GBT Ltd Terms & Conditions
TERMS OF BUSINESS / CONDITIONS OF SALE
“The Company” referred to is GBT Limited and “The Customer” is the person, firm or company contracting with the Company. All orders are accepted strictly on the understanding that the Customer accepts these conditions of business. This agreement forms the entire agreement and supersedes and replaces all prior agreements and understandings. To ensure continuity of supply or due to manufacturer alterations, the items we supply may not be identical to the catalogue or website illustrations.
Notwithstanding any offer, tender or price list, orders can only be accepted at price ruling at the date of dispatch. Prices quoted do not include VAT, which will be charged at the rate ruling at the time of dispatch. Tenders are open for acceptance for 28 days from date of tender unless stated otherwise overleaf.
All orders must be accompanied by sufficient information to process the order forthwith, otherwise the Seller shall be at liberty to amend the price or prices to cover any increase in cost which has taken place after acceptance.
Where cancellation of an order is involved, a charge assessed on the costs incurred up to the date and time of cancellation will be made, including re-stocking charges from suppliers.
Payment is strictly net and due within 28 days from the date goods are delivered.
The Company reserves the right to charge interest on overdue accounts at 5% p.a. over H.S.B.C. minimum lending rate and an indemnity against any solicitors costs incurred by the Company in collecting any late payment in the event of default in payment by the Customer in accordance with agreed terms the Company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries and services without notice.
6. Passing of Property
Any goods or products delivered by the Company to the Customer or his nominee shall remain (save as regards risks thereto) the property of the Company until all invoices rendered by the Company to the Customer or his nominee have been discharged in full and in the event of default or delay in payment howsoever arising the Company shall be entitled to demand the return of the goods which shall be forthwith delivered up to the Company. The Customer agrees that the company is seeking to exercise its rights under this clause and may at any reasonable time enter the Customer’s premises and remove the Company’s goods. Should the Customer resell the goods or products prior to such payment the Company’s beneficial entitlement shall attach to the proceeds of resale or to any claim for such proceeds. Such proceeds shall be held by the Customer as Trustee for the Company in a separate designated account and any rights of the Customer to receive such money shall be assigned to the Company on demand. The Customer further undertakes to indemnify the Company in respect of all costs, expenses, damages and claims of any description material to the recovery of the goods or products from the Company or any third party.
Unless stated, prices exclude unloading, positioning or installation. The Company will deliver as near as possible to the site as a safe hard road permits. The risk in the goods shall pass to the Customer on arrival at the delivery premises. Damage due to inadequate site access or unloading shall be at the Customer’s risk. Ensure access areas are adequate for the size of equipment ordered, returns are chargeable.
8. Delivery Dates
Delivery periods stated on Tenders and acknowledgements are from receipt of full and final instructions, in writing, enabling the work to be put in hand, but exclude statutory holidays. Time lost in delay in providing such details will be added to the original period. If the work is delayed by reasons outside the Sellers control or modifications made by the Buyer or his representatives, the Seller shall be entitled to an extension of the time stipulated for compensation. Valid reasons for extensions shall include strikes, lock-outs, war, fire accidents or defective materials. The Seller shall not be liable for any penalty for late delivery nor for any payment of liquidated damages.
Time for performance is given in good faith as accurately as possible, but is not to be of the essence of the contract. The Customer shall have no right to damage or to impose penalties or to cancel the contract for delay arising from any cause unless agreed by the Company in writing.
10. Shortages and Damages
The Customer or his nominee must inspect all deliveries while the driver is on site or alternatively the goods should be signed for as goods “Unchecked.” All goods must be immediately inspected upon arrival and will be replaced free of charge if damaged in the course of transit by the Company’s hauliers provided the Company receives notification within 24 hours of delivery. If this procedure is not adhered to the Company will not accept any liability for damaged goods. Where goods are delivered direct to site it is the Customer’s responsibility to ensure that there is a responsible person on site to inspect and to sign for the goods.
11. Third Party / Public Liability
Save so far as defect in the products cause death, injury or damage to personal property, the Company’s liability for any loss or damage shall be limited to the invoice value of the goods. Without prejudice to the foregoing the Company shall in no circumstances be under any liability in contract or otherwise for indirect or consequential loss or damage of whatsoever kind and howsoever cause, suffered by the Customer or others, save as may be expressly imposed by statute.
12. Law and Jurisdiction
The contract shall be governed and construed in all respects in accordance with the Laws of England and shall be subject only to the jurisdiction of the English Courts.
It is the Customer’s responsibility to determine that the equipment to be purchased from the Company is suitable for the purposes, and meets the needs of the end user and relevant site condition. It is the Customer’s responsibility to ascertain the type of warranty applicable to the equipment at time of ordering.
A re-stocking charge of 25% will be charged as standard. Non-stock or special build products are non returnable.
Return of goods will be accepted only by prior written agreement with the Company Goods returned must be unused and in its original condition and packaging.
Installation is to within one metre of the unit, the stop tap and to the electrical isolator and waste, to be carried out during normal working hours. This quotation applies to installations on ground floor level only and does not include any building, joinery (door widening/casings), electrical or plumbing alterations, which may be necessary, in order to install the equipment. Water pumps are optional extras and can be quoted for on request. PLEASE BE SURE TO CHECK ALL ACCESS SIZES FOR EQUIPMENT TO BE INSTALLED.
16. Entire Agreement
This contract constitutes the entire agreement between the parties hereto and supersedes all other representations, terms or conditions whether expressed or implied made by either party hereto either in antecedent negotiations or contained in the Buyers order and no amendment shall be made hereto except by written consent by both parties.
17. Insolvency of Buyer/Customer
17.1 This clause applies if:-
17.1.1 the customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
17.1.2 an encumbrancer takes possession or a receiver is appointed, of any of the property or assets of the customer; or
17.1.3 the customer ceases, or threatens to cease, to carry on business; or
17.1.4 the seller reasonably apprehends that if any of the events mentioned above is about to occur in relation to the customer and notifies the customer accordingly.
17.2 If this clause applies then, without prejudice to any other right or remedy available to the seller, the seller shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the customer, and if the goods have been delivered but not paid for price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
VAT Reg. Number 897 8801 48 Registered number 6055634