"Supplier" means Tonge Bridge Timber Sales (U.K.) Limited
and/or its subsidiary of associated companies.
"Purchaser" means the limited company, partnership or individual
purchasing the goods and/or services the subject of the Supplier's
acceptance of our offer whether verbal or written is deemed
to incorporate the acceptance of the underwritten terms and
conditions except to those specifically waived or varied by
us in writing notwithstanding any terms in any conditions
of purchase purported to be to the contrary.
must give to the supplier sufficient technical and other information
to enable the Supplier to proceed with fulfilling the contract.
The Purchaser acknowledges that the sale is not a sale by
description and the supplier cannot be deemed to know the
actual purpose for which the goods are used. Goods are not
tested or sold as fit for any particular purpose.
are excluded from the contract between the parties any implied
terms which might otherwise by virtue of trade or other dealings
either generally or specifically apply.
quoted by the Supplier are exclusive of V.A.T. in the case
of sales within the United Kingdom. V.A.T. at the appropriate
rate must be added. In the event that the raw material and
other costs incurred including non-exhaustively imports or
other levies by the Supplier increase between the time that
the order is placed and the time of delivery, the Supplier
reserves the right to charge the price current at the time
In the case for orders for delivery within the U.K. and unless
otherwise stated, price is inclusive of delivery.
date quoted no matter how specific is for guidance only and
time shall not be deemed to be of the essence of the contract
unless previously agreed specifically as such by the Supplier
and the Purchaser in writing.
shall not be liable for any delay in delivery of goods.
goods are to be delivered in instalments, then each delivery
shall constitute a separate contract. Failure by the Supplier
to deliver any one or more instalments in accordance with
these conditions or any claim by the Purchaser in respect
of any one or more instalment shall not entitle the Purchaser
to treat the contract as a whole as repudiated.
Payments for the goods shall be made to the Supplier by the
Purchaser by the 30th day of the month following the month
of delivery of the goods unless otherwise agreed in writing
by the Supplier.
purchaser fails to make payment on the due date, then the
Supplier shall be entitled to:-
or suspend any further deliveries without responsibility for
Charge interest on all sums due at the rate of 5% per annum
above the basic rate appertaining from time to time of Barclays
and Title of Property
Risk of damage to or loss of the goods shall pass to the Purchaser
when the goods are delivered to or collected by the Purchaser
or it's agent.
risk in the goods having passed in accordance with paragraph
(a) hereof, title of the goods shall not pass to the Purchaser
until payment has been received by the Supplier for the goods
and any other goods supplied by the Supplier to the Purchaser.
the title in the goods passes to the Purchaser, the Purchaser
shall hold the goods upon trust for the supplier and shall
keep the goods separately from those of the purchaser and
third parties and clearly identify and mark the same with
labels as the Supplier's property and shall not incorporate
or use the same in any manufacturing process or part with
possession of the same until the goods are paid for.
payment of any sum due to the Supplier from the Purchaser
becomes overdue or if the Purchaser becomes insolvent or goes
into liquidation has a winding up order made against him or
appoints an administrator or administrative receiver over
it's assets, income or any part thereof or enters into an
arrangement with it's creditors either voluntary or otherwise,
all sums owed to the Supplier shall immediately become due
and payable and the Supplier shall have the right to recover
and resell the goods and may enter upon the Purchaser's premises
by it's servants or agents for that purpose.
for Loss or Defect
The Purchaser shall inspect the goods immediately upon delivery
and shall within 3 (three) days of delivery or in the event
of non-delivery within 7 (seven) days of invoice give notice
in writing to the Supplier by facsimile transmission and by
ordinary first-class post of any shortage, breakage, defect
or any other matter or thing by reason whereof it is alleged
that the goods are not in accordance with the contract.
in respect of which the Purchaser makes any claim hereunder
shall be preserved intact as they are for a period of 14 (fourteen)
days from notification of the claim in which time the Supplier
or it's agent shall have the right to attend the Purchaser's
premises and investigate the complaint and to take such samples
and make such tests or other enquiries as the Supplier thinks
Purchaser shall fail to give any notice or preserve the goods
as required pursuant to Paragraph (a) or (b) hereof then the
goods shall be deemed in all respects as if to be in accordance
with the contract and fit for the purpose and of merchantable
quality and the Purchaser shall be deemed to have received
and accepted the goods.
The Supplier warrants that the goods are as described in the
Company's current literature (which the Company reserves the
right to amend without advance notice to the Purchaser) or
as confirmed in writing by the Company. Save as aforesaid,
all conditions, guarantees, warranties whether expressed or
implied by statute, common law or otherwise are hereby excluded
except to the extent that such exclusion is prevented by operation
used in processing of the goods is the absolute responsibility
of the Purchaser and the Purchaser shall be deemed to have
carried out it's own tests to ensure the suitability of the
goods for the intended purpose and application.
Company's liability for any loss or damage including any consequential
loss resulting from defective goods or any acts or defaults
on the part of the Supplier, it's servants or agents (excluding
for death or personal injury which the Supplier acknowledges
cannot be excluded by process of law) be limited to the price
of the goods sold. The Supplier accepts no liability for any
consequential losses of the Purchaser.
The supply of the goods by the Supplier shall not confer or
imply any right upon the Purchaser to use any of the Supplier's
trademarks which shall at all times remain the property of
In the event of the Supplier being rendered unable wholly
or in part by force majeure to carry out its obligations under
the contract, it is agreed that upon the Supplier giving notice
and full particulars of such force majeure in writing to the
Purchaser as soon as possible after the occurrence of the
course relied upon, the obligations of the Supplier so far
as they are affected by such force majeure shall be suspended
during continuance of any inabilities so caused, but for no
longer period that such force majeure shall so far as possible
be remedied with all feasible dispatch. The term "force majeure"
as implied herein to mean Acts of God, strikes, lock-outs,
or other industrial disturbances, act of the public, enemy
or blockades, insurrections, riots, epidemics, landslides,
lightning, earthquakes, fires, storms, floods, wash-outs,
arrests and restraint or rules and people's civil disturbance,
explosions, breakage or accidents to machinery, lines or by
processing plants or welds, government regulations of either
the Suppliers or the Purchasers any other government capable
of affecting the performance of the contract or the supply
of the goods or any United Nations resolution determined of
or other inability to obtain raw materials or equipment or
other resources, temporary failure of fuel supply and in any
other cause whether the kind herein enumerated or otherwise
not within the reasonable control of the Supplier all of which
by the exercise of due diligence by the Supplier is unable
to foresee or overcome.
Purchaser does not take delivery of or arrange for storage
of the goods, the Supplier will be entitled to arrange storage
either at the Supplier's premises or elsewhere as agent on
the Purchaser's behalf and all charges for storage, insurance,
damage and otherwise shall be payable by the Purchaser.
has drawn up these Terms and Conditions of Sale in the light
of the Unfair Contract Terms Act 1977 as amended and considers
it fair and reasonable and it's prices are based on contracts
made on these conditions. In the event of the failure of the
Purchaser to notify the Supplier of any terms that the Purchaser
considers to be unreasonable, the Purchaser will be deemed
to have accepted that the terms and conditions are fair and
The terms and conditions between the Supplier and Purchaser
shall be construed according to and subject to English Law
and the Purchaser agrees to submit to the jurisdiction of
the English Law and the contract shall be deemed to have been
made at the Supplier's offices in Tonge Bridge, Bolton, Greater
Manchester, notwithstanding any other inference to the contrary.
of goods to "arrive" shall be subject to shipment and safe
arrival and availability to the Supplier. Any variation in
insurance premium, tax, levy, duty or impost on the goods
shall be for the Purchaser's account. If the Supplier is to
deliver the goods to the Purchaser, the Purchaser shall provide
instructions for such delivery at least 72 hours prior to
the goods being made available to the Supplier in order to
carry out such delivery. In the absence of such instruction,
the Supplier may take such steps as it may in it's absolute
discretion consider to be necessary to clear the goods and
may recover from the Purchaser all expenses thereby incurred.