1.1 – All quotations given and made by L. Robinson & Co (Gillingham) Limited [the Company] are subject to and governed by these terms and conditions.
1.2 – Any variation, supplementary or contradictory terms, will not become a part of any contract or agreement unless expressly confirmed in writing by a Director of the Company.
2.1 – No quotation given by the Company shall be deemed to constitute an offer by the Company and no binding contract for the sale of goods by the Company shall be deemed to have come into existence unless
an offer to purchase goods from the Company is made by a prospective purchaser and subsequently accepted by the Company.
2.2 – The Company accepts no liability for risks arising from unusual stress or conditions to which any goods covered by these terms are subjected.
3.1 – Prices quoted are ex-works unless expressly stated otherwise.
3.2 – In the event that prices quoted are CIF, only FPA marine insurance is included. Any special insurance coverage will be provided only at the Customer’s request and expense.
3.3 – Prices quoted do not include VAT.
3.4 – We reserve the right to amend prices as necessary.
3.5 – The Customer is responsible for the provision of an Import License where necessary.
3.6 – Prices quoted do not include any duty or taxes on importation into the Customer’s country.
4.1 – Unless otherwise agreed in writing the price for the goods shall be the Company’s price ruling at the date of despatch.
4.2 – Payment must be received cleared funds on or before the settlement date indicated on the invoice.
4.3 – Payment should be made by bank transfer and the Company reserves the right to charge for the handling of other forms of payment.
4.4 – In the event of the Customer failing to pay the full amount due under any invoice within the allowed time, the Company shall be entitled at any time to withhold delivery of any other goods to be delivered under the same or any other contract, order, or agreement between the Company and the Customer.
4.5 – In the event that the Customer is in default of payment the Company is entitled to charge interest at 8% above the base rate.
5.1 – Although all delivery dates are quoted in good faith, no liability shall attach to the Company for delays in delivery or for non-delivery caused through or by circumstances beyond the Company’s control.
5.2 – No claims by the Customer for loss due to non-delivery, discrepancy, delay in delivery or for loss of goods or damage to the same will be considered or payable by the Company unless both the carrier and the Company are advised of all damage within three days of receipt of the goods by the Customer or, in the case of non-delivery
within ten days after an invoice is sent to the customer.
5.3 – The Company does not guarantee to deliver the exact quantities of goods ordered by the customer and deliveries are subject to a variation of plus or minus not more than 10% of the amount ordered by the customer.
5.4 – The performance of all contracts is subject to variation or cancellation by the Company owing to any act of God, war, strike, lockouts, fire, flood, drought, tempest, or any other cause beyond the control of the Company or owing to any inability by the Company to procure materials or articles required for the performance of the contract and the Company shall not be held responsible for any inability to deliver caused by any such contingency.
5.5 – Where goods are ordered for delivery by instalments each instalment shall be deemed to be a separate contract and the goods remain the property of the Company until payment in full of that instalment has been received cleared funds.
5.6 – Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery, or, if the Customer wrongfully fails to take delivery of the goods, the time when the Company has tendered delivery of the goods. If the goods are to be delivered ex-works at the Company’s premises risk shall pass to the Customer at the time that
the Company notifies the Customer that the goods are available for collection.
6. Retention of Title
6.1 – Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the Customer until the Company has received payment in full of the price of the goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.
6.2 – The Company shall have absolute authority to retake, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in the Company.
6.3 – Until such time as the property in the goods passes to the Customer, the Customer shall hold the goods as the Company’s fiduciary agent and shall keep the goods properly stored, protected and insured.
6.4 – Until the property in the goods passes to the Customer, the Customer shall be entitled to resell or use the goods in the ordinary course of its business, but shall account to the Company for the proceeds of the sale or otherwise the goods including insurance proceeds, and shall keep all such proceeds separate from any monies or properties of the Customer and third parties.
6.5 – If the goods are processed, mixed with other goods or reshaped by the Customer before property in those goods has passed to the Customer then the Company shall become co-owner of those goods.
7.1 – The Company accepts no warranty of any kind unless expressly confirmed in writing to the customer.
7.2 – No warranty can be granted in cases of improper use or inappropriate use, faulty installation or operation by the buyer or third parties, natural wear, faulty or neglectful treatment, incorrect maintenance, unsuitable operating materials, defective construction work, unsuitable foundations, chemical, electrochemical or electrical influences.
8.1 – The Customer shall in no circumstances use or cause or allow to be used the goods supplied by the Company in connection with the application to any goods of a false trade description or misdescription of these goods.
8.2 – The Customer shall not use or cause or allow to be used the goods in any way that leads to a breach of commercial trademark rights or copyrights.
8.3 – The customer shall make all reasonable endeavours to protect the trademark rights and copyrights of the Company.
8.4 – The Company reserves the right to terminate the contract if bankruptcy proceedings are commenced against the Customer or if being a company the Customer ceases to trade or liquidation proceedings are commenced in respect of the Customer.
9. Choice of Law
9.1 – This agreement shall be governed by and construed in accordance with English law and the jurisdiction for disputes shall be the courts of England and Wales.