GENERAL
CONDITIONS OF TRADING OF CHEMICAL-SOLUTIONS
In these General Conditions of Trading ("General
Conditions"), "the Company" shall mean CHEMICAL SOLUTIONS and the
words "the buyer", "the goods" and "delivery address" shall be
interpreted according to the information below. "The goods" shall
include packaging and where the context so admits any part of the
goods agreed to be sold or supplied to the buyer.
The buyers’ order for the goods is accepted by
the Company on and subject to these General Conditions, which shall
prevail over and take effect in place of any terms and conditions
of, referred to or adopted by the buyer. No variations of these
General Conditions shall be effective against the Company unless in
writing and signed by a Director of the Company. These General
Conditions embody the entire understanding of the Company and the
buyer relating to the order and over-ride and supersede all prior
promises, representatives, understandings or implications relating
thereto.
Delivery shall be effected when goods are handed
over to the buyer or to a carrier for carriage to the buyer
whichever shall first occur.
The buyer shall provide a person duly authorised
by the buyer to acknowledge receipt of the goods. Any
acknowledgement of receipt of the goods which is or purports to be
given by or on behalf of the buyer shall be conclusive evidence as
between the Company and the buyer that there was no shortage in the
quantity of goods received by the buyer which would have been
apparent from inspection of the goods at the time of receipt and the
goods were at the time of such receipt in apparently good order and
condition unless such acknowledgement specifically states that less
than the correct quantity has been received or that the goods have
been received in a damaged condition.
Any claim in respect of shortage of or damage to
the goods must be made by the buyer in writing to the Company and if
the goods have been delivered by a carrier also to the carrier
within 2 days of delivery.
If for any reason whatsoever, the Company or any
carrier shall be unable to hand over the goods to the buyer at the
delivery address or in accordance with the buyer’s delivery
instructions, any shortage, demurrage or additional freight
insurance or other costs or expenses incurred by or on behalf of the
Company shall be for the account of the buyer and will be invoiced
to and shall be payable by the buyer at the same time as the invoice
for the goods in respect of which they were incurred.
The risk of all loss, destruction damage or
deterioration of the goods howsoever caused shall pass to the buyer
immediately the goods are delivered to the buyer.
Unless otherwise stated overleaf, prices quoted
are inclusive of freight to the delivery address but do not include
VAT.
The Company’s published prices and rates are
subject to alteration without notice.
Actual payment of the invoice price and any VAT,
freight, insurance, storage, demurrage, interest or other costs
payable hereunder shall be made without deduction or set-off within
30 days after the date of the Company’s invoice for the goods. The
Company may charge interest on overdue accounts as a daily rate
equivalent to 5% per annum over the Base Rate of Investec Bank from
and including the due date for, down to but excluding the date of
actual payment.
The Company may also charge for all costs of
collecting overdue accounts.
All cheques must be cleared on or before the due
date for payment.
The legal title to the goods shall not pass t the
buyer until all sums due or owing on any account whatsoever by the
buyer to the Company have been paid in full. Until such time, the
buyer shall hold the goods as bailee or and in a fiduciary capacity
of the Company and shall at any time on demand made by the Company.
The buyer shall not be entitled to return all or
any of the goods without the Company’s prior consent.
The Company will modify or at its opinion,
replace free of charge any of the goods found to be defective in
ordinary use or service or found not to correspond in any material
respect with any description of them in the order, on condition
that:
The Company is notified in writing of such
defect or non-conformity immediately such defect or
non-conformity became apparent and in any event within 3 months
of receipt of such goods by the buyer
Such notice states: the material, job number,
advice or invoice number and the buyer’s order number
Such goods are made available for collection
by or on behalf of the Company safely and suitably packaged
Such examination discloses in the Company’s
judgement, the defect or non-conformity complained of
If the Company agrees that the buyer may return
any goods otherwise than by the Company’s transport, all carriage
and insurance costs shall be pre-paid by the buyer but will be
reimbursed by the Company if the conditions of this guarantee are
satisfied.
This guarantee does not extend to any of the
goods which have not been stored in appropriate conditions and for a
reasonable period in all the circumstances subjected to misuse,
neglect or accident or which have been cut, printed, fabricated or
processed by any third party.
The guarantee contained is in lieu of and shall
replace all other representations or undertakings, express or
implied by statute, common law or otherwise as to the state,
quality, yield, performance or fitness of the goods for any
particular purpose, or their correspondence with description or
sample, all of which are hereby expressly excluded.
The total liability of the Company on any claim
or demand including all costs and expenses in connection therewith
whether in contract, tort including negligence or otherwise arising
out of or connected with or resulting from the manufacture, sale,
delivery, modification, replacement or use of the goods or the
non-performance by the Company of any of its obligations hereunder
shall not exceed the invoice price of the goods excluding VAT,
freight, insurance, storage, demurrage and packaging.
In no circumstances shall the Company be liable
to or to indemnify or make contributions to the buyer in respect of
any special or consequential loss or damage including but not
limited to loss of revenue or profit, tooling or manufacturing
charges, claims by customers or third parties, or costs and expenses
incurred in connection with substitute goods, howsoever such loss or
damage may be caused.
The buyer represents and warrants to the Company
that all information relevant to the specification of the goods and
their use which is or may be relevant to their manufacture,
packaging, storage or transportation by the Company is contained in
the buyer’s order.
Pallets provided by the Company remain its
property at all times.
Failure by the Company to observe any of the
provisions hereof arising from causes beyond its reasonable control
including strikes, lockouts, shortage of labour, fire, storm, flood,
machinery breakdown, inability to obtain raw materials, equipment,
fuel, power, components of transportation shall not be deemed
breaches by it of these General Conditions so that the contract
resulting from the order shall continue in force until the
circumstances shall have ceased and performance becomes possible the
Company shall continue to perform such contract and any necessary
adjustment in the price for the goods shall be made by the Company.
Privacy
Policy
Your privacy is of
the utmost importance to us and we will only use the information
provided by you for the processing and dispatching of your order in
accordance with the Data Protection Act 1998.
As part of our
ongoing service we may contact you by email or telephone regarding
your order. Should you wish us not to contact you after your order
has been dispatched please contact us and request that your details
are removed from our database.
All information
provided by you will be held by us securely in accordance with
current legal requirements and will not be passed to a third party.
Refund Policy
Goods may be
returned but must be unused and in a re-useable condition and will
be subject to a handling fee not exceeding £15-00 per item. An
additional carriage charge at cost will be made if we are asked to
collect the goods. This applies to goods correctly supplied. Damaged
goods will be collected and replaced free of charge.
Delivery Policy
All goods will be
dispatched within 7 days of ordering. Should items be out of stock
you will be offered cancellation of the order at no charge.
English Law applies to any contract made under
their general conditions.