Terms and Conditions of Sale
KERNOW COATINGS LIMITED TERMS AND CONDITIONS OF SALE
The term “the Company” referred to in these terms and conditions means Kernow Coatings Limited (registered number 1092182) and “the Purchaser” means the person, firm, company or organisation contracting with the Company.
These terms and conditions apply to all sales of goods by the Company to the Purchaser and shall apply in place of and prevail over any terms or conditions contained or referred to in the Purchaser’s order or in correspondence or elsewhere or implied by trade custom, practice or course of dealing unless specifically agreed in writing by a director of the Company. Any purported provision to the contrary is hereby excluded or extinguished.
3. Prices and Orders
3.1. Prices are FOB British Port or UK destination or as indicated on the invoice. The effective prices are those confirmed by the Company to thePurchaser on its sales order acknowledgement. Queries on prices must be raised by the Purchaser as soon as possible following receipt of the acknowledgement from the Company.
3.2. Unless otherwise specified, value added tax and any other tax or duties payable by the Purchaser shall be added to the price of goods supplied by the Company.
3.3. All orders for rolls and sheets may be subject to a minimum order value excluding carriage and value added tax of £150 or its currency equivalent.
3.4. Goods returned as a result of an incorrect order by the Purchaser may be credited at the discretion of the Company at 80% of the original invoice value.
3.5. Product data sheets are available from the Company’s website at www.kernowcoatings.com or by telephoning 01326 373147. The Purchaser must ensure that they obtain copies for those materials that they buy.
4. Payment Terms
4.1. Payment of the Company’s invoices shall unless otherwise agreed in writing be due in full from the Purchaser without any deduction or set off within the terms shown on order acknowledgements and invoices. Terms are applied from the date as given on each invoice.
4.2. If the Purchaser is at any time in default in making any payment due to the Company, the Company reserves the right to withhold delivery of any goods to the Purchaser until such payment is received by the Company.
4.3. The Company reserves the right to charge Interest at the rate of 3% above the Bank of England base rate both before as well as after any judgment. Interest shall run from the due date for payment until receipt by the Company of the full amount.
5.1. Despatch dates mentioned in any quotation, acknowledgement of order or elsewhere are approximate only and not of any contractual effect and the Company shall not be under any liability to the Purchaser in respect of any failure to deliver on any particular date or dates.
5.2. Unless otherwise expressly agreed, the Company may effect delivery in one or more instalments and each instalment shall be treated as a separate contract.
6. Quantity Tolerance
In the case of deliveries of product in mill reel form, the Company will deliver within a tolerance of plus or minus10% of the quantity ordered by the Purchaser.
7. Damage or Partial Loss
The Purchaser must examine goods supplied by the Company as soon as possible after delivery and in the event of finding any damage or partial loss to the goods, thePurchaser must notify the Company and the carrier immediately. If the Purchaser has not notified the Company of any damage or partial loss to the goods within7 days of delivery, the Purchaser will be deemed to have accepted the goods.
8. Non Receipt
The Purchaser will be deemed to have received and accepted goods supplied by the Company unless the Purchaser notifies the Company of non receipt of the goods not later than 14 days after the date of the invoice sent by theCompany to the Purchaser.
Risk in goods supplied by the Company passes to the Purchaser upon delivery of the goods. For this purpose delivery is effected when the goods are off loaded at thePurchaser ‘s premises or at the premises of a consignee named by the Purchaser.
10.1. Goods supplied by the Company remain the sole and absolute property of the Company until such time as the Purchaser shall have paid to the Company the price for such goods together with the full price of any other goods the subject of any other contract between the Company and the Purchaser.
10.2. Until such payment, the Purchaser shall be in possession of the goods supplied by the Company solely as bailee for the Company and in a fiduciary capacity and shall store the goods in such a way as to enable them to be identified as the property of the Company.
11. Force Majeure
The Company shall not be liable to the Purchaser for any loss or damage which may be suffered by the Purchaser as a direct or indirect result of the supply of goods by the Company being prevented, hindered, delayed or rendered uneconomic by reason of circumstances or events beyond the Company’s control including but not limited to act of God, war, riot, strike, lock out, trade dispute or labour disturbance, accident, breakdown of plant or machinery, fire, flood, storm, difficulty or increased expense in obtaining workmen, materials or transport or other circumstances affecting the supply of the goods or of raw materials by the Company’s normal source of supply or the manufacture of the goods by the Company’s normal means or the delivery of the goods by the Company’s normal route or means of delivery.
12.1. The Company warrants that goods supplied by it to the Purchaser will conform to the Company’s published specification for such goods or such other specification as may have been agreed in advance between the Company and the Purchaser in relation to such goods.
12.2. The Company makes no recommendation for a specific application or use for any goods and the Purchaser must satisfy itself as to the suitability of the goods or any particular quality of goods for the Purchaser’s application.
12.3. (a) In the event that the Purchaser considers that goods supplied by the Company do not conform to specification or are less than the contracted quantity the following provisions of this sub-clause 12.3 will apply.
(b) The Purchaser must notify the Company within one month of the date of delivery of the goods, specifying the alleged non-compliance with specification or shortage in quantity. The Company will not accept any liability for any alleged defect or shortfall in quantity which is not notified to it within this period.
(c) The Company will consider any claim duly notified to it by the Purchaser and shall notify the Purchaser whether the Company accepts the Purchaser’s claim and, in the case of a claim for failure to meet specification, whether the Company accepts that the claim merits rejection of the goods.
(d) If the Company accepts the Purchaser’s claim, the Company will either make good any shortfall in the quantity of goods supplied or replace the defective goods or in both cases accept payment of such reduced value of the goods as the Company shall agree with the Purchaser.
12.4. Subject to the foregoing provision of this clause, all terms, conditions, warranties and representations, express or implied by statute, common law or otherwise in relation to goods supplied by the Company to the Purchaser are hereby excluded and the Company shall be under no liability to the Purchaser for any loss, damage or injury, direct or indirect, resulting from defective materials, faulty workmanship or otherwise howsoever arising and whether or not caused by the negligence of the Company, its employees or agents save that the Company shall accept liability for death or personal injury caused by the negligence of the Company.
12.5. The Company shall under no circumstances be liable for any consequential loss. The Company’s aggregate liability to the Purchaser whether for negligence, breach of contract, misrepresentation or otherwise shall in no circumstances exceed the invoice value of the goods supplied to which any claim by the Purchaser relates.
Failure by the Company to enforce any rights against the Purchaser shall not be deemed to be a waiver of any such rights nor operate so as to bar the exercise or enforcement of such rights at any time or times thereafter.
Any not ice shall be deemed to have been duly given if put in writing and sent by pre-paid first class post or by email. Notices sent by first class post shall be deemed to have been given 4 days after despatch and notices sent by email shall be deemed to have been given at the end of the day of despatch.
The contract between the Company and the Purchaser incorporating these terms and conditions shall be governed by and construed in accordance with the laws of England and Wales and both the Company and the Purchaser shall submit to the jurisdiction of the English courts. The provisions contained in these terms and conditions are severable and in the event any provision shall be held to be invalid or unenforceable in whole or in part by a court of competent jurisdiction, the remainder of such provision and these terms and conditions shall not be affected thereby and shall be given full force and effect.