APPLICATION & ENTIRE AGREEMENT
(a) These Terms and Conditions will apply to the purchase of the Goods detailed in our quotations (Goods) by the buyer (you or customer) from (us, we, or supplier)
(b) These Terms and Conditions will be deemed to have been accepted by you when you accept them or quotation, or from the date of any delivery of the Goods, (which happens earlier) and will constitute the entire agreement between us and you.
(c) These Terms and Conditions and the quotations (together the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms and conditions that you may try to impose or which are implied by trade custom/practice or course of dealing.
(d) Goods mean any goods provided by the Company, as ordered by the Client.
(e) Client means the person or company placing an order with James Mossman Ltd.
(f) Company means James Mossman Ltd (registered in England & Wales No. 06650206)
(a) A “business day” means any day other than Saturday or Sunday or Bank Holiday in England or Wales.
(b) The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.
(c) Words imparting the singular number include the plural and vice-versa.
(a) All notices will be under these Terms and Conditions must be in writing by or on the behalf of the party giving notice (or by duly authorised officer of that party)
(b) Notices will be deemed to have been given: –
- When delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient.
- When transmitted by fax, or email and a successful transmission report or return receipt is generated.
- On the fifth business day following mailing by ordinary mail.
- On the tenth business day following mailing by airmail.
(c) All notices under the Terms and Conditions must be addressed to the most recent address, email address,
or fax number notified to the other party.
FORMATION OF CONTRACT
All goods sold by the company are sold subject to the Companies standard Terms and Conditions (as detailed) which form part of the Client`s contract with the Company. Terms and Conditions on the Client`s order form or other similar document shall not be binding on the Company.
The prices and quantities and time of delivery stated in any quotation are not binding on the Company. They are commercial estimates only which the Company will make reasonable efforts to achieve. Prices are based on current costs only and will be subject to VAT at the standard rate. Prices charged will be those ruling at date of despatch of goods.
Orders will be deemed to have been placed when a verbal or written instruction has been received from a responsible executive of the Client`s company, or in the case of a private individual, on receipt of payment of pro-forma invoice.
RIGHT TO SUB-CONTRACT
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work.
The Company will use its best endeavours to supply the materials within the quoted time, but time will not be the essence of the contact.
RISK OF LOSS
The risk of loss or damage to the Goods shall pass to the Client upon delivery of the Goods.
(a) New clients or other clients out of terms may be expected to pay in advance for their materials.
(b) all other invoices issued by the Company shall be paid by the Client within thirty (30) days of invoice unless otherwise agreed in writing by the Company.in the event of late payment, the Company may charge interest on the amount outstanding, before and after judgement, at the rate of five (5) percent above the Base Rate of the Bank of England in force from the due date until the due date of payment.
(c)If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute within seven days of delivery of the Goods, and shall pay the Company the value of the invoice less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed, any sum outstanding shall also be payable.
(d) The Company reserves the right to increase a quoted price in the event that the Client requests a variation to the quantity or type of materials supplied.
(a) Cancellation of the order by the Client will only be accepted on the condition that any costs, charges and expenses already incurred , including any charges that may be levied by the Company`s supplier or hauliers will be reimbursed to the Company forthwith.
(b) Cancellation of the order by the Client will not be accepted for special order items (i.e. certain types of bricks) where specific quantities and brick types are manufactured to order and reserved at the works before delivery. The Company will require payment for such materials, whether delivery is taken or not.
(a) Unless otherwise stated all deliveries are made in full loads to sites with hard standing, and safe access only, and deliveries can be accepted on articulated vehicles.
(b) Excess waiting/unloading time will be charged.
(c) The Company cannot be held responsible for any consequences arising from delay in delivery through causes beyond the Company`s control.
(a) The Client shall inspect the Goods at the place and time of unloading/collecting.
(b)The Client must advise the Company by telephone immediately and give written notice of any claim forshort delivery within three working days.
(c) The Companies liability for short delivery is limited to making good the shortage.
(a) The property in the Goods shall remain with the Company until the Client pays all sums due to the Company.
(b) The Company shall be entitled at any time to recover any or all Goods in the Clients possession which the Company have title to. The agents and employees (with necessary transport) to be permitted to enter any premises where the Goods may be situated.
LIMITATION OF LIABILITY
(a) The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery or defect in the Goods, nor any special , indirect economic or consequential loss or damage howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with supply, functioning or use of the Goods.
(b) Nothing herein shall limit either party`s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
(c) The Client shall fully indemnify the Company against any liability to third parties, arising out of the Client`s use of the Goods.
(a) When providing the Goods to the buyer (Client) the seller (Company) may gain access to and/or acquire the ability to transfer store or process personal data of employees of the Client.
(b) The parties agree that where such personal data takes place the Client shall be the “Data Controller” and the Seller (Company) shall be the “Data Processer” as defined in the General Data Protection Regulation (GDPR) as may be amended, extended, and or re-enacted from time to time..
(c) For the avoidance of doubt “Personal Data! Processing”, “Data Controller”, “Data Processer”, and “Data Subject”, shall have the same meaning as in the GDPR.
(d) The Seller (Company) shall only process “Personal Data” to the extent reasonably required to provide its Goods as mentioned in these Terms and Conditions or as requested by and agreed with the buyer (Client) and shall not retain any “Personal Data” longer than necessary for the processing, and refrain from processing any “Personal Data” for its own or any third party`s purposes
(e) The seller (Company) shall not disclose “Personal Data” to any third party, other than employees, directors, agents, subcontractors, or advisers on a strict need- to -know basis ,and only under the same (or more extensive) conditions as set out in these Terms and Conditions, or to the extent required by applicable legislation, and/or regulations.
(f) The seller (Company) shall implement and maintain technical and organisational security measures as requested to protect “Personal Data” processed by the seller (Company) on behalf of the buyer (Client). Further information about the seller`s (Company`s) approach to data protection are specified in its Data Protection Policy.
(a) The Company will not be liable to the Client for any loss or damage suffered by the Client as a direct result of the Company, its subcontractors or the list owner from whom the materials (Goods) is delivered being unable to perform the Contract in the way agreed by reason of cause beyond its control including “Act of God” accident, war, riot, lock-out, strike, flood, fire, power failure, breakdown of plant or machinery, delay in transit,
postal delay, or any other unexpected or cause or circumstance.
These Terms and Conditions shall be subject to and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.