The company: PHILLIPS ENGINEERING LIMITED, Bulmer Road Industrial Estate, Sudbury, Suffolk, CO107HJ. Company number 7867472.
The Goods: Goods or services mentioned on any written or verbal estimate issued by the company including replacement or substitute goods.
2.These conditions of sale shall be included in all and any contract entered into by the company and shall take precedence over conditions imposed by the buyer unless agreed by the company in writing.
3. The goods shall comply with the customary standard tolerances and trade practices and weights stated shall be theoretically computed. Damage and deterioration of the goods during & after unloading shall be the buyers responsibility.
4. Where the contract includes delivery of goods :-deliveries will be made on hard roads only. The company shall not be held responsible for delays occasioned by occurrences outside the companies immediate control. The buyer shall unload the goods.
5. Goods sold on the strict condition that the buyer inspects the quality and quantity of goods supplied and takes total responsibility for the use of goods. “unchecked” or “ unexamined” signatures for the receipt of goods do not relieve the buyer of the responsibility to check them on arrival and the company shall not be liable in respect of a claim or claims if the buyer fails in respect of this clause. A claim by the buyer against the company shall be limited to the value of the goods supplied and be received , in writing at the company’s office within seven days of the delivery of the goods.
6. The company shall charge the price as quoted but where the quantities, call offs, delivery dates delivery points, specifications or terms of payment are altered by the buyer after the date of quotation, without written agreement of the company, the company may adjust prices, terminate the contract, withdraw the quotation or cease delivery of goods.
7. The company gives no indemnity in respect of any patents or registered design trade marks or rights affecting goods. The company does not accept liability for any claims for injury, loss or damage caused directly or indirectly from goods or services supplied.
8. The estimated prices do not allow for retentions, discounts or extended credit and do not include value added tax which will be charged where appropriate. The buyer will settle invoices in full before the end of the month following the month of delivery. Failure to do so will entitle the company to suspend or cancel deliveries under any contract between the company and the buyer. The buyer shall pay interest of 32% per annum calculated on a daily basis.
9. The title to and property of the goods will remain vested in the company until the full price of the goods has been received by the company. Should the buyer transfer or sell the goods to a third party before the company has received payment in full, the buyer will be deemed to have acted as an agent of the company and will pay all monies received in consideration of the goods to the company.
10 . Unless advice on the contract forms part of a service offered by the company, the company disclaims liability for any advice given or opimions expressed by any of its officers, employees, servants or agents and the buyer acts on such opinions or follows any advice at his own risk.