The following conditions apply to the sale of goods, material or equipment, and to the hire, servicing or repair of goods supplied, repaired or serviced by Valley Northern Ltd hereinafter called ‘the Company’. No alterations or additions to nor exclusion of, any part of these conditions shall be valid in law unless specifically agreed in writing by a Director of the Company. Nothing in the Buyer’s Terms of Purchase shall override, cancel or modify any of the Company’s Standard Conditions of Trade. Orders placed shall be taken as acceptance of these Terms and Conditions. Once the Buyer has placed an order this shall be binding. For advertising the Seller may refer to the customer without requiring consent.
‘Buyer’ herein shall include Buyer, hirer, lessee, owner or any other person who is in charge of goods supplied by the company or whose name is on the purchase order. ‘Goods’ shall include articles, equipment, spare parts and any other items supplied, serviced, repaired loaned or hired by the Company.
Prices and Terms of Payment:
Charges for goods and services supplied by the Company shall be paid in full in GBP within 7 days of delivery or completion unless the Buyer has an account with the Company. An application for the opening of a credit account with the Company shall include an undertaking by the applicant that he/she has read and agreed to the Company’s Standard Conditions herein. Where the Buyer has an account, payment shall be made within 28 days from invoice date. If the Buyer is offered a settlement discount, this will be shown on the Buyer’s invoice. VAT will be charged on the full value. The Buyer can recover the actual VAT paid to the Company as input tax through the Buyer’s VAT return.
If payment from the Buyer is delayed, the Buyer shall pay to the company interest on monies outstanding at the rate of 8% above the current base rate per month or part month on the outstanding balance until payment. The Company may at its absolute discretion close the Buyer’s account at any time and any balances due shall be paid immediately by the Buyer to the Company. If the Buyer runs overdue on the whole amount, to date becomes payable on demand. Should payment be delayed beyond the agreed terms of 28 days, the Company reserves the right to put the buyers account on stop and also reserves the right to apply at its discretion and at any time a late payment fee of £30 in addition to monies outstanding and any interest charges levied.
The Company reserves the right to adjust prices without notice. Prices quoted are ex-works unless specified otherwise.
The property in and title to goods supplied by the company shall remain within the Company until
(a) the Buyer shall have paid the price plus VAT in full and
(b) no other sums whatever shall be due from the Buyer to the Seller. In the event of a non-payment of sums to the Company from the Buyer, the Company shall be entitled to enter the Buyer’s premises and to physically repossess and remove therefrom goods supplied by the Company for which payment has not been received. It will be assumed that where the Buyer purchases similar goods from the Company on a regular basis that a stock rotation system has operated and goods still held relate to invoices still outstanding for which payment and VAT has not been made.
(c) the risk in the goods shall pass from the Seller to the Buyer upon
delivery of such goods to the Buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for all goods delivered to the Buyer under this and all other contracts between the Seller and the Buyer for which payment of the full price of goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Seller and the Buyer under which goods were delivered.
Specification of Goods: Defects:
The Seller reserves the right to carry out audits on the Buyers premises and inspect goods supplied. It is the responsibility of the Buyer to examine the goods supplied by the Company and to identify any defects in material and/or workmanship or any hazards that might cause damage or injury. Illustrations, descriptions, weights, samples and measurements shall be taken by the Buyer as a guide only, and are not binding in detail. The Company reserves the right without notice and without affecting the validity of the contract to make such changes in materials, dimensions and design as are reasonable and desirable. The Seller shall not be force majeure liable for failure caused by circumstances outside of the control of the Seller. The Buyer shall take all steps available to minimise the effects on the supplier.
Where assembly of goods supplied by the Company is not undertaken by the Company, the Buyer shall be responsible for assembly in accordance with the Company’s instructions and shall ensure that such instructions have been obtained from the Company. Failure to assemble the goods in the manner prescribed in the instructions supplied with the goods will invalidate the Company’s responsibility for damage caused to or by the goods.
Advice, Information and Opinion:
Advice, information and opinion given by any Director, Employee or Agent of the Company is given without legal responsibility. Any recommendation or suggestion made by the Company relating to the use of goods, whether in technical literature or in response to specific enquiry, is made in good faith, but it is for the Buyer to satisfy himself of the suitability of the goods for his particular purpose, and he shall be deemed to have done so. Information provided shall be deemed as confidential and respected as such. Intellectual rights supplied by the Seller shall belong absolutely to the Seller. It is the Buyer’s responsibility to consider if goods are of a hazardous nature and take relevant precautions.
Limit of liability:
The Company shall not be liable for damage or injury caused by its goods or workmanship beyond replacement of the goods or work on verification of the Buyer’s complaint. The Company shall not be liable for any consequential loss caused by its failure or delay in supplying, servicing or repairing goods, whether the loss arises from the actions or from the omissions of the Company, its Employees, Agents or Subcontractors. The Buyer shall at its own expense ensure goods bought comply with relevant laws, regulations and orders of the country.
Any time named by the Company for the delivery of its goods is an estimate only, and while every effort will be made to deliver on time the Company will not be liable for any consequences of a delay in delivery. Claims by the Buyer for damage during transit, shortages or non-delivery must be made to the Company in writing within two days of the date of delivery. The Seller may withhold delivery at his discretion.
Guarantees given shall not be applicable outside England unless expressly stated otherwise by the Company in writing. Any guarantees given will be invalidated if the goods supplied by the Company are subjected to misuse or accidental damage after the Buyer has taken delivery of them.
The Directors of the contracting company customer/client agree they are and will be jointly and severally liable for the cost of the goods and/or services ordered and any consequential losses arising therefrom including but not limited to damages, and such Directors further jointly and severally guarantee to pay amounts deemed to be due to Valley Northern Ltd forthwith on demand personally.
1. Goods not faulty but no longer required by the customer, or where the customer has ordered incorrectly or not specified the correct size or colour, etc, will only be accepted for credit within 5 days of the delivery provided they are in perfect condition and in the original packaging. A 15% handling charge will normally apply. No goods are accepted for return after 20 days.
2. Goods ordered specially (non-stock lines) will not be accepted back for credit.
3. Products from the furniture section are not stocked in our main warehouse. Therefore all returns will incur a carriage charge.
4. To return goods, please telephone our Sales Team quoting the delivery note number to issue you with a returns authorisation. Drivers are not able to collect products without a collection note.
Terms of Trading Summary:
Loss or damage must be notified to us within 2 working days of delivery. Title of goods will remain with us until the invoice is paid in full. Risk passes at time of delivery. All sales are made subject to our Terms and Conditions. Special order products are non-returnable. Late payments may be subject to penalty charges.
E. & O.E. This agreement with the Buyer shall be governed by English law and courts.