Terms And Conditions
Pattesons Glass Ltd
General Terms and Conditions of Sale
Orders are accepted on these Terms and Conditions. No conditions or terms stipulated by the Purchaser are to amend or vary the following conditions except so far as expressly consented by us in writing.
Orders will only be agreed with new accounts upon these Terms and Conditions and upon receipt of satisfactory references (two trade and one bankers) subject to our discretion.
VAT has been included within the sale price at the appropriate rate ruling on date of despatch.
All orders are subject to the provision that the price payable shall be that ruling on the date of despatch.
(1) (a) Payment for each consignment shall be made not later than the last day of the month following the date of despatch from our warehouse as shown on the delivery note unless other arrangements have been agreed.
(b) Interest at the annual rate of 4% above the Nat West Bank PLC base rate from time to time will be payable by the Purchaser on any amount outstanding from the period from which payment should have been made until payment is received by us.
(2) Without prejudice to the foregoing if payment is not received by the due date or the Purchaser commits an act of bankruptcy or makes any composition or agreement with his creditors or being a limited company goes into liquidation or has a receiver appointed, we shall be entitled to suspend deliveries and/or by notice in writing to the Purchaser terminate the contract without prejudice to any tights we may have against the Purchaser.
(3) We take no responsibility for and do not insure the Purchasers property and risk in the goods shall pass to the Purchaser as soon as we invoice the Purchaser for them. The Purchaser is advised to insure against such risk but until full payment in respect of each consignment of such goods has been received by us, title to the goods shall remain vested in us and the Purchaser shall keep the goods separately, clearly identifying them as ours and returning them to us on request but we hereby authorise the purchaser to sell the goods as our agent at any time prior to payment provided that the proceeds of sale are kept in a separate bank account.
PALLETS AND DELIVERY
(1) Unless otherwise agreed, pallets and returnable packages used for delivery of goods shall remain our property and must be returned to us in the same condition as received by the purchaser.
(2) Pallets and packaging are suitable for usual conditions of transport in the United Kingdom mainland but no other warranty is given.
(3) If we are prevented from effecting a punctual despatch of the goods by reason of a strike, lock-out, industrial practise, accident, fire, war, riot or disturbance or the like or any unexpected or exceptional conditions, shortage of labour or fuel or new materials, which is beyond our control we may:
(a) Extend the time for despatch of the goods until the cause of the delay has ceased or
(b) By notice in writing to the purchaser terminate the contract and for these purposes each consignment shall be considered a separate contract and the failure of any delivery shall not invalidate the contract as to others.
No warranty is given concerning the quality or suitability of closures supplied by us for the use with our glass containers. If a warranty is sought by the Purchaser then we will at the Purchasers specific request before the order is accepted, approach our suppliers of the closures on the Purchasers behalf to seek a warranty which, if given, will be directly to the Purchaser by them without any liability on our part.
(1) Our loss in respect of defects reasonably apparent upon inspection on delivery will be limited to our Ex Works cost of the defective goods subject to the Purchasers compliance with our Terms and Conditions.
(2) Apart from 8 (1) above, we shall not be liable for any indirect or consequential loss or damage arising from the breach of any of our obligations under these Terms and Conditions or otherwise in connection with the contract or goods to be supplied thereunder, whether express or implied an however arising.
(3) In accordance with usual trade practice, no allowance is made for normal breakages during transit or breakages outside our direct control
(1) The contract shall be deemed to have been fully performed and the goods accepted unless a written claim is received:
(a) In respect of damage, delay or part consignment missing by both us AND THE CARRIER within three days of the date of receipt of consignment.
(b) In respect of the whole consignment missing by both us AND THE CARRIER within 14 days of the date of the despatch note.
(c) In respect of 8 (1) above by us within one month of delivery
(d) In respect of any other matter by us within one month of delivery.
(2) Goods subject to a claim must be stored free of charge and be kept available for our inspection.
(3) We will not accept the return of goods which are alleged to be defective after delivery unless one of our representatives has had opportunity to examine the goods before they are despatched from the Purchasers premises. At our option replacement goods may be supplied to the purchaser to satisfy (in whole or part) any liability and such replacement goods shall be supplied on these Terms and Conditions.
(1) Except as mentioned in these terms and conditions, all other statements warranties and conditions whether expressed or implied statutory or otherwise (other than with respect to our title to the goods) are hereby excluded.
(2) The use of a description shall not constitute a sale by description, reference to capacities, colour, weight, use and quantity are all approximate and a reasonable variation shall be accepted.
(3) These Terms and Conditions represent our entire liability under the contract and we shall not be liable in any event for consequential or indirect loss or damage arising from the order.
(4) The Purchaser hereby agrees to indemnify us against all claims and expenses in respect of the goods or products incorporating the goods except such liabilities as have been accepted by us in these Terms and Conditions.
(5) Without prejudice to the generality of 10 (4) above, the purchaser hereby agrees to indemnify us against any liabilities, costs and expenses which we may incur by reason of the claim by a relative or dependent of such purchaser or consumer, arising from any defect or alleged defect in the goods or in such product except and the extent that such liabilities, costs and expenses arise from a breach by us of our obligations under these Terms and Conditions.
(6) The Purchaser hereby agrees to indemnify us against all claims, actions, liabilities and expenses in respect of any alleged breach of contract, tort, Copyright, Registered Design, Patent, Trade Mark or other right arising from the Purchasers request for us to manufacture or supply any goods to the Purchasers design, specification, or request or instructions.
MOULDS, TOOLS, DESIGNS, etc.
All moulds tools designs models sketches printing plates screens or negatives provided by us are submitted in confidence. They and the Copyright in them shall remain our property at all times, whether a separate charge is made in respect of them or not. Without prejudice to the generality of the foregoing, any mould tool or design which is not used for more than three years may be destroyed or otherwise disposed of at our sole discretion without incurring any liability to the purchaser.
UK Law applies and the British Court shall have exclusive jurisdiction. Marginal headings are for convenience only. In all references time shall be of the essence.
We try our best to ensure that your order reaches you in perfect condition, however due to the nature of the product, from time to time we accept there will be some damages. If you would like to return your order in the event it’s damaged, please call our sales team within 14 days of receiving your goods on 01472 340005 and we will be happy to collect or replace it at our cost. If there are individual items broken we will offer you a refund proportionate to the value of your order or send extra items on your next order to replace the broken items. Our Sales Team will be able to discuss this with you.