1
1
STANDARD TERMS AND CONDITIONS OF SALE
1
INTERPRETATION
1.1
In these Conditions the following words have the following meanings:
Word
Meaning
“Buyer”
the person(s), firm or company from whom an order to supply Goods is received by the Company;
“Buyer Materials”
any documents or other materials and any data or other information provided by the Buyer relating to the
Goods;
“Company”
Baileigh Industrial Limited, a company incorporated in England and Wales (Company Number
05672861) whose registered office is at Unit D Swift Point, Swift Valley Industrial Estate, Rugby,
West Midland, CV21 2QH
“Company Materials”
any documents or other materials, and any data or other information provided by the Company relating
to the Goods;
“Conditions”
the standard terms and conditions of sale as set out in this document;
“Contract”
any contract between the Company and the Buyer for the sale and purchase of the Goods;
“Delivery Point”
the place where delivery of the Goods is to take place under Condition 4.1;
“Goods”
any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or
parts of them).
1.2
In these Conditions references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a
reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or
replaced.
1.3
In these Conditions references to the masculine include the feminine and the neuter and to the singular include the plural and vice
versa as the context admits or requires.
1.4
In these Conditions headings will not affect the construction of these Conditions.
2
APPLICATION OF TERMS
2.1
Subject to any variation under Condition 2.3 the Contract will be on these Conditions to the exclusion of all other terms and
conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order,
specification or other document).
2.2
No terms or conditions endorsed upon, delivered with or contained in the Buyer’s purchase order, confirmation of order,
specification or other document will form part of the Contract simply as a result of such document being referred to in the Contract.
2.3
These Conditions apply to all the Company’s sales of Goods and any variation to these Conditions and any representations about
the Goods shall have no effect unless expressly agreed in writing and signed the designated agent/employee of the Company.
2.4
The Buyer must ensure that the terms of its order and any applicable specification are complete and accurate.
2.5
Any quotation given by the Company is an offer which is valid for a period of 30 days only, provided that the Company has not
previously withdrawn it. The offer is accepted by the Buyer and a contract is formed when the Company receives a purchase order
for the Goods, provided that such purchase order does not purport to contract on terms other than these Conditions.
2.6
If the Buyer requires an order confirmation providing the date of shipment this should be clearly stated in the Buyer’s purchase
order.
3
DESCRIPTION
3.1
The description of the Goods shall be as set out in the Company’s quotation.
3.2
All drawings, descriptive matter, specifications and advertising issued by the Company on any packaging of the Goods or
elsewhere and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the
sole purpose of giving an approximate idea of the Goods described in them. They will not form part of this Contract and no
warranty is given that the Goods will comply with or perform in accordance with any such description.
4
DELIVERY
4.1
Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be
made of the essence by notice. If no dates are so specified, delivery will be within a reasonable time.
4.2
Subject to the other provisions of these Conditions the Company will not be liable for any loss (including loss of profit), costs,
damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the
Company’s negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 180
days.
4.3
If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, or the Company is unable
to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses or authorizations:
4.3.1
risk
in the Goods will pass to the Buyer (including for loss or damage caused by the Company’s negligence);
4.3.2
the Goods will be deemed to have been delivered; and
4.3.3
the Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses
(including without limitation storage and insurance).
4.4
The Buyer will provide at its expense at the Delivery Point adequate and appropriate equipment and manual labour for loading the
Goods.
