Terms & Conditions
GRIFFIN GLASSHOUSES LTD CONDITIONS OF SALE
Definitions: Griffin Glasshouses Limited is referred to as “The Company” the Client/Company or Agent who places an order and enters into a binding contract with Griffin
Glasshouses Limited is referred to as “The Buyer”.
1. Quotations by the company do not constitute binding offers open for acceptance but provide an indication of prices at which acceptance of orders will be considered.
2. All prices are, unless otherwise specifically stated, based upon current costs of labour, materials and transport and such prices are subject to fluctuation in the event of any variation of these costs.
2a. CURRENT PRICES
If for any reason a contract is delayed, the Company will have the right to invoice the Buyer, based upon the current costs of everything pertaining to the contract.
3. The Company will be free to accept or reject any order.
4. In the event that the company accepts any order a binding contract will exist from the time when the Company posts or teleprints the appropriate confirmation to the Buyer.
4a. CANCELLATION OF CONTRACT
Except in exceptional circumstance and by written agreement, the Company will not accept the cancellation of contract. In such a situation there will be no refunds on deposits paid. If the Company has incurred substantial costs greater than the sum deposited at this stage, the Buyer agrees to reimburse the Company for the extra costs.
5. No person has any authority to modify the conditions of sale orally and no oral modifications will be effective. If an order is made on terms which conflict with these conditions of sale, such terms shall not take effect unless expressly agreed in writing, signed by a duly authorised officer of the Company.
6. All contracts made between the Buyer and the Company shall be governed by and construed in accordance with English Law.
7. The Company will use all reasonable efforts to fulfil accepted orders within a reasonable time but any date of delivery named by the Company is an estimate only and the Company shall not be liable for the consequences of any delay however it is caused.
8. Orders for non-stock items and for goods made or obtained specially cannot be cancelled or the goods returned without the Company’s prior agreement.
9. All illustrations, drawings etc, given by the Company or contained in its catalogues, price lists or advertisements must be regarded as approximate representations only and are not binding in detail. All particulars of the goods offered by the Company are given in good faith as being approximately correct but will not form the basis of any claim against the Company.
10. In the event of the Company or his agent being requested by the Buyer or his agent to make any alterations or additions to any works undertaken by the Company (including work in progress) the Company shall be entitled to make extra charges to cover the cost of such alterations or additions and the Buyer shall obtain an estimate of such extra charges from the Company and confirm his acceptance thereof before requiring any alterations or extra work to be put in hand. Any failure on the part of the Buyer to comply with this condition shall not affect the Company’s right to recover from the Buyer any extra costs incurred by the Company.
11. The Buyer shall not be entitled to make any deduction from the price in respect of any set-off or counter claims.
12. The risk of any loss or damage to or deterioration of the goods from whatever cause arising shall be borne by the Buyer from the time that the property passes to him.
13. Unless otherwise agreed it is the Buyer’s responsibility to unload goods which are delivered direct to his premises by the Company’s employees or carriers engaged by the Company.
14. In respect of goods which are found to be defective in manufacture or which do not comply with an accepted order, provided that the Buyer notifies the Company in writing of any defects or variations from the order within 5 days from receipt of goods. The Company will have complete discretion in every case as to whether replacement or full credit is allowed. In the event that the Company accepts liability goods will be returned to the Company after previous written authority and will be transported at the risk and cost to the Buyer to the Company’s factory from which supply was made. Arrangements for credit or replacements and for reimbursement of the cost of transportation will be made by the Company when the returned goods have been received. Credit will constitute replacement of goods or credit to the amount of the invoiced value of these goods.
The Company shall be under no liability to the Buyer for any consequential loss or damage whatsoever and will not consider claims from other parties in respect of the sale made to the Buyer. In respect of any goods or products supplied by the Company but manufactured by other firms, any warranties or guarantees given to the Company by such manufacturers or suppliers will, as far as the Company is able, be passed to the benefit of the Buyer.
The Company cannot be considered responsible for defects that are not covered by warranties or guarantees given by the manufacturers.
15. No responsibility is accepted by the Company in the unloading, working or carrying of customers’ own material but all reasonable care will be taken with all material.
16. All packages where charged for will be credited in full if returned carriage paid and in good condition.
TERMS OF PAYMENT
17. The Company reserves the right at any time to demand full or partial payment before proceeding or proceeding further with the contract.
18. Payment of all accounts is due strictly on invoice unless otherwise specified on the order acknowledgement. Interest at 2% per month is chargeable on all overdue accounts.
19. Each consignment will be invoiced separately and payment against our invoices shall fall due at this time. Should the customer wish to defer delivery of materials that have been prepared, these will be invoiced and the account shall fall due as stated above and if such materials are held in our stores we shall make additional charges for storage and handling.
20. PROPERTIES AND RISK
The risk in the goods shall pass to the Buyer on delivery, but ownership thereof shall remain in the Company until the Company shall have received payment in full, until such payment, the Buyer shall clearly identity the goods as being the property of the Company and shall not mix them with other goods. If the Buyer commits any act of Bankruptcy or if a petition is present of resolution passed to wind up the Buyer or if a Receiver is appointed over the whole or any material part of the assets or undertaking of the Buyer or if the Buyer fails to make punctual payment for the goods the Company shall be entitled forthwith to recover and resell any or all of such goods and to enter upon the premises of the Buyer with such persons and transport as may be necessary for the purpose of dismantling and removal.
21. ERECTION AND SITE WORKS
Where the Company undertakes erection or site work, free access to the site, where the works are to be carried out, shall be provided by the Buyer at all times.
22. Water, electricity and toilet cleaning facilities shall be made available free of charge, on the site where the works are to be carried out.
23. Where equipment and plant are delivered to the site where the works are to be carried out and are to be used in connection with the erection or site works, the Buyer shall take all reasonable precautions for the safeguarding of such equipment and plant. Loss or damage resulting from the Buyer’s failure to take such precautions shall be charged to the Buyer’s account as part of the price or erection or site work.
24. Where a structure or installation in whole or in part requires the consent of a Local Authority or similar body it is the Buyer’s responsibility to obtain such consent. Any expenses incurred by the Company through the Buyer’s failure to obtain the required permission will be charged to the buyer’s account as part of the price.
25. Time shall not be deemed to be of the essence of any contract between the Buyer and the Company and the Company shall not be responsible for any failure to commence or execute works by or within a given time. In particular the Company shall be under no liability of any consequential damage or loss which the Buyer may suffer by reason of any such delays as aforesaid.
If the Buyer should be in breach of these conditions through failure to meet the payment terms or paragraph 18 above the Company shall without prejudice to the generality of the foregoing or any other right available to the Company, be entitled to forthwith withdraw his labour from site and all additional costs incurred shall be charged to the Buyer’s account.
27. LIMITATION OF LIABILITY
Except in those cases where the absolute prohibitions against exclusion or restriction of liability contained in Sections 2(1), 6(1) and 6(2) of the Unfair Contract Terms Act 1977 apply the Company shall not be under any liability whatsoever or howsoever arising (including without prejudice to the generality of the foregoing liability wherever founded in contract, common law, or statute arising from the negligence of the Company or any person for whom the Company is vicariously liable) in respect of or in connection with:
i. Any defect in the materials which should reasonably have been discovered by the Buyer on inspection or test prior to acceptance.
ii. Any claim relating to consequential damage or loss and no claim in respect thereof shall in any circumstances be entertained by the Company.
The Buyer shall not assign or transfer or purport to assign or transfer any contract to which these conditions apply or benefit thereof to any other person whatsoever.
29. EXPORT CONTRACTS
The following additional provisions will apply to any order for the sale of goods when goods are exported outside the united Kingdom:-
The Buyer shall be solely responsible for the payment of all imports duties, charges and assessments and the obtaining of any necessary export and import licenses.
Where goods are sold F.O.B. or C.I.F all risk or loss or damage in transit shall pass to the Buyer when the goods are placed on board ship/delivery vehicle nothwithstanding that the property in the goods may not have passed to the Buyer and the Company shall be under no obligation to give to the Buyer notice specified in Section 32(III) of the Sale of Goods Act 1979.
The Company shall be under no liability whatsoever including (without prejudice to the generality of the foregoing) liability in sort arising from any defect in, failure of, unsuitability for any purpose of the goods (or any part thereof) and faulty design, implied, statutory or otherwise are hereby expressly excluded.
The Uniform Laws on International Sales Act 1967 is hereby excluded.
VALUE ADDED TAX
Value Added Tax will be charged at the Ruling Rate at the date of the tax point.