Terms and Conditions of Use

TERMS AND CONDITIONS

 

INTERPRETATION

 

• In these Conditions “we” means Totton Timber Co. Ltd; “you” means the person firm or company purchasing the Goods from us; “us”, “you”, “our” and “yours” should be interpreted accordingly; “items” means those supplies forming the subject matter of the contract between us. “Goods” means those services and/or items forming the subject matter of the contract between us: “These Conditions” means the items and conditions set out below.
• These Conditions the singular shall include the plural and vice versa, and use of gender shall be immaterial.
• The headings of each provision in these Conditions are intended to be for convenience only and will not have an effect on interpretation.
• Nothing in these Conditions shall exclude or restrict any statutory rights conferred upon you where you deal as a consumer within the meaning of the Unfair Contract Terms Act 1977.

 

APPLICABILITY OF CONDITIONS

 

• These Conditions apply to any contract of sale of Goods to you to the exclusion of any other terms (whether express or implied) save any accepted or notified by one of our directors in writing. Any order from you gives rise to a binding contract with us only when we have notified you in writing that the order is accepted of (if later) when we have made delivery of the Goods to you.
• Prices are exclusive of Value Added Tax which will be charged at the rate ruling at the date of the invoice.
• We will endeavour to charge those prices which are set out in our most current price list/catalogue but prices are subject to alteration without prior notice and orders will be invoiced at those prices ruling at the date of despatch of the Goods or the date of invoice whichever is the later. Any prices stated in our quotation will be fixed for the period stated therein, if any.

 

QUOTATIONS AND PRICES

  3.1 We reserve the right to revise quoted prices and charges in the event of any change in our costs and/or prevailing conditions between the date of quotation and the date of despatch, and in the event of any relevant devaluation or revaluation of any currency. We shall be entitled to add to the contract price any value added tax, import tariff or other similar tax which is chargeable in respect of the goods and/ or raw materials used therein and supplied by us. 

DELIVERY

  4.1 Any dates, times or periods of Goods quoted by us are estimates only and we shall not be liable for failure to meet any such estimates or for any costs, charges or expenses incurred as a result of any delay. You will not be entitled to refuse to accept Goods or to cancel your contract with us merely because of such failure.  

CLAIMS

  5.1 Notice of any claim relating to a shortage or damaged goods should be made to us verbally at the time of delivery and confirmed in writing within 72 hours of delivery. 5.2 We will consider claims only if the above conditions are met and the claim is signed by you and accompanied by full particulars giving your order number and a copy of our delivery note and invoice. 5.3 Our liability in respect of any shortage, loss or damage to the Goods shall be limited to the proportion of the price attributable to those which have been undelivered, lost or damaged.  

PAYMENT TERMS

 

• Unless otherwise agreed between us in writing, payments for Goods purchased on account are “Strictly 30 Days Nett”. Cash Sale orders should be paid for in full before or on delivery.
• Where we have agreed to discount the price due for Goods, this is strictly conditional upon full payment of that amount being made within the agreed credit period, and in the case of late or non-payment, without prejudice to any of our other rights, we reserve the right to charge to you an amount equivalent to the value of the discount, which will be immediately due.

6.3 Payment will not be deemed to have been made until any and all cheques, drafts and bills by which payment is to be effected has been cleared or honoured as the case may be. 6.4 If any payment falls into arrears we may cancel or postpone performance of any contract with you in whole or in part. The Seller reserves the right to charge interest under the Late Payment of Commercial Debts (Interest) Act 1988 in lieu of interest.  

 

TITLE AND RISK

  7.1 Title in and property to the goods shall not pass to the Buyer until the Seller receive payment in full of all monies owing from the Buyer for those goods, and the Buyer acknowledge that he is in possession of the goods solely as bailee for the Seller until such time as the full price thereof is paid to the Seller. 7.2 Should the Buyer default in any payment when due the Seller will be entitled to repossess all the goods held by the Buyer which are still the Seller’s property (without prejudice to any other right arising out of such default in payment) and for this purpose the Seller will be entitled to enter upon any land or buildings on or in which the goods may be situated and to remove same. All costs incurred by the Seller in repossessing the goods shall be borne by the Buyer. 7.3 Responsibility for the safe custody protection and preservation of the goods after delivery has or is deemed to have taken place shall rest with the Buyer and shall in any event remain liable to pay for all goods delivered.  

CANCELLATION

  8.1 Unless we are in breach of our obligations under these Conditions, you may cancel or suspend your contract with us only with our prior written consent following agreement between us as to any reimbursement which we may require to compensate us for such cancellation.  

TERMINATION

  9.1 We shall be entitled (without prejudice to any of our other rights) to terminate any contract between us if you:

• become insolvent, or
• fail to pay any amounts falling due to us, whether under these Conditions or otherwise; or
• commit a breach of any term of our contract with you or any other contract which we may have with you; or

9.1.4 are declared bankrupt, or compound with your creditors or have a receiver appointed over any of your assets of; being a company; go into voluntary (other than for purposes of bona fide solvent amalgamation or reconstruction) or compulsory liquidation, or enter into a composition with your creditors of have an administrative receiver appointed over all or part of your assets, or if you are otherwise declared insolvent or prohibited from trading.  

FORCE MAJEURE

  10.1 We shall not be liable to you in respect of any matter which results from any act of god, war or riot, extreme weather, strikes or any events of any description which are beyond our reasonable control

 

GENERAL AND LAW

  11.1 These Conditions represent the entire agreement between us and supersede all earlier warranties, representations and statements (whether oral or in writing) and may only be varied or amended by agreement in writing between us. 11.2 Our contract with you is personal to you and you will not be entitled to assign the whole or any part of the benefit and/or burden of our contract without our prior written consent. 11.3 The validity construction and performance of the contract between us will be governed by English Law and we and you both submit to the exclusive jurisdiction of the English courts. 11.4 Any person who is not a party to a Contract shall have no rights under the Contract (Rights of Third Parties Act) 1999 to enforce any of its terms.