These conditions shall come into force on our acceptance of your order and shall apply to all orders received whether in writing or otherwise. In case of any conflict between these Conditions and your conditions of purchase or the terms of your enquiry or order or any correspondence relating thereto these Conditions shall prevail except to the extent that these Conditions are excluded by specific reference by us in writing. Written confirmation of telephone orders should be clearly marked as such otherwise you will be responsible should orders be duplicated. We reserve the right at any time to refuse orders. No variation of your order will be recognised unless agreed by us in writing. We reserve the right to cancel your order if you commit an act of bankruptcy or commence winding-up by reasons of insolvency or make an arrangement for the benefit of creditors. Any data provided to 3 Line Electrical Wholesale Limited will be treated as confidential in accordance with the Data Protection Act 1998. We shall ensure full compliance with the provisions of the Act and only utilise data to fulfil our own obligations under this contract.
Customers wishing to open a credit account are requested to provide two trade references and one banker’s reference. Until we have approved a credit account and confirmed it in writing, all goods must be paid for before delivery.
All accounts are operated on a strictly net monthly basis, payments being due by the last day of the month following invoice date, unless otherwise agreed with a director of the business. We reserve the right to charge interest on overdue accounts at the rate of 3% above the prevailing Base Rate of Lloyds Bank and we shall be entitled to suspend deliveries of any of your orders if payment to us from you becomes overdue. Any preferential discounts will be recharged to you if payment is not made in accordance with these Conditions of Sale. Any payment received without a remittance advice will be allocated against the oldest debts first.
All quotations are given at current prices but are subject to alteration without notice in accordance with prices ruling at the time of delivery. We shall be entitled to recover from you by way of addition to prices such amounts which you may become liable to pay in respect of Value Added Tax in relation to any goods or services supplied by us. Catalogues, price lists and other advertising matter are intended to present only an indication of the type of goods offered and no price or other particulars contained therein shall be binding on us unless expressly included by reference thereto.
We normally make no charge for delivery from our own warehouse within our van delivery area but reserve the right to charge carriage on deliveries outside our usual delivery area. Where pursuant to your orders we specially order goods from manufacturers you shall pay us any carriage charges made.
We give no guarantee on goods supplied by us. However, notwithstanding the foregoing, we hereby give you a guarantee equivalent to such unexpired portion of the guarantee or warranty (if any) received by us from supplier of such goods. You shall properly use, care for and maintain the goods. This Company will make available upon request information on the design, construction and installation of products to ensure that as far as reasonably practicable they are safe and without risk to health when properly used. It is the responsibility of Purchasers to take such steps as are necessary to ensure that appropriate information relevant to the products is made available to the user. Our liability under these Conditions shall be in lieu of any warranty or condition implied by law as to the quality fitness for any particular purpose or merchantable quality of the goods. No statement made or agreed and no liability undertaken orally shall be binding upon us unless confirmed by us in writing. Save as provided in these Conditions we shall not be under liability whether in contract or arising out of statute or in tort or otherwise for any loss, damage, injury or death arising directly or indirectly from goods supplied by us.
Delivery dates are promises given in good faith by us to indicate estimated delivery times but shall not amount to a contractual obligation to deliver at the time stated. No liability for direct or consequential loss or damage arising from delay and delivery will be accepted by us. Delivery dates shall be reasonably extended if delays are caused by industrial disputes or by any cause beyond reasonable control.
Title to any goods supplied by us shall not pass to you until we have received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by us to you for which payment is then due. Should the goods become the constituents of other products we shall have legal ownership of such other products as if they were simply and solely the goods being supplied by us. We shall also have the right to enter your premises to recover any goods supplied by us or other products of which the goods have become part in the event or your failure to pay for the goods so supplied.
Goods may not be returned without our agreement. Goods returned must be consigned carriage paid and accompanied by a packing note stating our delivery note number. In some instances a re-stocking or handling charge may be made to you.
Any charge for boxes, cases and drums will be credited (unless the invoice is marked ‘non-returnable’) if returned to us in good condition carriage paid. All goods are carefully packed and consigned in good condition. They are signed for as such by the carriers who are then responsible. In the event of any goods being damaged in transit, it is essential that customers sign for them as ‘DAMAGED’ or ‘UNEXAMINED’. It is also essential that customers notify both us and the carriers of all claims for damage or loss within three days from receipt of goods or any suspicion or indication that the goods may have been lost in transit. Failure to do so within such three days will result in the claim not being recognised.
Unless otherwise agreed in writing by one of our directors the construction validity and performance of any contract arising hereunder shall in all respects be construed and operate in accordance with English Law and shall be subjected to the jurisdiction of the English Courts.