Greenmybusiness Ltd - Terms and Conditions of business
1. Interpretation
1.1 In these conditions:
‘Company’ means Greenmybusiness Ltd limited
‘Conditions’ means the standard terms and conditions of the business set out in this document and (unless the context otherwise requires) includes any special terms and conditions between the customer & the company.
‘Contract’ means the contract for the supply of goods.
‘Customer’ means the person who accepts a quotation from the company for goods or orders goods without quotation.
‘Goods’ means nay goods being supplied by company to the customer.
‘Writing’ includes telex, cable, facsimile, e-mail and comparable means of communication.
2. Supply of goods
2.1 The company shall undertake to supply goods subject to these conditions. Any change or additions to these conditions must be agreed in writing by the company and the customer.
2.2 These conditions shall govern the contract to the exclusion of any other terms and conditions, subject to which any company quotation is accepted or purported to be accepted by the customer or any such customer or is made or purported to be made by the customer.
3. Quotation
3.1 Any company quotation remains open for 7 days unless previously withdrawn; thereafter any company quotation is subject to confirmation or adjustment by the company.
3.2 Any company quotation (unless otherwise expressly stated) is subject to the following:
3.2.1 All increases of goods cost arising after the date of quotation may be recovered from or allowed to the customer unless the quotation expressly excludes this condition.
3.2.2 The quotation is for goods is for delivery being affected during normal working hours, Monday to Friday. Extra costs due to overtime working at the customer’s instructions will be added to the quoted price.
3.2.3 Variations to any order or quotation will be subject to the price ruling at time of despatch.
3.2.4 Unless specifically agreed in writhing by the Company ‘use or Return’ is not offer on any commodity.
3.2.5 Whereby it is agreed by the company to accept return of goods then the goods must be returned in the original shipping outer and be in reasonable use by date and in saleable condition.
3.2.6 Whereby it is agreed by the company to accept the return of goods a handling charge of 15% will be made.
3.2.7 The customer will provide the company reasonable hours of access for the delivery of the goods on an economical route for the company to deliver. Off journey deliveries will be charge extra.
3.2.8 Whereby deliveries are to be made outside the normal geographical area for the company, then the goods will be despatched via a carrier and a carriage charged accordingly.
3.3 The customer shall be responsible for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the customer and for giving the company any necessary information relating to the goods ordered within sufficient time to enable the company to perform the contact in accordance with these conditions.
3.4 The company reserves the right to make any changes to the specification of the goods which are required to conform with any applicable statutory or E.U requirements, or which do not materially affect the quality, of the goods,
4. Cancellation or postponement
4.1 No contract may be cancelled by the customer, expect with the agreement in writing of the Company on terms that the customer shall indemnify the company in full against all such loss (including loss of profits), costs (including the cost of storage, all labour and materials used), damages, charges and expenses incurred by the company as a result of such cancellation
4.2 Postponement of delivery by the customer requires at least 48 hours notice failing which storage charges will be incurred by the customer.
5. Charges
5.1 subject to any special terms agreed, the customer shall pay the company invoices, and any sums which are agreed between the company and the customer for the supply of goods, or which are payable in accordance with these conditions or, in the company’s sole discretion, are required as a result of a customers instructions or lack of instructions, or the inaccuracy of any information supplied by the customer or any other cause attribute to the customer.
5.2 All charges quoted to the customer for the supply of goods are exclusive of any added tax, unless otherwise specifically stated.
6. Terms of Payment
6.1 The company may require a deposit at the time of firm order and full payment upon delivery of the goods. Subsequent orders will be accepted on cash on delivery terms for small order values.
6.1.1 Where by the company has agreed to extend credit account facilities, then payment must be received by the company on the agreed day following that of invoice. Potential customers requiring credit account facilities must provide two local credit references and a bank of reference. The company reserves the right to decline a credit account facility.
6.1.2 Interest will be charged on overdue accounts that is the time past the agreed day for payment following that of the invoice, at the rate 12% PA pursuant to the Late Payment of Interest Act on Over Due Accounts.
6.2 This condition applies if:-
6.2.1 the customer makes a voluntary arrangement with creditors or being a person or firm becomes bankrupt or ( being a company) becomes a subject to an administration order or goes into liquidation (otherwise than for the purpose of reconstruction or amalgamation) or:-
6.2.2 A receiver is appointed or:
6.2.3 The customer ceases or threats to cease to carry on business or:
6.2.4 The company is unable to satisfy itself as to the customer’s credit worthiness
If this condition applies then without prejudice to any other right or remedy available to the company, it shall be entitled to cancel the contract or suspend further deliveries without liability to the customer and the charges for the goods delivered to date shall become immediately due and payable, not withstanding any previous agreement or arrangement to the contrary.
6.3 should the customer fail to pay at any time an invoice or interim invoice when it falls due and it is necessary to take legal action or that a debt collector be instructed then the customer will be held liable for all legal, court and debt collectors charges, interest pursuant to the late payment of interest act on over due accounts and interest pursuant to section 69 of the county courts acts 1984.
7. Completion
The company shall endeavour to deliver with in the period stipulated or, if no period is stipulated, within a reasonable time but shall not be held responsible for any loss or damage arising out of delay, due to any cause beyond the company’s reasonable control.
8. Risk in property
8.1 Risk or damage to or loss of any goods are delivered to the customer’s premises, provided that not withstanding 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 in cash or cleared funds payment in full of the price of the goods.
8.2 Until such time as the property in the goods passes to the customer, the company shall be entitled at any time to repossess the goods by virtue of retention of the title on the goods proven by the individual reference number on the goods combined with the same reference number being on the unpaid invoice relating exclusively to goods supplied by the company to that individual and no other customer. The company is entitled to enter the customer’s premises to reclaim all goods unless paid for in full.
8.3 Where by the company the company provides certain equipment on free loan, that equipment remains the property of the company and the equipment is returnable on demand from the customer, or in the event that the customer enters into an informal or formal insolvency procedure a nominee, liquidator, receiver, or supervisor appointed must ensure the return of the equipment. All the equipment is identifiable by the company’s labelled affixed to the equipment.
9. Health and safety
9.1 All products supplied must be used in compliance with the manufacturers instructions for usage and the appropriate protective clothing must be worn at all times. All products supplied are covered by a manufacturer’s product liability indemnity.
10. General
10.1 Any claims for damages or shortages must be made in writing within 3 days.
10.2 The contract shall be governed by the laws of England and the customer agrees to submit to the non-exclusive jurisdiction of the English courts.
10.3 A person who is not party to the contract has no right under the contracts (rights of third parties) act 1999 to enforce any term of this agreement but this does not affect any right or remedy of the third party which exists or is available apart from that act.