Terms & Conditions
In this document the following words shall have the following meanings:
“Buyer” means the organisation or person who buys Goods
“Goods” means the articles to be supplied to the Buyer by Sterling Softeners (the Seller)
“Services” means the supporting services supplied to the Buyer by Sterling Softeners (the Seller)
These Terms and Conditions shall apply to sales of Goods and Services by the Seller to the Buyer. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Price and Payment
The price shall be the price agreed in writing between the parties. Unless already included in the quotation, VAT is payable. Payment is due within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment.
Delivery and Installation
Unless otherwise agreed in writing, delivery and installation of the Goods shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods and to provide access for installation on the agreed date. If the Seller is unable to proceed with the delivery or installation due to actions or circumstances under the control of the Buyer, then the Seller shall be entitled to make reasonable charges for expenses incurred.
Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund.
Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
Return of Unused Goods
All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, credit of amounts due or paid in will only be given for goods that are in saleable condition.
Limitation of Liability
The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price. Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
Relationship of Parties
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
Assignment and Sub-Contracting
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England.