BUILDERS DIRECT SOUTH EAST LTDt/a BUILDERS DIRECT & RESTORATION DIRECT
Terms and Conditions of Sale
These Conditions apply to all goods and services supplied via Builders Direct ("the Company"). The prices charged by the Company have been calculated to take into account the obligations imposed by these Terms and Conditions.
Purchase Orders
If the Buyer issues its own Purchase Order or Acceptance containing conditions of purchase, these Terms and Conditions of Sale shall be deemed to be incorporated in such Purchase Order, and shall override any conflicting provisions of the Purchase Order or Acceptance.
Quotations
Unless stated in writing quotations are valid for 30 days from the date of the written quotation.
Prices
Prices are exclusive of any applicable Value Added Tax, which the Buyer shall be additionally liable to pay to the Company.
Delivery
The Company undertakes to use all reasonable endeavours to dispatch the goods on a promised delivery date, but does not guarantee to do so. Time of delivery shall not be of the essence of the Contract unless expressly agreed in writing. If delivery is delayed for any unforeseen circumstances such as transport breakdown, re-scheduling, accidents, delays in respect of raw materials or bought in goods or components, defective materials, official regulations, fires, riots, revolutions, war, epidemic or any other cause beyond the reasonable control of the Company, a reasonable extension of time shall be granted.
Pallets/Crane Bags
If pallets are supplied to site on the date of delivery, the Buyer will incur a refundable deposit, refundable only when the pallets/crane bags are returned in good condition. The Company reserves the right to charge for any pallets supplied that are not invoiced or are destroyed from site.
Payment
Unless otherwise agreed in writing by the Company, payment will be cash/cheque with order. The Company reserves the right to charge interest at the rate of 2% above the National Westminster Bank minimum lending rate for the time being, on overdue accounts, from the date upon which they became due until the date of payment. Any outstanding balance of the purchase price shall immediately become due upon the commencement of any action or proceedings concerning the Buyer's solvency.
Accounts
Where monthly credit facilities apply and a credit limit is set, payment is due by the end of the calendar month following the date of the Vendor's invoice. Not adhering to these terms may result in termination of the account. If the credit limit is exceeded then a payment on account would be necessary to keep the account in line with the credit limit.
Title to Goods
Ownership of the goods shall not pass to the Buyer until payment in full for the same has been made to the Company. If the goods concerned remain unsold in the custody of the Buyer they shall belong to the Company and be returnable to us on demand. If the goods have already been used and form a building construction or part thereof then it is agreed that ownership of the building or construction will pass to the Company to the extent of the unpaid prices of the goods. The Buyer will, as guaranteed for payment to the Company, thereupon stand as Trustee for the Company to the extent of the amount owed. If the building or construction is sold the Company's claim will attach to the proceeds of sale in the same manner as if the Company was a secured creditor in respect of the sale proceeds.
Risk
Goods shall be at the risk of the Buyer from the time of dispatch from the Supplier/Manufacturer's premises, except goods for which transport is arranged by the Company, when (unless otherwise agreed) the goods will be at the risk of the Buyer from the time of delivery.
Cancellation and Return of Goods
Orders placed with the Company may only be cancelled with the Company's consent within 24 hours prior written notice. If goods are returned unless faulty a restocking charge may be applicable.
Specifications
Descriptions, information, specifications and performance figures contained in promotional literature and advertising matter are intended to present only a general description of the goods and their approximate performance at the time of issue, and may be altered, varied or cancelled at any time without notice to the Buyer.
Warranty
The Company is not responsible for any defective goods, including the cover cost of transport, installation or associated site costs, as this is the responsibility of the supplier/manufacturer.
Interpretation
In these terms and conditions of sale:-
"consent" means consent in writing;
"the Company" includes the servants, employees, carriers, suppliers/manufacturers and sub-contractors of the Company;
"order" means an order which has been accepted by the Company;
"buyer" means the person, firm or company who actually purchases from the Company and the rights granted under these Terms and Conditions of Sale are not assignable.
"supplier/manufacturer" means a third party.
The paragraph headings are for ease of reference only and do not form part of the Conditions.
Applicable Law
These conditions are to be construed and operated in accordance with English Law and any dispute arising under them or any order shall be settled in the Courts of England.
If there is any conflict between these Conditions of Sale and the provisions of Sections 12 to 15 inclusive of the Sale of Goods Act 1979, these Conditions of Sale shall, so far as the law allows, be deemed to negative or vary the rights, duties or liabilities which would otherwise arise by virtue of the said Sections.
