CONDITIONS OF SALE

Acceptance and Variation of Orders
All goods supplied by us are sold only upon these Conditions of Sale.

The placing of an order for such goods or the acceptance of our quotation includes acceptance of these Conditions. No variation of these Conditions (including any which may be contained in your order) shall be effective unless made in writing by us.

We reserve the right to refuse your acceptance of a quotation unless such a quotation is stated to be open for a specific period and is not withdrawn in such period. No binding contract shall be created by your acceptance of our quotation until such notice of acceptance has been given in writing by us or we have indicated our acceptance of the offer by making delivery or part delivery of the goods.

Any quotation includes only such goods and items as are specified therein.

Orders sent in confirmation of telephone instructions should be clearly marked as such otherwise any additional expense incurred by us as a result of duplication of order will be charged to you. Our record of any order placed by you verbally shall be conclusive of the type and quantity of the goods ordered.

You acknowledge that before entering an agreement for the purchase of any goods from us you have expressly warranted that you are not insolvent and have not committed any act of bankruptcy, or being a company with limited or unlimited liability, know of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver to petition for winding up of the company or exercise any other rights over or against the company's assets.

Delivery and Storage
Acceptance and completion of an order is subject always to the goods which have been ordered being available and we shall be under no liability for delay or non performance caused either by the goods being not available or by any circumstances beyond our control.

Time of delivery of the goods is not to be the essence of any contract. Any date for delivery given by us is the best estimate that can be made and we shall not be liable for any loss or damage (whether direct or consequential) caused by delivery being after the quoted date. Any delay in delivery cannot be used as grounds for the cancellation of contract.

You agree to provide unimpeded access for our employees and vehicles, our sub contractors and carriers on or into your property for the purpose of delivering goods to you or for any related purpose. We reserve the right to refuse to make delivery if access is dangerous or if the condition of the site is unsuitable for the delivery and storage of the goods. In these circumstances delivery is deemed to have been made when the goods are placed in readiness for despatch and you have been notified.

Where goods contracted for are delivered in instalments, each delivery shall be deemed to be the subject of a separate enforceable contract.

Price
Unless otherwise agreed in writing, all orders are executed subject to prices and any relevant discounts ruling at the date of despatch and any price list of ours whether published or not shall not affect our rights to charge for goods in accordance with this clause. We reserve the right to vary the contract price at any time to take account of any cost for waiting time or other expenses incurred by us as a result of matters beyond our control and for special deliveries or part deliveries or any other variation of the original order made at your request.

Carriage
We normally make no charge for delivery from our own warehouse within our van delivery area but reserve the right to charge carriage on deliveries outside our usual delivery area, to special addresses and for low value orders
.
Packing
Any packaging is excluded from the quotation price. Boxes and cases which have been charged will be credited, in full, if returned and received in good condition, carriage paid, within 14 days from the date of invoice. Cable drums will be charged in accordance with the maker's drum schedules.

Warranty
It is your responsibility to determine that the quality or fitness for any particular purpose of any goods is sufficient.

Goods are supplied subject to any conditions of sale relating thereto by the relevant manufacturer or supplier. Our liability in respect of all goods supplied by us shall be limited to giving you the benefit of any guarantee or warranty, if any, given by the manufacturer of such goods. We shall not be under any further liability howsoever arising and all conditions and warranties expressed or implied by or under stature, customer or trade usage are hereby expressly excluded.

Representations
All descriptions and other information contained in sales literature, catalogues and quotations are based on information received from our suppliers and we cannot be held responsible for any inaccuracies in their information passed on in good faith in whatever form.

Risk
Goods shall be at your risk as intending purchaser as soon as they are delivered by the company to your vehicles or your premises or otherwise to your order.

Title
All goods shall be and remain our property until the full purchase price thereof is paid.

You acknowledge that you are in possession of goods solely as bailee and fiduciary for us until such time as the full price thereof is paid to us.

Your rights to possession of the goods shall cease if you, not being a company, commit an available act of bankruptcy or if you, being a company, do anything or fail to do anything which would entitle any person to present a winding up petition or appoint a receiver. We shall be entitled, for the purpose of recovery of our goods, to enter upon any premises or vehicles where they are stored or where they are reasonably thought to be stored and may repossess the same, immediately after giving notice of our intention to repossess.

You shall be at liberty to agree to sell on any goods or with our goods by way of a bona fide sale at full market value and on the express condition that such an agreement to sell shall take place as agents bailees and fiduciaries for us whether you sell on your own account or not and that the entire proceeds thereof are held in trust for us and are not mingled with any other moneys and shall at all times be identifiable as our moneys and that all rights which you have against the buyer shall vest in us.

At any time after default in payment on demand for goods supplied by us we shall be entitled to recover those goods at any time and for that purpose you hereby give a licence to us and our suppliers to enter onto any land or buildings or vehicles where the goods are stored or where they are reasonably thought to be stored and may repossess the same, immediately after giving notice of our intention to repossess.

All goods shall be and remain or property until the full purchase price of all goods supplied by us has been paid under each and every contract between us and all clauses and sub-clauses shall apply equally in relation to such goods.

Loss or Damage in Transit
No responsibility can be accepted by us for breakages or shortages unless the goods are signed for as broken or short on the delivery sheet issued to our drivers and written details are received by us within 3 days from the date of delivery. No responsibility can be accepted for non delivery unless written notice is received by us within 7 days from the date of invoice.

Time is of the essence of this clause and our liability in respect of breakages, shortage and non delivery is limited to making up the shortage or replacing any goods proved to have been damaged or lost in transit.

Returns
Goods correctly supplied may not be returned without our written agreement. Goods so returned must be consigned 'carriage paid' unless collected by our own vans and accompanied by a packing note stating our invoice number and the date thereof together with the reason for return. Any item which has been supplied to special requirements cannot be accepted for credit under any circumstances, and, in other instances, a restocking charge may be imposed. The issue of our Collection Note will not bind us to issue credit in respect of the returned goods.

Terms of Payment
Payment in full shall be due no later than the end of the month following that which the goods were delivered or on demand. Any contract shall be subject to our satisfaction as to your creditworthiness and without prejudice to the generality of the foregoing, we may in our absolute discretion, suspend further deliveries without notice until such payment as demanded is made. No receipts will be issued against payments by cheque unless specifically requested.

We shall be entitled to charge interest on accounts outstanding beyond 30 days of invoice. The rate of interest shall be 4% over Lloyds Bank base lending rate from time to time in force. We can exercise this right in addition to any other rights we may have in respect of the goods or non payment.

Where the contract is to be or may be fulfilled in separate instalments, deliveries or parts, payment for each such instalment, delivery or part shall be made as if the same constituted a separate contract.

All accounts shall be due immediately if you, not being a company, commit an available act of bankruptcy or if you being a company, do anything or fail to do anything which would entitle any person to present a winding up petition or appoint a receiver. For the purpose of this condition time of payment shall be the essence of the contract. You shall not be entitled to withhold or set off payment for goods for any reason whatsoever.

Value Added Tax
Where chargeable, Value Added Tax will be charged at the rate applicable at the date of despatch.

Severability of Clauses
If any clause or sub-clause of these Conditions of Sale shall be found at any time to be invalid or unenforceable, such invalidity or unenforceability shall in no way prejudice or affect the remainder of the Conditions of Sale which shall continue in full force and effect.

Legal Construction
Unless otherwise agreed by the Company in writing, these Conditions of Sale shall in all respects be construed and operate as an English contract in conformity with English Law.

The Conditions of Sale may be altered without notice.