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Terms & Conditions of Sale

 
     
  Definitions
In these conditions the term “the Seller” shall mean T. Allen Stockholders Limited, “the Buyer” shall mean any person, firm or company placing an order with the Seller and “the Goods” shall mean all or any of the products which are the subject of a contract between the Seller and the Buyer. The “Producer” shall mean the Mills who produce the raw material.

Incorporation Of Conditions
All contracts entered into between the Seller and a Buyer shall be deemed to incorporate these conditions and no amendment or addition shall be binding on the Seller unless agreed in writing by an authorised representative of the Seller.

General
All disputes arising out of or in connection with this contract shall be governed by English law.

Acceptance Of Order
Acceptance of the Buyer’s order is subject to supplies being available and unsold.
An order once placed on the Seller cannot be cancelled deferred or altered by the Buyer except by mutual agreement.


Quotations
No quotation by the Seller shall constitute an offer by the Seller and all quotations are subject to withdrawal or alteration without notice.

Cancellation Of Order
An order once placed on the Seller cannot be cancelled, deferred or altered by the Buyer except by mutual agreement and the Buyer shall indemnify the Seller against all loss and expenses incurred.

Price
The price charged for the Goods will be that ruling on the date of despatch and will be subject to any applicable value added tax, other government duty or tax. The Seller reserves the right to amend prices at any time consequent upon increased costs of raw materials, labour, transport, market conditions, or for any other reason whatsoever.

Surcharges
Irrespective of prices being fixed or variable, the Seller reserves the right to add surcharges such as for Alloy or scrap content or any other factor as imposed by the Producer of the raw material, and with immediate effect whenever a charge is made.

Delivery Dates
Are given as estimates only, unless specifically stated otherwise, and the Seller cannot accept responsibility for any delays, however caused. Delivery shall be deemed to take place when the goods are delivered to the Buyer at their premises or if despatched to the Buyer, then immediately prior to being loaded on transport for despatch to the Buyer, whether the transport is arranged by the Seller, Buyer or a third party.

Incorrect Or Damaged Material
Any complaint regarding alleged short weight, incorrect or damaged material must be advised to the Seller immediately by telephone. Complaints regarding alleged defective material must be made within 3 days after delivery.

Quality Product Liability
The Seller accepts no responsibility for contingent or resulting loss, damage or liability caused to the Buyer or anyone else through defective material and the Buyer shall indemnify the Seller against any claim by any third party arising out of or in connection with any of the goods.

Quantity Variation
The Seller reserves the right to deviate by +/- 10% in respect of quantities ordered and delivered.

Fitness For Purpose
Any recommendations or suggestions relating to the use of the Goods made by the Seller is given in good faith but it is the responsibility of the Buyer to ensure satisfaction as to the suitability of the Goods for the particular purpose or purposes and it shall be deemed to have done so. Accordingly unless otherwise expressly agreed in writing the Seller gives no warranty as to the fitness of the Goods for any particular purpose even though that purpose may be specified in the Buyer’s order. All warranties or conditions as to fitness of the Goods for any particular purpose (expressed or implied by statute, trade, custom , practice or otherwise) are expressly excluded.

Return Of Goods
Goods returned without the Seller’s prior consent in writing will not be accepted for credit.

Risk
The risk in the goods shall pass to the Buyer on delivery.

Terms Of Payment
Unless otherwise agreed by the Seller in writing, payment for goods is strictly limited to within 30 days of the end of the month of despatch. Any debt outstanding after the due date shall at the absolute discretion of the Seller, carry interest at the very minimum at the rate of 4% per annum above the current minimum lending rate of the Bank of England. Interest to be calculated on a daily basis.

Title Of Goods
The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.

Recovery Of Debt
Having given due notice, in the event that it becomes necessary for the Seller to resort to legal means to recover goods or money owed, the Buyer will be liable for all expenses, legal or otherwise incurred by the Seller as a result of such action.

Precedence
These Terms and Conditions of Sale shall have precedence over any conditions appearing on the Buyer’s order form or other documents emanating from the Buyer and any such conditions of the Buyer shall have no effect whatsoever unless expressly accepted in writing by the Seller.
 
   

 

 
T.Allen Stockholders Ltd. | Stonebroom Ind Est | Derbyshire | DE55 6LQ
tel: 01773 590000 | fax: 01773 590440 | email: sales@t-allen.co.uk

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