Orders are placed by Buxton Building Contractors Ltd., hereinafter referred to as ‘the Company’; upon the supplier or person named overleaf, hereinafter referred to as ‘the Supplier’; subject to the conditions following:
1. Payment for goods and / or materials shall be due at the end of the month following the month in which the Company receives the invoice providing that delivery shall have been completed.
2a. The price charged shall be as stated overleaf.
2b. The price shall include for all necessary packaging, handling and delivery.
3a. Liability for loss or damage shall remain with the supplier until delivery is complete.
3b. There shall be no obligation upon the Company to pay for such materials or goods whether used or not which are delivered and are in excess of the quantity hereby ordered.
4. For all goods to be paid for by weight authenticated weight dockets must accompany delivery notes, the cost of obtaining which must be borne by the supplier.
5. The supplier shall be liable for ensuring that all goods vehicles making deliveries of loose materials and the like shall comply with the Weights and Measures Acts and Road Transport Acts for the time being in force and any local regulations.
6. Delivery shall be for the whole or such parts of the goods or materials, and at such date or dates, as shall be directed by the Company. Time is of the essence of the contract as regards dates of delivery.
7. Except where otherwise provided title to the goods shall pass to the Company on delivery but without prejudice to any right of rejection.
8. The supplier warrants that the sale to and use by the Company of the goods or materials shall not infringe any British or foreign patents and indemnifies the Company against any loss, expense, action, costs, claim or demand made by a third party and arising out of the purchase and / or use by this Company.
9. Any terms and conditions in the supplier’s quotation or, put forward by the supplier after the date hereof, shall not form part of this contract, unless specifically accepted in writing by the Company.
10. Any breach on the supplier’s part of any express or implied terms or conditions herein contained either as to delivery in whole or in part and whether or not the goods or materials or any part thereof shall have been accepted by the Company or the title therein passed to the Company shall entitle the Company, at its discretion and without prejudice to any other rights or remedies, to treat the contract as having been determined or to treat such breach as a breach of warranty giving rise to claims for damages.
11. The supplier shall make good by replacement or otherwise any defects in the materials or goods supplied and shall bear any expenses incurred by the Company as a consequence of such defects.
12. No waiver by this Company of any breach of these conditions shall be effective or binding on the Company unless expressed in writing; any waiver so expressed shall not limit or effect the Company’s rights with respect to any other or future breach.
13. If the supplier admits an act of bankruptcy or enters into liquidation or has a provisional liquidation or a receiver appointed or enters into any arrangement or composition with his creditors, the Company may determine this contract at any time thereafter and shall be liable to pay for only such goods and materials as have been by that date properly delivered and shall be entitled to deduct from any monies so payable any loss or expense as a result of such determination.
14. In accordance with Section 6 of the Health & Safety at Work etc. Act 1974 we would be pleased to receive your confirmation that the article or substance to be supplied is safe and without risk to health when properly used. Also in accordance with the above, please supply details of any tests or examinations carried out and full instructions for the safe use of the article or substance. Reference should also be made to the Provision and Use of Work Equipment Regulations 1993.