Terms and Conditions of Sale
GRAX Ltd (Hereafter called "the company")
The term “Customer” refers to any company, firm or individual placing an order verbal or written with the company. These terms will be in accordance with English Law and the statutory rights of a person “dealing as a customer” under the terms of the Unfair Contract Act 1977 will not be affected.
These terms are the only ones that will apply to any order accepted from a customer and the company will not be bound to accept standard terms and conditions printed on the customers purchase order, unless agreed in writing.
All prices quoted are exclusive of Value Added Tax. Whilst the company will endeavour to maintain prices for the period of the contract, in the event of any increase in costs to the company of materials, goods, labour, overheads or errors in quotations, then the company reserves the right to adjust prices accordingly without prior notice. The company may at its discretion levy a minimum order charge on small orders.
Payment terms are Cash With Order or Net Monthly Account after satisfactory application with suitable trade references has been made. Payment will be due by the end of the month following that in which delivery was made and the goods / service invoiced. Interest at 2.5% per month may be charged on any outstanding balance, to accrue on a day to day basis. Any legal costs incurred in the collection of outstanding moneys will be paid in full by the customer. Should a cheque be represented, referred to drawer or refused payment then a charge of £8.00 will be incurred.
The company will endeavour to deliver goods by the specified date but will not accept any form of penalty or accept any liability for loss in any manner due to late or non delivery of goods within such time.
6. Packing and Carriage
Unless otherwise agreed, packing materials and carriage expenses will be charged at the rates prevailing at the time of despatch. Non delivery of goods must be notified to the company within seven days of the invoice date. Goods damaged in transit must be notified to the company in writing within three days of the invoice date and packaging etc. retained for examination by the carriers.
Title in the goods supplied will remain with the company until such time that sums in payment for the goods is made in full. In the event of the customer defaulting, making an arrangement with creditors, petitioning for bankruptcy or appointing administrators or receivers then the goods must be kept available for the company to collect and the company may be entitled to enter any premises where the goods may be located to recover them. It will be the responsibility of the customer to ensure that all goods not yet fully paid for are kept such that they are identified as the company’s property. Until such time as payment is made in full the relationship of bailor and bailee shall exist between the company and the customer.
The risk in the goods shall pass to the customer on delivery and the company will accept no liability in the goods thereafter. The customer will be responsible for the insurance of the goods to their full value as invoiced.
All goods are guaranteed as free from defects in material or faulty workmanship for a period of twelve months from the date of purchase. The company will at its discretion repair or replace the goods free of charge or refund or credit the invoiced cost of the goods. The company will not accept liability for any form of consequential loss, damage, injury or expense incurred due to the failure of any product supplied to perform as specified. The company will not be liable for any failure caused by wear, neglect, handling, miss-use, inappropriate storage, testing, accidental damage or lightning induced transient voltages.
Any goods returned under terms of the guarantee or for repair must be suitably packed and with the nature of the fault and the full name and address of the customer clearly indicated. Goods returned in as new condition for credit due to incorrect ordering or specification will be subject to a handling charge at the company’s discretion of 15% of the invoiced value.
Any order accepted by the company may not be cancelled except with the written consent of the company. The customer will accept liability to reimburse the company for any loss or expense incurred due to such cancellation and at the company’s discretion be subject to a charge of 15% of the order value.
12. Specification of Products
The company is continually adding new and improved products. It reserves the right to alter the specification and price without any prior notice. All descriptions and specifications in literature, brochures, catalogues and price lists are approximate and intended for illustration only. Any advice given by the company is for general guidance and the company will not accept any liability for loss, damage, injury, or expense arising from such advise.
13. Suitability of Products
The company does not claim that products are suitable for a particular use and the responsibility rests with the customer to sample and test the products as to their suitability for an application. The company will not be liable for any loss, damage, injury or expense, consequential or otherwise, incurred arising from the use of a product or the failure of a product in an unsuitable application.
14. Force Majeure
The company shall not be liable for any failure to fulfil the terms of any contract in the event of war, invasion, act of an enemy, riot, civil commotion, fire, flood, explosion, strike, lockout, criminal damage, act of God or failure of the company’s suppliers to make delivery or any other circumstances that are beyond the company’s reasonable control.
15. Legal Jurisdiction
The contract shall be governed by English Law and the customer agrees to submit to the sole jurisdiction of the English Courts in any dispute arising from the contract.