a) All goods services supplied by SJ Harris Services (Cirencester) Ltd t/a SJH Services Ltd hereinafter called “the Vendor” are supplied by the basis of these terms and conditions.
b) Placing of any order on the Vendor by any person hereinafter called “the Purchaser” or the acceptance of any goods or services implies acceptance of these terms and conditions and no other terms and conditions shall apply unless they have been expressly agreed by the Vendor in writing.
c) The Vendor reserves the right at any time to refuse orders.
d) No variation of an order will be recognised unless agreed by the Vendor in writing.
e) Quotations are not an offer and no contract shall come into existence unless and until the Vendor has accepted in writing the Purchasers official order to carry out the service or supply the goods specified in our quotation and any such quotation and or design will be based strictly on the information provided to the Purchaser by the Vendor.
f) The heading in these Conditions are for convenience only ad shall not affect their interpretation.
Delivery of Goods by the Vendor
a) The Vendor shall use its best endeavours to start and complete the contract within the agreed time but the Vendor shall in no circumstances be liable for any loss or damage consequential or otherwise caused directly or indirectly by any delay in the delivery of goods or in the completion of the contract.
b) Non-Receipt and Damaged Goods
1) Claims for goods rejected as damaged can only be allowed if the goods have been for as “damaged” or “unexamined” upon delivery and the Vendor receives notification in writing addressed to the Vendors accounts department with 3 days of delivery.
2) The non-receipt of goods must be notified to the Vendor with 7 days of the date of advice of despatch otherwise such goods will be deemed to have been received in a satisfactory condition.
3) Time is of the essence in this clause.
c) Where the materials are required to perform the contract are to be delivered by the Vendor (or by a transport contractor engaged by the Vendor) the purchaser shall be responsible at the Purchaser’s cost for the Provision of sale and suitable access to the delivery location. The definition of “Sale and Suitable” access shall be at the discretion of the driver responsible for the transporting of goods.
d) The Purchaser shall be liable for any loss or delay or loss of time arising from the Purchasers failure to provide and maintain such access and failure to provide unloading facilities referred to below, and the Purchaser shall be responsible for the payment of any costs which may be incurred by the Vendor in relation to abortive journeys and or excessive waiting time and the Vendor will not accept any responsibility for such costs or expenses.
e) The Purchaser shall be responsible for unloading and/or making suitable arrangements to unload the goods at the delivery location in accordance with eth Vendors advance notification of the date and approximate date of the delivery of goods.
f) The delivery price quoted is based on the goods being delivered within the Vendors normal delivery schedule. If the Purchaser requires delivery on specific arrangements, times and dates, the Vendor reserves the right to pass the additional cost on to the Purchaser as additional variation to order as a result.
a) If the quotation is on a supply and delivery basis only, the Vendor reserves the right at its own discretion to carry out a site survey.
b) Site surveys will in the course of events deemed as projects carry out a survey as part of the general contract and will be charged at the agreed rate.
c) Site visits will be carried out as required upon demand by the Purchasers project managers and Nominated main contractors as deemed necessary and will charge at the agreed rate.
d) The Vendor will supply technical drawings for Cage Assembly and Specialist Joinery packages, all other drawings used will be the Purchasers specification drawings.
e) The Vendor reserves the right to carry out a site survey before committing itself or its sub-contractors to installation of any goods for the Purchaser.
a) Unless otherwise agreed our rates are based on a normal working week at the agreed day / night rates.
b) Delays on site which are not the responsibility of the Vendor before or during the installation caused by other trades or from other non-Vendor causes will lead to charges be applied at the agreed rates.
c) All normal access equipment requirements will be hired in from the Purchasers or Vendors nominated source and charged at the agreed rates.
d) All Installations must be carried out on a “Clear & Level” & “Dry” floor conditions and suitable storage space will be required.
e) Lights, Temperature Control and Power are required and must be made available, 240 volt for charging battery tools or 110 volt for drilling equipment is to be made available.
f) All Racking must be unloaded before any alteration is carried out.
g) All work areas must cleared prior to SJH starting works.
h) Safe & Suitable access is required to the work area.
i) Where works are carried out on a multiple floor site, the store or site lifts need to be made available to transfer goods to the work location.
j) Every effort will be made to carry the works to the specification drawings supplied, however to suit the suppliers specification of products, minor changes or improvements may be necessary to best suit the agreed layout.
k) The Vendor shall be entitled to appoint one or more contractors to carry out the installation obligations as part of the contract, SJH will endeavour to supply staff with specialist skills to complete the project to the highest standards.
l) The Vendor will provide all necessary Health & Safety requirements, insurances and trained staff to carry out the contract.
m) On all large projects the Vendor will supply additional equipment to accommodate site changes, upon completion of the project the Vendor will remove all excess kit with 7 days of the completion and this excess equipment will remain the property of the Vendor.
n) The Vendor does not give any undertaking that either its employees or subcontractors are part of any recognised Trade Union.
o) The Vendor does not accept responsibility for failure to comply with any statutory or other regulation or local bye-law affecting the siting use or operation or construction of the purchased goods, All consents and planning approval required shall be obtained by the Purchaser.
p) All planning fees and local charges made by Local Authorities in connection with regulation or passing of plans will be payable by the Purchaser.
a) Unless otherwise expressly agreed in writing, payment for all goods and services shall be made to the Vendor within 30 days of the invoice date, unless otherwise specifically agreed in writing.
b) Should payment not be received on or before the due date, the Vendor shall be entitled to interest theron until payment at 1% above the Vendors bank base rate at the time, being such interest to accrue on a daily basis.
a) In any provision of a clause of these terms & conditions is found by any Court to be invalid or unenforceable, the remaining provisions not directly so affected by such invalidity or enforceability shall remain in full force and effect.
a) All goods and services are supplied subject to prices and any relevant discounts ruling on the day of despatch.
b) Prices and discount rates and terms and conditions of supply may be altered at any time without notice, it will, however ne the Vendors policy to maintain stability of prices for as long as possible and to endeavour to provide some warning of future prices. Catalogues, price lists and any other advertising matter are intended to present only an indication of the type of goods and services offered and no price or other particular contained therein shall be binding on the Vendor unless expressly included by reference thereto.
Return of Goods
a) In no circumstances may any goods supplied against a confirmed order be returned without the Vendor’s prior written consent
b) All goods returned must be securely packaged in its original packaging, it must be returned by an agreed transport method and preferably arranged by the Vendor, any other method will render the Purchaser responsible until received by the Vendor and checked.
c) A credit will only be issued by the Vendor if the goods are successfully returned to the Supplier, a restocking fee may be chargeable.
d) Should a credit not be made available by the supplier, the goods will be held by the Vendor and the Purchaser will incur the storage costs.
Title and Risks
a) Title of Goods shall not, in any case, pass to the Purchaser until payment in full has been received by the Vendor in respect thereof.
b) Where any sum or sums are outstanding in respect of other goods or services agreed to be sold or provided by the Vendor to the Purchaser title of the goods shall not pass to the Purchaser until payment in full has been received by the Vendor in respect thereof.
c) The goods shall be at the Purchaser’s risk from the time that the same are loaded at the Vendor’s premises for the purposes of transportation to the premises to which they are to be delivered.
d) Until title shall pass the Purchaser shall hold the goods solely as fiduciary agent and bailee for the Vendor and shall keep the goods separate from those of the Purchaser and third party and properly secured, protected and insurance against damage, theft and loss and clearly identified as the Vendors goods.
e) Until such times that title has passed the Purchaser shall not be entitled to resell the goods in the ordinary course of its business but shall account to the Vendor for the proceeds of sale or otherwise of the goods whether tangible or intangible
Title and Risks cont.
including insurance proceeds and shall keep all such proceeds in trust and separate from all monies or property of the Purchaser and third parties
f) Until title shall pass (provided the goods have not been resold and still exist) the Vendor shall at any time (and without prejudice either to the Purchaser’s obligation to purchase the goods or to any exercise of the Vendor’s rights or remedies in respect thereof) be entitled to require the Purchaser to deliver up the goods to the Vendor and if the Purchaser fails to do so forthwith by itself, it’s servants and agents to enter upon any premises of the Purchaser or nay third party where the goods stored and to repossess the goods.
g) Upon request at any time the Purchaser shall immediately notify to the Vendor the location of all such goods.
h) The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness of any goods which remain the property of the Vendor.
i) If the Purchaser does so, all monies owning by the Purchaser to the Vendor shall (without prejudice of any other right or remedy of the Vendor) forthwith become due and payable.
j) Amounts paid on account shall be invariable appropriated in or towards payment for any goods resold from time to time by the Purchase in priority to ther goods or services for which payment is then due and subject thereto at the discretion of the Vendor.
k) Should the goods or nay of them be converted into a new product whether or not such conversion involves the mixture of other goods or thing whatsoever and in whatever proportions the conversion shall be deemed to be effected on behalf of the Vendor who shall have full legal and beneficial ownership of the product.
a) The Vendor may, without prejudice to its other rights and remedies, determine the contract or any unfulfilled part of it or withhold further deliveries or make partial deliveries if:
1) Payment for any Goods or Services is not received on or before the due date
2) There is any breach by the Purchaser of any contract between the Purchase and the Vendor, and
3) The Purchaser becomes insolvent or makes any voluntary arrangement with its creditors or becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or (being an individual or a firm) becomes bankrupt or a receiver is appointed over any of the assets of the Purchaser or it ceases to carry on business or if the Vendor reasonably apprehends that any of the events mentioned above is about to occur and so notifies the Purchaser
4) If this clause applies and the goods have been delivered but not paid for the price shall become immediately due and payable in full notwithstanding any previous arrangement or agreement to the contrary.
5) The Vendor shall be entitled to recover any resulting loss including loss of profit or loss on resale.
a) These terms and conditions shall be subject to and construed in accordance with the laws of England and the parties submit to the jurisdiction of the High Court of England