Paramount Plumbing Supplies Ltd (‘the company’) products and services (‘goods’) are supplied subject to the following Terms and Conditions of sale which shall prevail despite any indication to the contrary given by any person acting or purporting to act on this company’s behalf. Any variations to conditions set out below require our written confirmation (including all representations or understandings which may conflict with any of them).
All goods are supplied to buyers for business purposes and accordingly the Consumer Guarantees Act 1993 does not apply to these conditions of sale.
Receipt of an order will be deemed acceptance by the buyer of these terms, notwithstanding anything stated to the contrary in the buyer’s enquiries on the buyer’s order.
Goods are offered subject to availability and are sold on the basis that the place of delivery is the buyer’s premises. Delivery to the buyer’s nominated carrier or to a carrier appointed by the Company shall be deemed delivery to the buyer. Where the buyer requires delivery other than their own premises (Store), the buyer accepts liability for loss or damage and subsequent payment(s).
4. Freight and Insurance
Freight and transit insurance are to the buyer’s account unless specified to the contrary.
The customer may not assign all or any of its rights or obligations under this contract without the prior consent of the company.
The failure of the company at any time to enforce any provision of this agreement shall not be construed as a waiver of any such provision or shall not in any way affect the validity of this contract or any part thereof. All waivers shall be effective only in the writing by the company.
Unless otherwise agreed in writing or specifically prescribed by any applicable specification or standard, all goods are sold subject to:
7.1 Manufacturers normal tolerances, variations and limitations in respect of dimensions, mass, straightness, composition, mechanical properties, surface and internal conditions chemical composition and quality and:
7.2 Diversions from such tolerances, variations and limitations consistent with
practical testing and inspection methods and:
7.3 Any discrepancy in quantity not exceeding 10% from that ordered; and
7.4 The company’s normal packaging practice.
8.1 All prices are net on delivery of the goods to the custody of the first carrier.
8.2 Payment is due on the 20th of the month following date of delivery to the custody of the first carrier, except that for the goods supplied direct from overseas on
indent or specific order for the customer payment is due on receipt of the company’s invoice, or bill of lading, or another negotiable instrument, whichever is presented first. Paramount Plumbing Supplies Ltd reserves the right to treat each separate delivery as a separate contract for the purpose of payment.
9. Default of Payment
9.1 It is acknowledged that the relationship between the company and the buyer is that of the vendor and purchaser for cash, and that this clause has effect only when the buyer defaults on the obligation to pay for goods.
9.2 The buyer agrees to pay interest on all sums outstanding at 2.5% per month from the date of default (i.e when payment becomes due and is not made) until payment is made.
9.3 If a solicitor or debt collector is instructed by the company, the buyer agrees to pay the solicitor or debt collector’s reasonable fees and disbursements as charged to the company in full.
9.4 All payments made by the buyer shall be applied first in the reduction of interest and costs due pursuant to 9.2 and 9.3 and the balance shall then be applied in reduction of amounts due under 8.2.
9.5 The company shall be entitled at any time to assign to any other person (being a related company of LTD within the meaning ascribed to the term by section 2 (3) of the Companies Act 1993) all or any part of the debt owing to the company and notwithstanding any rule of common law or equity to the contrary of the appointment of a liquidator receiver and/or manager over the buyer or the assets thereof, the assignee shall be entitled to claim full rights of set-off or counterclaim against the buyer, it charge holders or successors in respect of the debt or part thereof so assigned.
9.6 Without prejudice to such other rights as the company may have the buyer agrees to grant to the company such further security as the company may from time to time to request to secure to the company all sums due to it. Such security may be by way of a mortgage of land or director’s personal guarantees or a debenture charge over the assets of the buyer and shall be prepared at the buyer’s expense by the company’s solicitors and shall contain all usual provisions. Should the buyer default granting of any such security in registrable form then the company is hereby irrevocably appointed the buyer’s attorney in the buyer’s name and on its behalf to enter, execute and sign all deeds, instruments, acts and things whatsoever which may be necessary to complete such further security.
10. Ownership and Risk
10.1 Ownership in the goods shall remain vested in the company until the buyer has made payment in full for all goods supplied by the company to the buyer, together with all interest and monies due.
Until payment in full in terms of clause 10.1: