Terms & Conditions of Sale
Definition
The following terms used in these Terms and Conditions of Sale will mean as follows:
‘Company’
Newfield Fabrications Co. Limited.
‘Customer’
The Company, Firm or Person purchasing goods or services from the Company.
‘Contract’
The Sale taking place between the Company and the Customer.
‘Goods’
Any product or service supplied by the Company.
General
All orders accepted by the Company for the supply of goods and all goods subsequently supplied, will be accepted and supplied in accordance with the Terms and Conditions of Sale.
Quotations/Prices
All quotations are made and all orders are accepted subject to these Terms and Conditions of Sale and no addition thereto or variation therein shall be made unless agreed in writing by the parties. These Terms and Conditions shall prevail over any terms and conditions contained in the Customer’s order.
The Company reserves the right to refuse the Customers acceptance of a quotation unless such quotation is stated to be open for a specific period and is not withdrawn within such period. All prices which the company quotes are based on materials, labour, transport and other cost prevailing at the date of the Contract and are subject to variation without notice. Orders can only be accepted on the understanding that supplies will be invoiced at the prices ruling at the date of despatch.
Divisibility Clause
This Contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate Contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment.
Delivery
Where delivery of goods takes place by the Company’s own vehicle, no carriage charge will occur unless by prior arrangement.
Where delivery takes place by other means the Company reserves the right to charge the Customer accordingly.
Returns/Rejection of Goods
Unless otherwise agreed, goods rejected by the Customer as not complying with the contract must be so rejected within 10 days of receipt by the Customer.
Loss or Damage in Transit
No responsibility will be accepted for any discrepancy in the quantity of goods or damage thereto unless notified to the Company in writing within 10 days of receipt by the Customer.
Risk
The risk in all goods the subject on any Contract passes to the Customer at the time the Contract is made.
Ownership of Goods
All goods supplied by the Company shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the Customer shall have paid to the Company the price therefore together with the price of any other goods the subject of a Contract between the Company and the Customer. The Company may enter upon any premises where the goods are stored to repossess the same and until such time as the Customer becomes the owner of the goods the Customer will store them at the Customer’s premises separately from any other goods and in the manner which makes them identifiable as goods of the Company.
The Customer shall be licensed to agree to sell or sell the goods supplied but on the express condition that the whole of the proceeds of sale are held in trust for the Company and not paid into any overdrawn banking account.
Payment
Unless otherwise agreed in writing, payment in full is due in respect of any goods delivered by not later than one month from the date of the invoice.whilst having access to up to their status at any time.