on trust for the Company so much of the proceeds of sale received by the Customer under contracts which include any of the goods hereby sold either in their original or altered state as are necessary to discharge payment in full to the Company.

5. Prices

1. The price is fixed only where the Company has expressly so stated in writing and has given the period during which the price will be fixed.
2. (a) In all other cases the price for goods remaining to be delivered will rise or fall by the same amount as that of:
   (a) any general ex-works price increase or decrease applying at the Works of the Company from which the goods are to be supplied to the class of goods in question; and
   (b) any increase or decrease in the cost to the Company of delivering goods for which it has stated a delivered price.

6. Terms of Payment

1. Where the Company has not agreed to give any credit payment is due at the time the order is accepted by the Copany and must be made before dispatch of the goods.
2. Where the Company has agreed to give credit payment will be due on the last day of the month in respect of goods dispatched in the previous month.
3. The Company may at any time withdraw any credit facility and require payment for each consignment when it is available and before it is dispatched.
4. No disputes arising under the contract nor delays shall interfere with prompt payment by the Customer. The Customer may not set up against the Company any breach of warranty or condition (express or implied) in diminution or extinction of the price and Section 53(1) of the Sale of Goods Act 1893 is hereby excluded.
5. In the event that payment is not made by the Customer on or before the due date for payment the Company reserves the right to charge interest at 2% per month compound during the period of delay and to withhold further deliveries or to cancel any unexecuted part of the contract without liability for any consequential loss of profit or damages.
6. In the event of such cancellation or suspenion of deliveries the Customer will be liable to pay the Company:-
   (a) net cash forthwith for all goods which have been delivered by the Company to the Customer under whatever contract for which payment has not be made; and
   net cash before dispatch of any further goods.
7. Any cancellation of the contract or suspension of deliveries under these conditions of sale shall not prejudice any rights the Company may have against the Customer.

7. Shortages, Defects & Colour Shade Variations Apparent on Inspection

The Customer shall have no claim for shortages and/or colour, shape and texture variations apparent on inspection unless:-

1. the Customer inspects the goods within three days of arrival at its premises or site; and
2. a written complaint is made to the Company within fourteen days of receipt of the goods or such shorter period as the Carrier's conditions (if applicable) require specifying the shortage, defect or colour shade variation; and
3. the Company is given an opportunity to inspect the goods and investigate any complaint before any use is made of the goods.

If the complaint is not made to the Company as herein provided then the goods shall be deemed to be in all respects in accordance with the contract so far as defects apparent on inspection are concerned and the Customer shall be bound to pay for the same accordingly.

8. Defects Not Apparent on Inspection

1. The Customer shall have no claim in respect of defects not apparent on inspection at the time of delivery unless:-
   (a) a written complaint is sent to the Company as soon as reasonably practicable after the defect is noticed and no use is made of the goods thereafter and no alteration made thereto by the Customer before the Company is given an opportunity in accordance with sub-paragraph (iii) of this Condition, to inspect the goods; and
   (b) the complaint is sent within the guarantee period specified by the manufacturer of such items.
2. The Customer shall be responsible for ensuring that goods used are suitable for the purpose for which they are required and shall not be entitled to any claim in respect of any defect arising by reason of fair wear and tear or damage due to misuse or due to incorrect exposure to the effects of the weather.
3. The Company may, within 15 days of receiving such a written complaint, inspect the goods and the Customer, if so required by the Company, shall take all steps necessary to enable the Company to do so.
4. In the event of the condition of the goods being such as might or would (subject to these Conditions of Sale) entitle the Customer to claim damages, or to repudiate the contract (whether or not the same is apparent on inspection) the Customer shall not then do so but shall first ask the Company to supply satisfactory substitute goods and the Company shall there upon be entitled at its option to take back the defective goods and to supply satisfactory substitute goods free of cost and within a reasonable time. If the Company does so supply satisfactory substitute goods the Customer shall be bound to accept such substituted goods and the Company shall be under no liability in respect of any loss or damage whatsoever arising from the initial delivery of the defective goods or from the delay before the substitute goods are delivered.

9. Liability

Save where the Company is shown to have failed to exercise reasonable care in the manufacture and supply of the goods, the Company shall not be liable in any circumstances in respect of death or personal injury and under no circumstances whatsoever shall the Company be liable for consequential loss, loss of profits or damage to property.

10. Insolvency

If the Customer shall become bankrupt or compound with creditors or in the event of a resolution being passed for or proceedings commenced for the liquidation of the Customer (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a Receiver or Manager is appointed of all or any part of its assets or undertaking the Company shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any right or remedy accrued or accruing to the Company.

11. Force Majeure

The Company shall not be under any liability for any delay, loss or damage caused wholly or in part by act of God, governmental restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves its employees or not or by reason of any other act, matter or thing beyond its reasonable control.

12. No Assignment

The Customer shall not assign this contract without the written consent of the Company.

13. Legal

The contract shall be governed and interpreted exclusively according to the law of England and shall be subject to the jurisdiction of the English Courts only.