Evo Supplies Ltd Standard Terms and Conditions of Sale (April 2018)
Company means Evo Supplies Ltd whose registered office is Unit 12, West Mersea Business Centre, Rushmere Close, West Mersea, CO5 8QQ. Company number 08766453.
Conditions means the term and conditions of sale set out in this document. and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Company and the Customer.
Contract means the contract between the Company and the Customer for the sale and purchase of the Goods.
Customer means the person firm or company purchasing or agreeing to purchase Goods from the Company in accordance with the Conditions.
Goods means all good materials or any part of thereof being the subject of any contract to which the Conditions apply together with any services supplied to the Customer by the Company or by any third party on behalf of the Company.
Order means the Customer’s written order for Goods.
Price means the price quoted by the Company as set out in written confirmation of Order from the Company to the Customer.
VAT means value added tax at the rate currently in force.
No order shall be deemed to be accepted by the Company unless the Customer has provided a purchase order/reference or a written authorisation.
Only in writing can an order be cancelled by the Customer.
The Customer shall at the Company’s discretion indemnify the Company in full against all loss (including loss of profit) costs including the costs of all labour and materials used damages charges and expenses incurred by the Company as a result of cancellation.
Terms of Sale
These Conditions are the only terms upon which the Company offer and agree to contract with the Customer and no alteration of these terms shall be valid unless previously agreed in writing by the Company. In no case shall your conditions of purchase (if any) apply.
Any advice or recommendation the Company may give as to the storage, application or use of the Goods and which the Company do not confirm in writing is followed or acted upon entirely at your own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
Any typographical, clerical, other error or omission in any of the Company brochures, website information, quotation, price list, pro-forma, invoice or other document or information issued by the Company shall be subject to correction without any liability to the Company.
No drawings, designs, specifications or any other information submitted or contained in our catalogues, website or other promotional material shall be deemed to form part of the contract but are for general information and guidance only.
If at any time before delivery of the Goods the Company deems it necessary to increase the Price to give effect to any increase in the cost to the Company which is due to any factor beyond the control of the Company (other than for any increase consequent to a change in the prevailing rate of VAT) the Company shall have the right to give written notice of such increase to the Customer increasing the Price and in such instance the Customer shall have the right to cancel the Contract within seven (7) days where the Company exercise the option referred to in clause 2.3.
All orders placed with the Company are subject to stock availability. Where the Goods are temporarily out of stock we will endeavour to contact the Customer to choose between, a refund of the Goods ordered, having it shipped when it is back in stock or selecting an alternative product.
The Customer can pay for the Goods using most major credit and debit cards online. All payment processing data is encrypted and as such is fully protected. Other payment methods such as BACS, CHAPS, cheque (to be received at least five (5) working days before delivery) or cash are to be agreed with the Company by phone or email.
The Company reserves the right at any time, at its discretion, to demand security for payment before continuing with or delivering Goods in satisfaction of any order notwithstanding any subsisting agreement to provide credit to the Customer.
The Customer shall make payment of the Price and VAT by either using the methods as stated clause 6.1 or within 30 days of the Company’s invoice date if the Customer has a pre-agreed account for credit terms.
The Goods supplied remain the property of the Company until full payment is received.
If the Customer fails to make payment on the Due Date then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to: –
Suspend any further delivery of Goods to the Customer
Charge the Customer interest (before and after any judgement) on the amount unpaid at the rate of 8% per annum above the Bank of England Base Rate accruing daily until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
Any dates quoted by the Company for delivery of the Goods are approximate only and the Company shall not be liable for any reasonable delay in delivery and specified timed deliveries will not be provided unless previously agreed by the Company in writing.
The Company may deliver the goods by separate instalments of any size and in any order.
If the Company delivers more or less than the agreed quantity of Goods the Company shall have no liability to the Customer in respect of the excess or shortfall unless the Customer notes such excess or shortage on the delivery note. In the case of excess delivery the Company will make arrangements within a reasonable period for the excess to be returned to the Company at the Company’s expense. Until such time as such excess is collected by or on behalf of the Company the Customer shall be responsible for the storage of such excess (and to keep such Goods in good condition) at the Customer’s expense.
In the case of short delivery the Company may at its own discretion make further deliveries at the Company’s expense.
The Customer shall not be entitled to reject any delivery on the grounds of any excess or short delivery.
If the Customer fails to take delivery of the Goods or fails to give the adequate delivery instructions at the time stated for delivery (other than by reason of the cause beyond the Customer’s reasonable control or by reason of the Company’s fault) then without prejudice to any other right or remedy available to it the Company may store the Goods until actual delivery and charge the Customer for the reasonable costs including redelivery and storage.
Risk and Property
All risk of damage or loss of the Goods shall pass to the Customer when: –
The Goods are collected by the Customer from the Company’s premises and will be deemed to have been delivered when they have been loaded on to the Customer’s vehicle or are otherwise in the Customer’s possession.
The Goods are transported by the Company and will be deemed to be delivered when they are ready to be uploaded on the site specified by the Customer.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the Goods shall not pass to the Customer until payment for the Goods has been made in full.
Until the property in the Goods passes to the Customer, the Customer will hold the Goods as our fiduciary agent and bailee, and shall keep the Goods separate from other goods and stored, protected and insured and identified as the Company’s property. Until that time the Customer will be entitled to resell or use the Goods in the ordinary course of your business, but shall account to the Company for the proceeds of sale or otherwise of the Goods, including insurance proceeds, and shall keep all such proceeds separate from any other moneys or property and, in the case of tangible proceeds, property stored, protected and insured.
Until the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Customer to deliver the Goods to the Company and, if the Customer fails to do so immediately, the Company reserves the right to enter upon any premises where the Goods are stored and repossess the Goods and to dismantle the same (without being liable for any damage caused by so doing)
The Customer will not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods that remain our property, but if you do so all debts owing by the Customer to the Company will forthwith become due and payable.
The Customer must examine the Goods at the time of delivery. The Company will not be liable for any loss arising from damage caused to the goods in transit unless loss or damage is noted on the delivery note. The Company will accept no claims in respect of Goods allegedly damaged in transit or lost if the Customer has given the carrier a clear receipt for the Goods.
Any claim that any of the Goods have been delivered damaged, are not of the correct quantity, or do not comply with their description, shall be notified in writing by the Customer to the Company within twenty four (24) hours of the delivery of the Goods.
The Company shall be afforded reasonable opportunity and facilities to investigate any claims made under this condition and the Customer shall (if so requested in writing by the Company) promptly return any of the Goods subject to any claim securely packed in their original container and carriage paid to the Company for examination.
Before any return, the Customer must request a returns form from the Company and be completed in writing about reasons for return of Goods. Only after receipt of the returns form can the Goods be sent to Company premises.
The Company reserves the right to charge the Customer all expenses in connection with carriage and repair of the returned Goods.
Extent of Liabilities
The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Customer, nor in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without the Company’s approval;
Where the Goods are sold under the consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Conditions.
The Customer will notify the Company of any claim the Customer will make based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not the Customer refused delivery) within twenty four (24) hours from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If the Customer accepts delivery and does not notify us accordingly, the Customer will not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer will be bound to pay the price as if the Goods had been delivered in accordance with the contract.
Where the Customer notifies us of any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification in accordance with these conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund the Customer the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Customer. The Customer must not reject part only of the goods without the Company’s consent.
The Company shall not be liable to the Customer or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods, if the delay or failure was due to any cause outside of our reasonable control.
The Contract shall be governed by the laws of England and subject to the jurisdiction of the English Courts.
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