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TERMS AND CONDITIONS OF BUSINESS

  1. Interpretation
    1. In these conditions:

 “Buyer” means the person who accepts a quotation of the seller for the sale of the goods or whose order for the Goods is accepted by the Seller. 

“Goods” means any goods (including any installment of the goods or any parts for them) which the seller is to supply in accordance with the contract. 

The “Seller” is County Battery Services Limited (Registered number 3203678) whose registered office is at Unit 4 Field Industrial Estate, Lowmoor Road, Kirkby-in-Ashfield, Nottinghamshire, NG17 7LJ)

“Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the buyer and seller.

“Contract means any contract for the purchase and sale of the Goods incorporating these conditions.

“Credit Account” means an account opened by the buyer with the seller under which the seller agrees to supply goods to the buyer and allows the buyer an extended period in which to pay in accordance with clause 5.3 of these conditions.

“Warranty” means the warranties given in clause 8.12 and / or clause 8.2.4 (as the case may be).

“Writing” includes facsimile transmission and comparable means of communication, but not electronic data or email. 

Any reference in the conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

  1. The headings in the Conditions are for convenience only and shall not affect their interpretation.

 

  1. Basis of the Sale
    1. Subject to any variation under clause 2.3, the contract will be on these conditions to the exclusion of any other terms and conditions (including any terms and conditions which the buyer purported to apply under the purchase order, confirmation of order, specification, or other document).  No other statement, written or oral, including the statements in any brochure or literature of the seller, shall be incorporated into the contract or have any legal effect.
    2. No terms or conditions endorsed upon, delivered wit or contained in the buyer’s purchase order, confirmation of order, specification or other document will form part of the contract simply as a result of such document being referred to in the contract.
    3. No variation to these conditions shall be binding unless agreed in writing between the authorised representatives of the buyer and the seller.
    4. The seller’s employees or agents are not authorised to make any representations concerning the goods unless confirmed by an authorised representative of the seller in writing.  In entering the contract the buyer acknowledges that he / it does not rely on any such representatives which are not so confirmed.
    5. Any advice or recommendation given by the seller or its employees or agents to the buyer or his / its employees or agents as to the storage, application or use of the goods which is not confirmed in writing by an authorised representative of the seller is followed or acted upon entirely at the buyer’s own risk, and accordingly the seller shall not be liable for any such advice or recommendation which is not so confirmed.
    6. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other documentation of information issued by the seller shall be subject to correction without any liability on the part of the seller.

 

  1. Orders and specifications
    1. Each order for goods by the buyer or acceptance by the buyer of the seller’s quotation shall be deemed to be an offer by the buyer to purchase goods subject to these conditions.
    2. No order submitted by the buyer shall be deemed to be accepted by the seller unless and until confirmed in writing by the seller’s authorised representative or (If earlier) the seller delivers the goods to the buyer.
    3. The buyer shall be responsible to the seller for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the buyer, and for giving the seller any necessary information relating to the goods within a sufficient time to enable the seller to perform the contract in accordance with its terms.
    4. The quantity, quality and description of and any specification for the goods shall be those set out in the seller’s quotation (if accepted by the buyer), or the buyer’s order (if accepted by the seller)
    5. The seller reserves the right to make any changes in the specification of the goods which are required to conform to any applicable laws or regulations or, where the goods are to be supplied to the seller’s specification, which do not materially affect their quality or performance.
    6. The contract may not be cancelled by the buyer except with the agreement in writing of the seller and on 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.

 

  1. Price of the goods
    1. The price of the goods shall be the seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in the seller’s published price list published on the date of delivery or deemed delivery.  All prices quoted are valid for 30 days only or until earlier acceptance by the buyer, after which time they may be altered by the seller without giving notice to the buyer.
    2. The seller reserves the right, by giving notice to the buyer at any time before delivery to increase the price of the goods to reflect any increase in the cost to the seller which is due to any factor beyond the control of the seller (such as, without any limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the goods which is requested by the buyer, or any delay caused by any instructions of the buyer  or failure of the buyer to give the seller adequate information or instructions.
    3. Except as otherwise stated under the terms of any quotation or in any price list of the seller, and unless otherwise agreed in writing between the buyer and the seller, all prices are given by the seller on an ex works basis, and where the seller agrees to deliver the goods otherwise than at the seller’s premises, the buyer shall be liable to pay the seller’s charges for transport, packaging and insurance. The price is exclusive of any applicable value added tax, which the buyer shall be additionally liable to pay to the seller

 

  1. Terms of Payment
    1. In the case of a buyer with a credit account, subject to any special terms agreed in writing between the buyer and seller, the seller shall be entitled to invoice the buyer the price of the goods on or at any time after the delivery of the goods, unless the goods are to be collected by the buyer or the buyer wrongfully fails to take delivery of the goods, in which event the seller shall be entitled to invoice the buyer for the price set any time after the seller has notified the buyer that the goods are ready for collection  or (as the case may be) the seller has tendered delivery of the goods.
    2. In the case of a buyer without a credit account, subject to any special terms agreed in writing between the buyer and the seller, the seller shall be entitled to invoice the buyer for the price of the goods at any time after the seller’s quotation is accepted by the buyer or the buyer’s order is accepted by the seller.
    3. In the case of a buyer with a credit account the buyer shall pay the price of the goods within 30 days of the date of the seller’s invoice.
    4. In the case of a buyer without a credit account the buyer shall pay the price of the goods prior to or on delivery of the goods and the seller shall be under no obligation to make delivery of the goods until such payment is received in cash or cleared funds.
    5. In the case of either clause 5.3 or 5.4 the seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the goods has not passed to the buyer and receipts for payment will be issued only upon request.
    6. If the buyer fails to make any payment on the due date then, without prejudice o any other right or remedy available to the seller, the seller is entitled to:
      1. Cancel the contract or suspend any further deliveries to the buyer and, if goods have been delivered to the buyer but not paid  for, the price shall become immediately due and
      2. Appropriate any payment made by the buyer to such of the goods or (or goods supplied under any other contract between the buyer and seller) as the seller may think fit (notwithstanding any purported appropriation by the buyer)
      3. Charge the buyer interest on such sum from the due date at a rate of 2% accruing on a monthly basis until payment is made whether before or after any judgement provided that the seller reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

 

  1. Delivery
    1. Delivery of the goods shall be made by the buyer collecting the goods at the seller’s premises at any time after the seller has notified the buyer that the goods are ready for collection or, if some other place for delivery is agreed by the seller, by the seller delivering the goods to that place.  Where the seller agrees to deliver the goods otherwise than at the than at the seller’s premises the seller shall be under no obligation under Section 32(2) of the Sale of Goods Act 1979.
    2. Any dates quoted for delivery are approximate only and the seller shall not be liable for any delay in delivery of the goods however caused.  Time for delivery shall not be the essence of the contract unless previously agreed by the seller in writing.  The goods may be delivered by the seller in advance of the quoted delivery date upon reasonable notice to the buyer.
    3. Where delivery of the goods is to be made by the seller in bulk, the seller reserves the right to deliver up to 2% more or 2% less than the quantity ordered without any adjustment in the price and the quantity so delivered shall be deemed to be the quantity ordered.
    4. The seller may deliver the goods by separate installments.  Each separate installment shall be invoiced and paid for in accordance with the provisions of these conditions.  The failure of the buyer to pay for any one or more of the said installments of the goods on the due dates shall entitle the seller (at the sole option of the seller) to:
      1. Without notice to the buyer, suspend further deliveries of the goods pending payment by the buyer, and / or
      2. Treat this contract as repudiated by the buyer
    5. If the seller fails to deliver for any reason other than any cause beyond the seller’s reasonable control or the buyer’s fault and the seller is accordingly liable to the buyer, the seller’s liability shall be limited to the excess (if any) of the cost to the buyer (in the cheapest available market at the date of the breach of the contract by the seller) of similar goods to replace those not delivered over the price of the goods.
    6. If the buyer fails to take delivery of the goods or fails to give the seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the buyer’s reasonable control or by reason of the seller’s fault), then without prejudice to any rights or remedies of the seller
      1. Risk of the goods will pass to the buyer
      2. The goods will be deemed to have been delivered
      3. The seller may store the goods until delivery whereupon the buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance)

 

  1. Risk and Property
    1. Risk of damage to or loss of the goods shall (subject to clause 6.7.1) pass to the buyer:
      1. In the case of goods to be delivered at the seller’s premises, at the time when the seller notifies the buyer that the goods are available for collection, or
      2. In the case of goods to be delivered otherwise than at the seller’s premises, at the time of delivery, or, if the buyer fails to take delivery of the goods, the time when the seller has tendered delivery of the goods.
    2. Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the buyer until the seller has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the seller to the buyer for which payment is then due
    3. Until such time as the property in the goods passes to the buyer, the buyer shall hold the goods as the seller’s fiduciary agent and Bailee, and shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the seller’s property, but the buyer shall be entitled to resell or use the goods in the ordinary course of business.
    4. Until such time as the property in the goods passes to the buyer (and provided the goods are still in existence and have not been resold), the seller shall be entitled at any time to require the buyer to deliver up the goods to the seller and, if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the goods are stored and repossess the goods.
    5. The buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness of the goods which remain the property of the seller, but if the buyer does so all monies owing by the buyer to the seller shall (without prejudice to any other right or remedy of the seller) forthwith become due and payable.

 

  1. Warranties and Liabilities
    1. Subject to the conditions set out below the seller warrants that the goods will correspond with any specification given at the time of delivery and will be free from defects in material and workmanship for a period of 2 months from the date of their initial use or 12 months from delivery, whichever is the first to expire.
    2. The warranty in clause 8.1 above is given by the seller subject to the following conditions:
      1. The seller shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the buyer;
      2. The seller shall be under no liability in respect of any defect arising from fair wear and tear, willful damage, negligence, abnormal working conditions, failure to follow the seller’s or manufacturer’s instructions (whether oral or in writing), misuse or alteration or repair of the goods without the seller’s approval in writing
      3. The seller shall be under no liability under the warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment
      4. The warranty does not extend to goods or parts, materials or equipment not manufactured by the seller, in respect of which the buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the seller.
    3. Where the seller is not the manufacturer of the goods, the seller will endeavour to transfer to the buyer the benefit of any warranty or guarantee given to the seller.
    4. The seller shall not be liable for a breach of the warranty unless:
      1. The buyer gives written notice of the defect to the seller within 7 days of the time when the buyer discovers or ought to have discovered the defect;
      2. The seller is given a reasonable opportunity after receiving the notice of examining such goods and the buyer (if asked to do so by the seller) returns such goods to the seller’s place of business at the buyer’s cost for the examination to take place there.
    5. Subject to clause 8.2 and 8.4, if any of the goods do not conform with the warranty the seller shall at its option repair or replace such goods (or the defective part) or refund the price of such goods at the pro rata contract rate provided that, if the seller so requests, the buyer shall, at the buyer’s expense, return the goods or part of such goods which is defective to the seller.
    6. If the seller complies with clause 8.5 it shall have no further liability for a breach of the warranty in respect of such goods.
    7. Any goods replaced will belong to the seller and any repaired or replacement goods will be warranted on the terms of this clause 8 for the unexpired portion of the 12 month period or the manufacturer’s warranty as the case may be.
    8. Subject as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), the seller shall have no liability for any defect in the quality of the goods or their failure to comply with any description or sample given to the buyer or be fit for any purpose and all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

 

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