Terms and Conditions
1.00 DEFINITIONS; In these conditions meanings are ascribed to terms as follows:- seller means BENCHMARK PRODUCTS; buyer means a company, firm or person who accepts the offer contained in the quotation overleaf; Goods or goods means the products manufactured or fabricated by or for the seller and specified overleaf. Terms or terms mean the seller’s terms of sale specified overleaf; agreement or Agreement means any contract arising from the quotation overleaf.
2.00 ACCEPTANCE; All purchase orders and letters of acceptance shall be written as an equivocal acceptance of the quotation, terms and conditions herein. Any verbal directive or written document received from the buyer which modifies the quotation overleaf and or adds to or negates any of its terms or conditions shall be of no effect unless expressly agreed to in writing by the seller, any written acknowledgement from the seller of letters of acceptance or purchase orders will be in respect of receipt only and should not be regarded by the buyer as an acceptance.
3.00 MANUFACTURE; Unless expressly agreed otherwise by the seller, manufacture of the goods shall be undertaken in a single production run which shall only commence following receipt of all necessary information and details from the buyer including (where deemed necessary by the seller) the dimensions recorded from an on-site survey of those relevant construction elements which may interfere with any subsequent installation of the goods.
4.00 DELIVERY; Goods shall at the sole discretion of the seller be delivered in total or lots during normal business hours to the location specified in the Terms. Unless expressly agreed otherwise in writing by the seller time shall not be of the essence in the agreement, the Manufacture and Delivery Period in the Terms is indicative only and is based on the current situation and subject always to condition 3. A nominated representative of the buyer is obliged to accept the goods by signing the seller’s delivery documents, whereupon the buyer becomes responsible for the entire protection and safekeeping of the goods.
5.00 PAYMENT; Payment by the buyer and presentation of an invoice by the seller shall be concurrent conditions subject to the payment terms overleaf. Payment shall be in full for the respective invoice otherwise timely payment discount shall be disallowed and interest shall also become chargeable on unpaid amounts in accordance with the “Late Payment of Commercial Debts (Interest) Act 1998”.
6.00 STORAGE; The seller reserves the right to make a reasonable charge for storage of the goods if:-
- the buyer should refuse to accept delivery in accordance with Condition 4.00 or
- no time is fixed for delivery of the goods in the Terms overleaf and delivery instructions are not provided by the buyer within 14 days of a request made by the seller for such instructions.
7.00 TITLE; Title in property of all the goods shall at all material times remain vested in the seller and the lien so held by the seller shall not be transferred to the buyer or in the case of his insolvency the appointed Receiver or Manager or Provisional Receiver or Manager as the case may be until such time as Condition 5.00 has been fully satisfied.
8.00 PERFORMANCE; Should the seller’s performance under any contract arising from the quotation overleaf be affected by any of the following events:-
(1) force majeure, fire, natural event or any other act or thing beyond the control of the seller
(2) issue by the buyer of a purchase order, letter or other document which varies the nature and or magnitude of any goods featured in the quotation overleaf and which have been scheduled for manufacture or are in the process thereof then it is agreed that the time fixed for delivery of the goods shall without liability to the seller be automatically extended to take into account the effect of the respective events and additionally in the case of (2) above unless otherwise agreed in writing by the seller, the buyer shall become liable for and immediately pay all costs and expenses incurred by the seller consequent upon the variation issued.
9.00 AGREEMENT; The conditions listed 1.00-10.00 herein together with the terms overleaf shall be read with and deemed to be incorporated in any agreement or purchase order arising from the quotation overleaf and shall modify, override and or cancel any additional or contrary terms and conditions contained in such agreement or purchase order as the case may be.
10.00 LAW; Any agreement arising from the quotation overleaf shall be construed and governed by the laws of England.