CTS Terms and Conditions
TERMS AND CONDITIONS OF SALE
1. INTERPRETATION
1.1 In these Terms and Conditions, the words have the following meanings:-
“The Seller” shall mean CTS Bridges Limited
“The Goods” shall mean the goods or services (including any instalment on the goods or any parts of them) which the Seller is to supply in accordance with these conditions.
“The Buyer” shall mean the person who accepts a quotation of the Seller for the Sale of the Goods or Services or whose order for the goods is accepted by the Seller.
“The Conditions” means the Terms and Conditions of Sale set out in this document (unless the contract otherwise requires) and includes any special terms and conditions agreed in writing between the Buyer and the Seller.
“The Contract” means the Contract for the purchase and sale of the goods and/or services
“Writing” includes e-mail, facsimile, letters and comparable means of communication
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation.
2. CONDITIONS OF SALE PREVAIL
2.1 These Terms and Conditions prevail in any transaction made with the Seller except where expressly agreed in writing by the Seller.
2.2 The Seller shall sell and the Buyer shall purchase the goods in accordance with any quotation of the Seller which is accepted by the Buyer or any order of the Buyer which is accepted by the Seller subject in either case to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any quotation is accepted or purported to be accepted or any such order is made or purported to be made by the Buyer.
3. CANCELLATION
3.1 No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in writing of the Seller and on the terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit) costs, (including the cost of all labour and materials used) damages charges and expenses incurred by the Seller as a result of cancellation.
4. PRICE OF GOODS/SERVICES
4.1 The price of goods and/or services shall be the Sellers quoted price. They do not include for any reductions due to retention or discounts of any kind. The quotes price is the NETT price due to the Seller and any variations can only be agreed in writing by the Seller. All prices quoted will be exclusive of VAT where applicable.
5. TERMS OF PAYMENT
5.1 Credit terms – If the buyer is assessed by the Seller to be eligible for credit terms, the Buyer must pay for the goods and/or services in full within 28 days of the goods being delivered/despatched or the services carried out by the Seller. Any variation to this must have been agreed in writing with the Seller.
5.2 Non Account Holders – The Buyer must pay for the goods and/or services on a ‘Pro-Forma’ invoice basis prior to despatch/performance of the goods and/or services. Once payment has been received in accordance with the Pro-Forma from the Buyer an appropriate VAT invoice will be issued by the Seller to the Buyer and the goods/services arranged to be manufactured/carried out.
6. COLLECTION BY BUYER
6.1 If goods are to be collected by the Buyer then the Seller shall invoice the Buyer after the Seller has notified the Buyer in writing that the goods are ready for collection. The payment date then becomes this collection date in the case of a credit sale.
7. FAILURE TO PAY IN DUE TIME
7.1 If the Buyer fails to make payment on the due date, then without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to charge interest both before and after any judgement on the amount unpaid at a rate of 5% above the base rate of Barclays Bank plc for the time being in force until the date of payment.
8. DELIVERY
8.1 Unless otherwise agreed in writing with the Seller; it is the responsibility of the Buyer to off-load the goods from the delivery vehicle. Whilst every endeavour will be made to deliver at the times stated, we do not bind ourselves to deliver at such times. The Seller will not be liable for any delay in delivering the Goods however caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing to be the case.
9. STORAGE
9.1 Failure by the Buyer to accept the goods when tendered will mean the Seller is entitled to treat such failure as a repudiation of the Contract and may charge a storage fee for the goods at a rate of £20 per week or £20 per square metre occupied each week; whichever is the greater.
10. RISK
10.1 Risk of damage or Loss of Goods shall pass to the Buyer
a) In the case of goods to be delivered and installed on site by the Seller – when the goods are installed on site.
b) In the case of goods collected by the Buyer – when the goods are collected.
c) If the Seller agrees with the Buyer to send to the goods by national carrier:- when the goods are collected by the carrier service at the Seller’s premises.
11. RETENTION OF TITLE OF GOODS
11.1 Until the purchase price of the goods and/or services has been fully paid (if by cheque then only upon clearance).
a) The goods/services whether fixed as part of other works or not or on property owned by the Buyer or not; remain totally in the ownership of the Seller (notwithstanding the delivery of the same and passing of risk therein).
11.2 Until title of the goods has passed to the Buyer, the Buyer shall not purport to be the owner of the Goods and shall not show such Goods on stock or in its accounts.
11.3 Nothing in these Terms and Conditions shall:
a) entitle the Buyer to return the goods or delay payment for them.
b) render the Seller liable to any third party or warranty made or given by the Buyer to such a third party in relation to the goods.
c) prevent the Seller from maintaining an action for the price notwithstanding that the property in the Goods may not have passed to the Buyer.
12. LIABILITY
12.1 Any query concerning the goods must be made within 48 hours of delivery. The Buyer is not entitled to withhold payment in part or whole whilst any discussions as a result of this query are in progress.
12.2 The Seller shall not be liable to the Buyer in contract or tort or otherwise for more than the invoice price of the Goods to which the claim relates.
12.3 Except in the case of death or personal injury caused by the Seller’s negligence; the Seller shall not be liable for any consequential loss or damage (whether for loss of profit or otherwise) which arise out of or in connection with the supply of Goods or Services to the Buyer.
13. GENERAL
13.1 Any notice required or permitted to be given by either party under these Conditions shall be in writing and addressed to the other party at its registered office or principle place of business.
13.2 Any dispute arising from, or in connection with these Conditions of Sale of Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on application of either part by the Law Society.
13.3 Where these conditions conflict with any terms on which the Buyer has purported to purchase these Goods then the provisions of such terms of the Buyer shall be ineffective as far as they are inconsistent with these conditions.
