1. The term “the Company” referred to in the following conditions means Stormor Systems (South) Ltd. and “the Purchaser” means the person, firm or Company contracting with Stormor Systems (South) Ltd.
2. Prices are those ruling at the date of dispatch of goods or materials.
3. Any date given by the Company for completion of the contract is given and intended as an estimate only and is not to be of the essence of the contract. The Purchaser shall, nevertheless, be bound to accept the goods ordered when available. The Company shall not be liable, in any way, in respect of the late dispatch, delivery or completion of work however caused nor shall such lateness be deemed to be a breach of the contract.
4. Except where agreed in writing, the prices quoted are based upon the present cost of materials, transport and labour and the acceptance of any order against quotation shall be conditional upon:
a. The contract price being increased or reduced consequent upon the nett increase or saving in cost affected by any alteration occurring during the period between the state of the tender and the state of the completion of the contract in :-
b. A suitable adjustment in the contract price being made, should the customer require the work to be carried out other than during normal working hour
i. Wages and working conditions arising out of any award or agreement sanctioned by any appropriate authority whether the cost of such wages and working conditions is charged in our cost accounts as direct cost or as on-cost, and in the amount of the premium payable in respect of the necessary insurance involved arising out of any alterations in wages as aforesaid;
ii. The cost of materials and…
iii. Cost of transport
5. All descriptive and forwarding specifications, drawings and particulars of weights and dimensions submitted with our tender are approximate only.
6. Any variation to the specification involving additional materials and/or labour will be chargeable extras.
7. All amounts charged by the Company are strictly nett and accepted as provided by clauses six and seven hereof are due for payment during the month following the date of the Company’s invoice, unless stated otherwise. Interest at 5% shall be paid on all overdue accounts.
8. For contracts or orders exceeding £1,000 in value, the Company reserves the right to call for payment by instalments comprising interim progress payments and a final payment. Interim payments shall be paid within 21 days of the date of such application, and the final payment shall be paid during the month following the date of the Company’s invoice.
9. When it is agreed that the interim and final payment are to be conditional on the issue of the Architect’s Certificate, payment shall be made within 21 days of the Certificate.
10. In the case of contracts involving erection, it is understood that goods and materials will be unloaded, stacked and stored at the Purchaser’s risk.
11. Breakage’s in transit, or shortages, are to be notified to us and the carriers within three days, non-receipt of goods must be notified to us and the carriers within fourteen days of the date of our Advice of Despatch. Claims will be void if notifications are not made within these periods.
12. Unless otherwise stated in the tender, it is assumed that :-
a. The site is accessible, clear before the arrival of our Erectors, level and dry.
b. The electricity supply is available for light and power tools.
c. Sufficient working space to be allocated to ensure maximum output, sufficient storage space is provided free of charge for our immediate use on/or adjacent to the site for plant and all materials, and all materials are onsite before the arrival of our Erectors.
d. Our men are given every facility to complete their work without undue hindrance.
The Company reserves the right to charge extra should these conditions not be adhered to.
13. Where other contractors are also involved, it is assumed that their programmes will be such as to permit our work to be carried out with continuity and with one visit to the site, Should we be subject to delays or required to make a return visit to the site, this will involve additional costs.
14. The Company shall not be liable for the cost of rectifying work or putting right discrepancies unless authorised by us in writing.
15. The Company shall not be liable for any consequential damage to property or person.
16. The acceptance of any tender includes the acceptance of the foregoing terms and conditions. The Company shall not be bound by any conditions contained in a Purchaser’s order form if they are inconsistent with the foregoing terms and conditions, and if there is any conflict between the Purchaser’s terms of business and these terms of business shall prevail.
17. The Company reserves the right to change and improve the design of some or all of the component parts included in this quotation and thereafter supplied accordingly and undertakes that any changes will not adversely affect performance for the purpose for which it is designed.
18. We cannot accept liability for injuries, expenses or damages caused by incorrect, faulty or improper assembly and installation by the buyer. Advice on assembly and installation is available upon request from our technical division at Stormor Systems (South) Ltd.
19. The Company accepts no responsibility for obtaining any planning/building permission deemed necessary by any Local Authority for equipment provided by the Company to the Purchaser.
20. The goods remain the property of the Company until payment has been received in full.