Buyer: The person who buys or agrees to buy goods from the seller.
Conditions: The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
Goods: The articles which the buyer agrees to buy from the seller.
Price: The price of the Goods, including VAT and carriage.
Seller: GVK Chimney Sweeps.
These conditions shall form the basis of the contract between the Seller and the Buyer in relations to the sale of Goods, to the exclusion of all other terms and conditions, including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
Acceptance of delivery of Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
These Conditions may not be varied except by the written agreement of the Seller.
These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
The Price shall be the price quoted on the Seller’s confirmation of order. The price is given, including VAT 5% for domestic users. Business customers may apply the reduced rate for some deliveries, provided they satisfy the requirements in the legislation. Where business customers do not satisfy these requirements, they are obliged to pay the standard rate of VAT.
4. Payment & Interest
Payment of the Price shall be due on purchase of the goods, unless agreed in writing by the seller.
The Buyer shall pay all accounts in full and not exercise any rights of set-off or counter-claim against invoices submitted by the seller.
The quantity and description of the goods shall be as set out in the confirmation of the order.
6. Delivery of Goods
Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
The Seller undertakes to use its reasonable endeavours to dispatch the Goods on an agreed delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
The Seller shall not be liable to the Buyer for any loss or damage, whether arising directly or indirectly from the late delivery, or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods, but to accept the Goods delivered as part performance of the contract.
If the Buyer fails to take delivery of the Goods on the agreed delivery date, or if no specific date has been agreed when the Goods are ready for dispatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer reasonable costs of so doing.
7. Acceptance of Goods
The Buyer shall be deemed to have accepted the Goods 48 hours after delivery to the Buyer.
The Buyer shall carry out a thorough inspection of the Goods within 48 hours of delivery and shall give written notification to the Seller within 4 working days of delivery of the Goods of any defects, which a reasonable examination would have revealed.
Where the Buyer has accepted, or has been deemed to have accepted the Goods, the Buyer shall not be entitled to reject Goods, which are not in accordance with the contract.
8. Title and Risk
Risk shall pass on delivery of the Goods to the Buyer’s address.
Notwithstanding the earlier passing of risk, title in the Goods shall remain with the Seller and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.
Until title passes, the Buyer shall hold the Goods as bailee for the Seller and shall store or mark them so that they can be, at all times, identified as the property of the Seller. The Seller may at any time before title passes and without any liability to the Buyer.