Terms and Conditions
Definitions:
In these General Conditions, the following expressions shall have the following meanings:
“Contract”- means the Contract for the purchase and sale of Goods subject to these General Conditions of Sale together with the purchase order or Order Acknowledgement.
“Customer” the person, firm or company to whom D R Baling Wire Manufacturers Ltd is selling.
“Delivery Note” means a list supplied to the Customer on delivery of the Goods confirming which Goods are being delivered.
“General Conditions” means these General Terms and Conditions of Sale.
“Purchase order“ the order acknowledgement, which has been completed by D R Baling with details of this Contract
including the Goods, price and (if relevant) Services.
“Goods” the goods, materials, equipment and/or services (as applicable) being sold by D R Baling Wire Manufacturers Ltd to the customer.
“D R Baling” means D R Baling Wire Manufacturers Ltd of Oxspring Wire Mills, Oxspring, Sheffield, S36 8YW.
“Writing” includes email, internet order, telex, cable and facsimile transmission and comparable means of communication.
1. The Contract –
1.1 A Contract for the purchase and sale of goods is made and an order is accepted only on and subject to these conditions of business. All other conditions are hereby excluded unless expressly accepted in writing by D R Baling prior to the commencement of business.
1.2 A quotation shall only constitute an invitation to treat. All orders are subject to acceptance by D R Baling on an official purchase order or (if no purchase order has been sent) acceptance of the Goods will indicate an acceptance of these General Conditions.
2. Price and Payment -
2.1 The agreed price is specified on the order quotation raised by D R Baling and must be specified by the customer in their purchase order or agreed in writing by D R Baling. D R Baling will also be entitled to increase the price to take into account all or any of the following:
2.1.1 any additional costs incurred by D R Baling as a result of the Customer’s instructions or lack of instructions or failure to comply with these terms;
2.1.2 any increase of any nature in D R Baling’s costs.
2.2 If the customer has not been granted extended credit terms in writing with D R Baling, then payment in full must be made on or before forty five days from the date of invoice.
2.3 D R Baling reserves the right to charge interest at 2% above the prevailing Bank of England base rate per month in the case of overdue accounts.
2.4 All prices are exclusive of VAT and any other duties or taxes, which the Customer shall be liable to pay to D R Baling.
2.5 All prices are subject to delivery costs, unless otherwise agreed.
2.6 All former stands remain the property of D R Baling. The Customer will make stands available for collection from its premises by Hauliers on behalf of D R Baling.
3. Delivery
3.1 Any delivery date specified by D R Baling is an estimate only; D R Baling accepts no responsibility for delay, however caused.
3.2 If D R Baling are unable to fulfil their contractual requirements through a cause beyond its control, then D R Baling will, without liability, have the option to suspend or cancel any obligation on its part not performed.
3.3 Deliveries of the Goods will be to the Customer’s site and the cost of delivery will be charged to the Customer if applicable. The Customer is required to provide clear access to the point of delivery and off-load the Goods promptly on their arrival.
3.4 If the Customer fails to take delivery of any Goods, D R Baling may without prejudice to any other rights, sell the Goods. The Customer shall be liable for all costs and expenses incurred by D R Baling and the difference between the proceeds of sale and the price of the Goods.
4. Acceptance
4.1 The Customer will inspect all Goods immediately on delivery and sign the Delivery Note confirming the quantity of Goods delivered.
4.2 The Customer has 7 days from delivery to inspect the Goods to ensure they are in accordance with the contract (regarding quantity, weight, number and volume) and to notify D R Baling in writing of any defects in quality. If the Customer fails to give such notice within this period it will be deemed that the Customer has accepted them all, has no right to reject the Goods and will be bound to pay for them.
4.3 D R Baling is entitled to make deliveries by instalments.
5. Customer’s Obligations
5.1 The Customer will ensure that the drawings specifications and instructions supplied are accurate and suitable and do not infringe any (without limitation) patent, registered design, unregistered design, trade mark, copyright or other intellectual property rights of any third party.
5.2 The Customer agrees to indemnify and keep indemnified D R Baling against all (without limitation) claims costs expenses liabilities and proceedings (whether actual or threatened) resulting from any breach of the Customer’s obligations set out in clause 5.1.
5.3 The Customer will pay D R Baling all costs and expenses (including any legal costs on a full indemnity basis) incurred or sustained by D R Baling in retaking possession of the Goods, under clause 5.2, and in enforcing any of the terms of this Contract.
6. Risk
6.1 On delivery D R Baling does not accept any responsibility for accidents or injury occurring from lifting products by the strapping, bundling wire or formers. Goods supplied by D R Baling shall be at the Customer’s risk immediately on delivery and the Customer should insure accordingly.
6.2 The Goods remain the sole and absolute property of D R Baling as legal and equitable owner until the Customer has paid full for all the Goods and all other goods the subject of any other contract with D R Baling.
6.3 D R Baling reserves the right to retake possession of the Goods which shall be immediately effective if payment is not made in accordance with our terms and conditions of sale
What Can I Do Next…
Do you have a question or query or would you like to know more about our products and how we can help you?
- Call us on 01226 766775 or 01226 766276
- Drop us an email at enquiries@drbalingwire.co.uk