Conditions of Sale

1.  Quotations given constitute an offer open for 28 days from the date of the quotation only.  Any order or acceptance of a quotation received thereafter requires confirmation by Southern Brick & Tile, (“The Company”).  The person, firm or company to whom this quotation is given or by whom any order or acceptance is placed is referred to as “The Purchaser”.

2.  All quotations, contracts and orders are subject to availability of goods at the time of the order and to availability of transport as and when required.  If the goods are not available or are only available at increased cost to the company, then the company’s obligations hereunder shall if the company so, elect forthwith cease.

3.  Unless expressly agreed by the company, prices quoted are subject to increase without notice in the event of there being any rise in the market  price of the goods or any increase in cost to the company of, or caused by, materials, fuel, labour, transport or government or other duties or taxed.

4.  The company will endeavour to comply with the purchaser’s delivery requirements.  However, the company is not to be liable for delay in delivery or for any damage, loss or injury arising from or connected with delay in delivery or failure to use best endeavours.

5.  Quotations for delivery by lorry are for full lorry loads and include not more than 1 & ½ hours for unloading the lorry after its arrival at its destination and are based on the assumption that there is an unobstructed good hard road giving access to the unloading point, also available storage space for the goods and suitable and sufficient labour for unloading the goods as and when delivered.  Deliveries are undertaken only upon the condition that the company will not be responsible for any damage to goods either in transport or during or resulting from unloading or handling on site.  If there is no unobstructed road available storage space as aforesaid, the company reserves the right to withhold delivery and to charge for any wasted journeys.  In the case of special shapes if the purchaser does not accept delivery of the goods within 14 days of notification that the goods are ready for despatch, the company may invoice the goods and will be entitled to be paid for such goods.

6.  Goods can only be supplied and any applicable discount can only be granted upon terms that payment for the goods will be made within 30 days of the end of the month during which the date of supply or the date of the invoice falls, whichever is the earlier date.

7.  Samples (if any) are only submitted as indicative of the class of brick, without any guarantee as to size, colour or quantity of the brick.  The company will endeavour to comply with any sample but it is to be under no liability for failure to endeavour or to comply as aforesaid or failure to provide the size or colour or quality selected.

8.  The purchaser must accept full responsibility for the goods ordered for the purpose to which they are put.

9.  All goods of any description are sold at purchaser’s risk entirely and the company takes no responsibility for these goods or their behaviour in work.

10. In the event of the purchaser having or wishing to make any claim or complaint relating to the goods whether for shortage, defective quality, unsuitability, or for any discrepancy or fault of whatever kind as to number, condition, quality or description of goods or otherwise or whether of any other nature, then the purchaser shall give written notification thereof to the company within 48 hours of the delivery of the load giving rise to the claim or complaint.  The obligation to give notice is as a condition of this contract and is imposed so that the company may itself give notice to any manufacturer or other party involved to satisfy such claim or complaint The company shall have a right to examine any goods.  Save as aforesaid the company shall be under no liability in respect of short delivery, defective goods, failure to comply with description or lack of quality or in respect of any other claim or complaint relating to the goods of any kind of nature whatsoever.

11. The company can in no circumstances accept liability for direct or indirect or consequential loss or damage of whatsoever nature.

12. Orders may only be cancelled with the company’s consent in the event of any such cancellation the company shall be entitled to be paid any profit it might have made if the order had been carried out and also any expenses loss or other damage which it may have incurred.

13. No warranty condition, description or representation on the part of the company is given or is to be implied from anything said or written in the negotiations between the company and the purchaser prior to any contract incorporating these conditions and all conditions, warranties and terms. Whether statutory express or implied or otherwise (save as may be expressly set out herein or in any written memorandum or contact incorporating these conditions), are excluded by the company.

14. Any conditions or other terms put forward on behalf of the purchaser in this order or otherwise are expressly excluded.  In the event of there being any conflict or ambiguity relating to or arising from the terms of this contract the such conflict or ambiguity shall be determined in favour of the company.

15. In the event of the company being a nominated supplier then any payments made or to be made, to the purchaser by the employer of the person making the nomination whether by way of remittance, retention or otherwise in respect of the company’s goods or works shall be held by the purchaser in a fiduciary capacity and on trust for the company.

16. All quotations are subject to delivery not being effected by strikes, lock outs, combinations of workmen, fire, fog, ice accident or other unforeseen or unexpected causes or the stoppage of the works of the makers from any cause whatsoever.

17. In case of non payment or any account when due the sellers may, if they think fit, stop all further deliveries until all arrears are paid or cancel any contract as to all or any part or parts of future deliveries.

18. The company reserves the right to impose a credit limit at any time they consider necessary without prior notice.

19. Title to any goods supplied by the company shall remain with the company until the purchaser has paid for the goods in full.