In all the following conditions the Seller is B I Crawshaw & Co Ltd and the Buyer is the company, partnership, sole trader or individual purchasing goods from the Seller. The statutory rights of the Buyer are not affected by these conditions.
- General; All orders are accepted subject to the following terms and conditions.
- Scope; These conditions shall prevail over any inconsistent terms or conditions referred to the Buyer's order or in correspondence or elsewhere unless agreed specifically in writing by both parties and any conditions or stipulations to the contrary are hereby excluded or extinguished.
- Quotations & Prices; Quotations by the Seller shall not constitute an offer and the Seller reserves the right to withdraw or amend the same at any time prior to acceptance of the Buyer's order. Unless otherwise stated all quotations are valid for 10 days after their date. The prices payable for the goods shall be those charged by the Seller at the time of despatch so that the Seller shall have the right at any time to revise prices to take account of increases of costs including costs of acquisition and of carriage. Prices shown are correct at the time of printing; however we reserve the right to amend prices without notice.
- Non-Account Holders; Payment shall be made in sterling, cash, most major debit or credit cards, or bank transfer prior to despatch of the goods.
- Credit Account Holders; Terms for account holders are strictly 30 days from issue of the invoice. Invoices are raised on despatch of the goods. Payment shall be made in sterling, cash, most major debit or credit cards, or bank transfer. When credit terms are exceeded the seller reserves the right to demand immediate payment of the account in total. The Seller shall reserve the right to charge interest on overdue accounts at the rate of 3% above the Bank of England base rate from the due date of payment until receipt by the Seller of the full amount.
- New Accounts; Trade customers are invited to apply for a credit account and an application form is available. Two trade references and one bank reference are required. Until the opening of a credit account has been confirmed by the Seller orders will be dealt with as for non-account holders.
- Credit; Any contract shall be subject to the Seller being satisfied as to the Buyers credit worthiness and without prejudice to the generality of the foregoing the Seller may, at its absolute discretion, having informed the Buyer that the goods are ready for despatch, hold the goods until such time as all monies due in respect of the goods and any other outstanding monies are paid in full to the satisfaction of the Seller.
- Retention of Title Clause; The ownership of any goods delivered shall remain with the Seller until all monies due have been paid in full.
- Goods Title; Unless otherwise agreed, goods the subject of any agreement to sell shall be at the absolute risk of the Buyer as soon as they are delivered by the Seller to the Buyer or the Buyer's vehicle.
- VAT; VAT is applicable to prices in accordance with UK legislation in force at the tax point date.
- Delivery; The Seller undertakes to use their best endeavours to despatch the goods promptly and to keep any promised delivery date but does not guarantee to do so. Time of the delivery shall not be the essence of the contract unless expressly stipulated in writing and accepted in writing by the Seller.
- Contract; These terms and conditions are on the understanding that any contract is between the Seller and Buyer only.
- Advice and Information; Any advice, information and data provided by the Seller whether verbally or in writing is given in good faith and without incurring any responsibility on the part of the Seller.
- Liability; The Seller shall not be liable for any defect in the quality, nature or condition of the goods nor for the failure of the goods to comply with any specification unless a claim in writing shall have been lodged with the Seller by the Buyer within seven days of delivery.
- Claims; No claim for short delivery of goods or damage in transit will be considered unless a receipt is given to the carrier detailing any shortages or damage at the time of the delivery and notification of such shortages or damage in transit is given to the seller within three days of the date of delivery of the goods to the agreed address.
- Force Majeure; The Seller shall not be liable to the Buyer for any loss or damage which may be suffered by the Buyer as a direct or indirect result of the Seller being hindered, prevented or delayed in the supply of the goods or the delivery by normal route or means of delivery by reason of any act of god, riot, strike, lockout, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire flood, difficulty in obtaining workmen, materials or transport or other circumstances whatsoever outside the control of the Seller.
- Notices; Any notice required to be given hereunder in writing shall be deemed to have been duly given and sent by pre-paid first class post to the party concerned at its principle place of business or last known address.
- Governing Law; The contract shall be governed by and construed and interpreted in accordance with the Laws of England and for the purposes of settlement of any dispute arising out of or in connection with the contract the parties hereby submit themselves to the jurisdiction of the English Courts.