In these conditions of sale “the Seller” means Enviroclean Supplies and “the Buyer” means the party to whom goods are sold or supplied by the Seller. Headings are included for reference only and do not affect the construction of these conditions of sale.
All orders shall be subject to these conditions. Unless otherwise expressly agreed in writing by the Seller, no variation of these conditions of sale shall be effective against the Seller and these conditions of Sale shall take precedence over any other conditions contained on or in any letter, acceptance form, receipt or the like received by the Seller or stipulated, incorporated, or referred to by the Buyer in his order or negotiations in connection with the goods ordered.
Any quotation by the Seller is not an offer for sale but shall be merely an invitation to treat. All quotations are subject to withdrawal or amendment by the Seller at any time prior to therein. Such quotations are not binding until the Seller has accepted an order in writing. The Seller reserves the right to revise quoted prices and charges in the event of any changes in the Seller’s costs and/or prevailing conditions between the date of quotation and the date of dispatch. Cancellation will only be accepted on condition that all costs and expenses incurred by the Seller up to the time of cancellation and all losses of profits and other loss of damage resulting to the Seller by reason of such cancellation will be reimbursed by the Buyer or Seller. Cancellations will on no account be accepted for “special” or non-catalogue items.
Machine Warranty Claims
Manufacturers’ warranties on cleaning machines are intended to protect the Buyer against faults in manufacture, and do not necessarily mean that any serving required during the warranty period will be free of charge. Faults caused by wear and tear in use, negligence, etc., are NOT covered by warranty, and a repair charge will be made in such cases. If a claim is to be made under warranty this must be stated at the time the repair is ordered.
a) Notwithstanding delivery, equitable and beneficial ownership to the goods shall not pass to the Buyer until all sums due and owing on any account whatsoever by the Buyer to the Seller have been paid in full. Until such a time, the Buyer shall hold the goods as bailee of and in a fiduciary capacity for the Seller and shall:
i. Keep the goods marked or stored separately from other goods so as to be identifiable as the property of the Seller,
ii. Deliver the goods up to the Seller on demand; and
iii. Permit and/or make all necessary arrangement for the Seller or its agents to enter upon the Buyer’s or other relevant premises in order to retake the possession of the goods.
b) The Buyer shall be entitled in the ordinary course of its business to sell any goods that remain the property of the Seller on condition that:
i. Such goods are sold on commercially reasonable terms
ii. To the extent of any such sums due or owing by the Buyer to the Seller, the proceeds of any such sale are held by the Buyer on trust for the Seller, and paid over to the Seller on demand; and
iii. The Buyer indemnifies the Seller in full against any liability to third parties arising upon, after or out of such sale.
The risk in the goods shall pass to the Buyer when the goods are delivered to the Buyer. Delivery to a carrier or to any person firm or company on the Buyer’s behalf shall constitute delivery to the Buyer.
Minimum carriage paid order for delivery by the Seller’s vehicles £80 sterling value (excluding V.A.T)Carriage may be charged at cost for all deliveries outside of the Seller’s van delivery area.If goods are sent at the Buyers request by more expensive means of transport, the additional carriage cost may be charged to the Buyer.Minimum order £10 sterling value subject to carriage charge.
All accounts are on a strictly nett 30 days’ payment basis which means that payment must be made within 30 days of the date of invoice. All other transactions are either cash with order, or cash on delivery/collection at the Seller’s jurisdiction.In the event that payment of the full price for goods is not made to the Seller by the due date all amounts owing to the Seller for goods supplied become due immediately and the Seller shall be entitled to charge interest at the rate of 3% over the Base Lending Rate of National Westminster Bank PLC for the time being from the date of dispatch of goods by the Seller until the date of actual payment.
Orders are accepted at the price ruling on the date of invoice and prices are subject to alteration without notice. Prices shown in the Seller’s published catalogue, website and other literature are therefore for guidance only and apply to the United Kingdom mainland only.
Liability and Claims
The Seller shall not be liable for indirect loss or third party claims occasioned by delay in completing the contract or for any loss to the Buyer arising from delay in transit however caused.If any goods are defective for any reason, including negligence, the Seller’s liability (if any) shall be limited to rectifying such defect but the Seller shall not be deemed liable merely because the Seller has endeavoured to rectify such defect or defects.No warranty is to be implied as to the suitability of the goods ordered for any purpose whether known to the Seller or not.Dimensions and other details of design are stated in good faith, and as quoted by our manufacturers and suppliers, but are not binding and may be varied without notice.Whenever goods are manufactured to a Buyer’s type, size or design, the Seller reserves the right to a 10% variance of quantity ordered. The Seller will adjust the final invoice price in accordance with any such variance.Claims for damages, shortages or non-delivery must be made in writing to and received by the Seller within 14 days of despatch of the goods
Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Seller or to such variation as he may find necessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, war, strike, lockout or other labour dispute, civil disturbance, fire, flood, drought, Legislation or other cause (whether of the foregoing class or not) beyond the Seller’s control.
These conditions of sale and any question, disputes or matter relating to them and all other express terms of the contract shall be governed and construed in accordance with the Laws of Scotland.