Terms and Conditions of Sale
Crocadon Sawmill accepts orders subject to these Conditions of Sale to the exclusion of any conditions of the Customer, unless other specifically agreed in writing.
ORDERS AND SPECIFICATIONS
The customer shall be resonsible for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Customer, and for giving Crocadon any necessary information relating to the goods within a sufficient time to enable Crocadon to perform the contract in accordance with its terms.
The quantity, quality and description of any specification for the goods shall be those set out in Crocadon's quotation (if accepted by the Customer) or the Customer's order (if accepted by Crocadon).
PRICES AND PAYMENT
Prices specified by Croadon are related to Crocadon's costs of manufacturing and obtaining goods and materials. If there is an increase in such costs (including increases attribuatble to alterations in taxation or other duties) Crocadon shall be entitled to increae prices or charges in respect of any goods dispatched subsequent to that increase.
All prices are exclusive of value added tax (or any other applicable sales tax) which shall be payable by the customer at the rate ruling on the date of invoice.
All prices and products are subject to availability.
Unless otherwise agreed in writing payment shall be due:
- For bespoke work; half with the order and the balance on delivery or collection.
- For non bespoke work; in full on delivery or collection.
For customers with established credit facilities payment shall be due 30 days from the date of invoice unless otherwise agreed in writing.
If payment is not made in accordance with the foregoing provisions Crocadon shall be entitled to:
- Charge interest from the due date to the date of actual payment at a rate of 4% above the base rate.
- To withold further deliveries or to cancel any unexecuted part of a contract without liability for any consequence loss of profit or other loss or damage suffered by the Customer.
Without prejudice to any other rights Crocadon shall retain and be entitled to exercise a general lien or right of retention on all goods in Crocadon's possession which are or are intended to become the Customer's property in regards to all debts, damages or other sums due to Crocadon from the Customer. Crocadon shall be entitled to sell such goods in the event that payment is not made in full within 28 days of notice being given to the Customer of its exercise of the lien.
Unless otherwise agreed in writing delivery costs will be charged in addition to the price.
Any period of time stated for dispatch or delivery are estimates only and Crocadon accepts no responsibility for loss or damage resulting from delay.
Crocadon shall be entitled to make part deliveries of any quantity of goods ordered by the Customer and to deliver invoices there for payment in the usual way. Where delivery is by instalments, each instalment shall be deemed to be the subject of a separate contract and any default by Crocadon in repsect of any instalment shall not affect the balance of the contract or entitle the Cutomer to cancel the contract.
Should expedited delivery be agreed and necessitate overtime or other additional costs, an extra charge will be made. Should work be suspended at the request of, or delayed through any fault of the Customer for a period in excess of 14 days Crocadon shall then be entiltled to payments for any work already carried out and materials specifically ordered.
If the Customer fails to accept delivery of goods when tendered then Crocadon shall be entitled to charge its reasonable storage costs in addition to the price.
RISK AND TITLE
Risk in respect to loss or damage to the goods shall pass to the Customer on delivery.
Notwithstanding delivery, title to the goods shall remain with Crocadon and no property therein whether legal or equitable shall pass to the Customer until payment in full of the price and all other charges has been received by Crocadon for all goods subject to any contract between Crocadon and the Customer.
Delivery of the goods shall be made by the Customer collecting the goods at Crocadon's premises within 7 days of Crocadon notifying the Customer that the goods are ready for collection or, if some other place for delivery is agreed by Crocadon, by Crocadon delivering the goods to that place.
Until such time as the title passes in accordance with second paragraph under this heading the Customer shall store the goods separately from any other goods on its premises and shall not interfere with, deface or remove any identification marks or numbers on the goods.
The Customer grants to Crocadon an irrevocable licence to enter any premises where goods are believed to be stored for the purposes of retaking possession or if otherwise disposing of the goods such right to be excercisable at any time before title passed.
Crocadon grants to the Customer a licence to use the goods or any part thereof in the course of its normal business operations or to sell the same on condition that so much of the proceeds of such sale as shall be required to satisfy outstanding payments due to Crocadon in respect of the goods shall be held upon trust for Crocadon in a separate bank account.
INSOLVENCY OF BUYER
This clause applies if;
The Customer makes any voluntary arrangement with its creditors or becomes subject to an administraton order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction):or an emcumbrancer takes possession, or a receiver is appointed, of any of the Customer ceases, or threatens to cease, to carry on business, or Crocadon reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
If this clause applies then, without prejudice to any other right or remedy available to Crocadon, Crocadon shall be entitled to cancel the contract or suspend any further deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary and if any of the goods have not been delivered Crocadon may sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Cutomer for the excess over the price under the Contract or charge the Customer for any shortfall below the price under the Contract.
PRELIMINARY WORK AND CUSTOMER'S PROPERTY
The Customer shall be charged for all work carried out whether in respect of samples or the full production run.
All property supplied to Crocadon by or on behalf of the Customer will be worked on and held at the Customer's own risk.
CLAIMS AND LIABILITY
All claims shall be made in writing as follows: arising from damage to or loss of Goods in transit to Crocadon and the carrier within 3 days of delivery. all other claims to Crocadon with 7 days of delivery.
Crocadon shall replace Goods shown to its satisfaction to be defective or at its option repay the amount received against the invoice in respect of such Goods.
Save in the case of death or personal injury caused by Crocadon's negligence or where exclusion or limitation of liability is otherwise prohibited by the law under no circumstances shall Crocadon be lialbe for any damage, injury or loss of any kind whatsoever (including without limitation, any loss of profits or contracts or any other consequential loss) to any property or persons arising out of defect in the Goods.
Except as expressly provided in these Considtions of Sale all warranties and condition whether express or implied by statute, common law or otherwise hereby excluded.
LAW AND JURISDICTION
Contracts made on the Conditions of Sale shall be governed by English law and the Customer hereby submits to the jurisdiction of the English Courts.
Crocadon reserves the right to sub-contract the fulfillment of the Contract or any part thereof.
Any notice required or permitted to be given by either party under these Conditions of Sale shall be given in writing addressed to that other party at its registered office or principal place of business by first class post and shall be deemed delivered 2 working days after posting.
No waiver by Crocadon of any breach on contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions of Sale is held to be invalid or unenforceable in whole or in part the validity of the remaining provisions of the Conditions of Sale shall be unaffected.
The parties do not intend that any provisions of the Conditions of Sale should be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to the Agreement.