Terms and Conditions

1.       APPLICATION

These conditions apply to sales of all goods by Beaudesert Limited (“the Company”) to any purchaser (“the Customer”) and shall apply in place of and prevail over any terms and conditions contained or referred to in the Customer’s order or in correspondence or elsewhere and any purported provisions to the contrary are hereby excluded or extinguished.

2.       TERMS OR PAYMENT

Terms are strictly net. Payment of invoices shall unless otherwise agreed in writing by the Company be made in full without any deduction or set-off.  Payment of the final invoice for manufactured goods will be issued at the time of completion and is payable upon receipt of the invoice and in all cases at least 5 working days prior to the agreed delivery date. Any extension of credit allowed to the Customer may be changed or withdrawn at any time. The Company reserves the right to hold back any order and cancel an agreed delivery pending payment if an account is overdue for payment. 

3.       GOODS AND PRICES

The prices payable for goods shall be those contained in the Company’s estimates.  Estimates supplied for making goods are valid for 45 days only. Estimates that are older than 45 days must be verified and may be subject to increase.

4.       ORDERS

All orders must be made or confirmed in writing by the Customer and in all case are subject to written confirmation by the Company.  An order is not considered to have been confirmed by the Company until the agreed deposit is received (usually 50% of the value of the confirmed order) and funds are cleared in the Company’s account.

5.       CHANGES AND CANCELLATION

Any changes made to an order by the Customer after the Company has confirmed the order may result in additional charges to the Customer.  These additional charges will be estimated and agreed with the Customer before the change to the order is confirmed.  In the event of a cancellation of a confirmed order, the Customer will be responsible for any abortive costs incurred by the Company and these will be deducted from the deposit and returned to the Customer.

6.       DELIVERY CHARGES

All prices quoted are for a single delivery from the Newbury warehouse of the Company and these will be estimated based on the delivery location specified by the Customer. If the delivery location specified by the Customer is changed on a confirmed order or if multiple deliveries are requested by the Customer, the Company may adjust the delivery charges accordingly. Any delivery charges will be agreed and accepted by the Customer prior to delivery.

7.       DELIVERY

If the Customer refuses tor is unable to take delivery of good tendered in accordance with these terms or fails to take any action necessary on its part for delivery and/or shipment of the goods or the agreed delivery date of goods is cancelled with less that 5 business day notice the Company shall be entitled to recover from the Customer any additional costs incurred as a result of such refusal or failure.  Such additional costs may include storage costs.

8.       INSPECTION

It shall be the responsibility of the Customer to inspect and check all goods immediately upon delivery in order to ensure that the goods delivered are as ordered by the Customer.  The Customer’s said responsibility shall not be diminished or extinguished in the case of goods which are delivered to a third party on the instruction of the Customer.  

9.       RISK AND TITLE

Goods shall be at the Customer’s risk on delivery to the Customer or into custody on the Customer’s behalf. The goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the agreed price.  The Company reserves the right of re-possession of any goods tp which it has retained title as aforesaid and thereafter to re-sell the same and for this purpose the Customer hereby grants an irrevocable right and license to the Company and the Company’s agents to enter any of the Customer’s premises with or without a vehicle during normal business hours. The right shall continue to subsist notwithstanding the termination of the Contract for any reason.

10.     LIABILITY

Subject to Clause 11 below, the Company shall not be liable to the Customer for defects in the goods caused by fair wear and tear, abnormal conditions of storage or use or the application of any treatment or process whatsoever to the goods after purchase (including without limitation any spray or flame proofing) or any neglect or default of the Customer or any third party. The Company shall not be liable to the Customer for defects in the goods unless notified to the Company within twenty-eight (28) days of the date of delivery of the goods. 

A)      Subject always to Clause 11 below:-

(i) Where liability is accepted by the Company the Company’s only obligation shall be at its option to make good and or replace or repair any goods found to be damaged or defective and/or to refund the costs of such goods to the Customer

(ii) The Company shall be under no liability to the Customer for any loss, damage or injury direct or indirect resulting from defective or faulty material or workmanship howsoever arising and whether or not caused by the negligence of the Company or its employees or agents

(iii) The Company’s prices are determined on the basis of the limited of liability set out in this Clause.

11.     CONSUMER RIGHTS

These conditions do not and will not affect the statutory rights of a Customer who is a consumer under any prevailing legislation

12.     INSOLVENCY AND DEFAULT

If the Customer enters into a deed of arrangement or commits and act of bankruptcy or if a receiving order is made against the Customer or (if a company) a resolution is passed for the winding up of the Customer or if a receiver is appointed to windup the Customer, the Company may without prejudice to any of its rights stop any goods in transit or suspend further deliveries.

13.     WAIVER

Failure by the Company to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at any time thereafter

14.     GOVERNING LAW

This contract and terms herein shall be governed and construed in accordance with the Laws of England and the parties hereby submit to the jurisdiction of the English Courts