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Mid Cornwalls Independant Builders Merchant

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Supply of Goods Terms


  1. Conditions Applicable
    1. These Conditions shall apply to all contracts for the sale of goods by the Supplier (the “Goods“) to a Customer (the “Buyer“) to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
    2. Each order for Goods by the Buyer from the Supplier shall be deemed to be an offer by the Buyer to purchase Goods subject to these conditions and each such offer shall only be deemed accepted upon delivery of the Goods by the Supplier.
    3. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
  2. Price and Payment
    1. Payment of the price, VAT and any delivery as agreed, shall be duenet 30days.Time for payment shall be of the essence.
    2. The Supplier shall have the right to charge interest on overdue invoices which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above Barclays Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
  3. Delivery of the Goods
    1. If the delivery point is the Supplier’s place of business then risk shall pass prior to moving or loading the Goods. The Buyer acknowledges that any assistance given by the Supplier in moving or loading the Goods is given by the Supplier in the capacity of the Buyer’s agent and the Buyer shall be solely liable for any damage to Goods during moving or loading.
    2. If the delivery point is other than the Supplier’s place of business then the following shall apply:
      1. the delivery date is an estimate and is not of the essence;
      2. if the Buyer will not accept delivery of the Goods or the Supplier is unable to deliver due to fault on the Buyer’s part then the Buyer shall collect the Goods from the Supplier’s premises or such other location as the Supplier may direct and the Supplier shall charge the Buyer for all related costs (including without limitation transportation storage and insurance) until such time as the Buyer collects the Goods; and
      3. risk shall pass when the Goods reach the delivery point but prior to unloading. The Buyer shall provide adequate and appropriate equipment and manual labour for unloading the Goods. The Buyer shall be responsible for unloading the Goods and shall be solely liable for any damage to the Goods during the unloading of the Goods. The Buyer acknowledges that any assistance given by the Supplier in unloading the Goods is given by the Supplier in the capacity of the Buyer’s agent and the Buyer shall be solely liable for any damage to Goods during the unloading.
  4. Acceptance of the Goods
    1. The Buyer shall be deemed to have accepted the Goodsimmediately upon delivery to the Buyer.
    2. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract.
  5. Title
    1. Ownership of the Goods shall not pass to the Buyer until the Supplier has received in full (in cash or cleared funds) all sums owed for the Goods and any other additional sums due to it.
    2. Until ownership of the Goods has passed to the Buyer, the Buyer must:
      1. hold the Goods on a fiduciary basis as the Supplier’s bailee;
      2. store the Goods (at no cost to the Supplier) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Supplier’s property;
      3. not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods;
      4. maintain the Goods in satisfactory condition and keep them insured on the Supplier’s behalf for their full price against all risks to the reasonable satisfaction of the Supplier. On request the Buyer shall produce the policy of insurance to the Supplier; and
      5. hold the proceeds of the insurance referred to in clause 5.3.4 on trust for the Supplier and not mix them with any other money, nor pay the proceeds into an overdrawn bank account.
    3. The Buyer may resell the Goods before ownership has passed to it solely on the following conditions;
      1. any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and
      2. any such sale shall be a sale of the Supplier’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale.
    4. The Buyer’s right to possession of the Goods shall terminate immediately if he, not being a company, commits an available act of bankruptcy or if he, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up or if the Buyer encumbers or in any way charges any of the Goods.
    5. The Buyer grants the Supplier, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
  6. The Goods

Thequantity and description of the Goods shall be as set out in anyorder. Any drawings, catalogues, descriptions are issued for thesole purpose of giving an approximate idea of the Goods but do notform part of this Contract.

  1. Warranties

Exceptwhere the Buyer is dealing as a consumer all other warranties,conditions or terms relating to description, fitness for purpose,quality or condition of the Goods, whether express or implied bystatute or common law or otherwise are excluded to the fullest extentpermitted by law.

  1. Limitation of Liability
    1. Nothing in these conditions excludes or limits the liability of the Supplier for death or personal liability of the Supplier for death or personal injury caused by the Supplier’s negligence or fraudulent misrepresentation.
    2. Subject to 8.1;
      1. the Supplier’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with this Contract shall be limited to the price; and
      2. the Supplier shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation howsoever caused which arise out of or in connection with this Contract.
  2. Remedies of Buyer
    1. Where the Buyer rejects any Goods then the Supplier shall replace such Goods and the Buyer shall have no further rights whatsoever in respect of the supply to the Buyer of such Goods or the failure by the Supplier to supply such Goods.
    2. Where the Buyer accepts or has been deemed to have accepted any Goods then the Supplier shall have no liability whatsoever to the Buyer in respect of those Goods.
    3. The Supplier shall not be liable to the Buyer for late delivery or over or under delivery of the Goods and any over or under delivery of the Goods shall be paid for on a pro rata basis.
  3. Notice

Anynotice required to be given under this Contract shall be in writingand shall be served on the relevant party at the respective addresseson the application for credit form by hand delivery or registeredpost. Any notice served by hand shall be deemed to have beenreceived at the time of delivery and any notice served by registeredpost shall be deemed to have been delivered forty eight hours afterthe date of posting.

  1. Proper Law of Contract

Thiscontract is subject to the law of England and Wales and the partieshereto submit to the exclusive jurisdiction of the Courts of Englandand Wales.

TimMartyn Building Supplies Ltd, Wheal Rose, Scorrier, Redruth, Cornwall TR16 5DA

Tel no: 01209 821776 Fax no: 01209 822062 E-mail: