Credit application form

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Terms and Conditions
1 PRICES AND QUOTATIONS
Prices quoted are invitations to treat and are subject to the terms stated in our quotation and are subject to VAT at the prevailing rate. We reserve the right to revise our prices. Typing and clerical errors are subject to correction.
2 SPECIFICATIONS
Information regarding weights, measurements, capacities, performances and other data generally relating to the Company’s goods contained in advertisements, catalogues, price lists, illustrations or similar matter submitted to the Customer by us must be regarded only as approximate and intended only to present a general description, and we accept no liability for any error or omission therein.
3 ORDER
All orders are subject to our acceptance in writing on these terms and conditions except where we agree in writing otherwise. These terms and conditions supersede all previous promises and representations. Where goods are ordered to be delivered by instalments, each delivery shall be deemed to constitute a separate enforceable contract. It is to our mutual interest that wherever possible Customers shall issue a written order for their requirements. We cannot be responsible for any inaccuracies transmitted by telephone.
4 CANCELLATIONS
Customers have no rights to cancel orders that we have accepted. Only exceptionally will we - at our discretion - allow cancellation, but never in the case of goods ready for despatch or in the process of manufacture.
5 DELIVERY
Should we for any reason whatsoever be unable to deliver goods as agreed (including any provision as to the period of manufacture or date of delivery) we may delay, suspend or reduce deliveries but shall be under no liability to the Customer for this and the Customer shall accept such delayed or suspended or reduced deliveries and shall pay therefore the same proportion of the total purchase price as such deliveries bear to the whole of the goods. Please note - our drivers when making delivery, are not allowed to accept notes for goods signed “Unexamined”.
6 BREAKAGES AND SHORTAGES
When goods are delivered by our transport, breakages and other discrepancies must be noted at time of delivery and Delivery Notes marked accordingly. When delivery is by transport other than our own all breakages and shortages must be signed for accordingly, and in addition a written notice must be sent within fourteen days both to ourselves and to the Suppliers/Carriers. No responsibility can be accepted unless this is done. No claim regarding errors in invoicing will be recognised unless received by us within twenty eight days of the date of the Company’s Advice Note or Invoice, as the case may be.
7 NON DELIVERY
In the event of non-delivery of a complete consignment we must be notified within fourteen days of despatch, otherwise no responsibility can be accepted.
8 OWNERSHIP AND RISK
Any goods sold by us to the Customer shall remain our property until the goods are paid for in full.
Risk in goods shall pass to the Customer immediately on delivery to the Customer or its Agent. Loading or off-loading of the goods by the Customer is undertaken at its risk.
9 RETURN OF MATERIALS
We cannot accept the return of goods obtained or made specially to Customers’ instructions. We reserve the right to make a handling charge on other goods returned. Arrangements for the return of goods must be made with one of our directors and our drivers cannot accept goods without our written instruction.
10 LIABILITY
Although we believe the goods supplied by us are of sound commercial quality, we do not promise that quality or their fitness for any particular purpose even if that purpose is known to us. Goods not of our manufacture are guaranteed only to the extent of the maker’s warranty, if any, and without further responsibility on our part. No other claims, charges or expenses for costs of removing, refixing or any other consequential loss or damage can be admitted. All other conditions, warranties, representations (excluding fraudulent representations) whether express or implied by the Sales of Goods Act 1979 or otherwise are excluded (save where the Customer is a person dealing as a Consumer).
11 FAILURE TO PAY
Failure by Customers to pay in accordance with the terms of the contract for goods delivered shall entitle us at our option to withhold further deliveries, both in respect of the Contract or series of Contracts in question and any other Contract for delivery of goods to the Customer until payment has been made in full. The Customer shall in such event also be liable to us for the cost of all materials and work in connection with manufactured or partly manufactured articles acquired or made by us for the purpose of future deliveries to the Customer, less an allowance for the value thereof as realised or as utilised by us for other purposes.
12 MONIES OUTSTANDING BEYOND OUR NORMAL CREDIT TERMS
Any account outstanding beyond our credit terms of reference will be passed to our solicitors and will be subject to a minimum surcharge of £50.00 to cover the costs incurred in obtaining payment.
13 INTEREST CHARGED ON OUTSTANDING ACCOUNTS
Interest will be charged at 4% over National Westminster Bank plc Base Rate from time to time on any overdue invoice, both before judgment and after it.
14 TERMS
Accounts are due on 30th day of the month following date of invoice.
15 FORCE MAJEURE
In the event that GBP are prevented from or delayed in carrying out the obligations under the Contract as a result of any cause beyond our control such as, but not limited to: acts of God, governmental intervention or restriction; war; riots; strikes or trade disputes (including by our own employees); power failure; inadequate performance of computer systems; fire; flood; default of suppliers or sub-contractors; or breakdown of plant or equipment then GBP shall be relieved of its obligations and liabilities under the contract.
16 LEGAL CONSTRUCTION
The contract shall be governed by English law and be subject to the exclusive jurisdiction of the English courts.