|
TRADING TERMS
S &G Buyers & Estimators Ltd
Reg Office: 3 Edward Street, Oswestry, Shropshire, SY11 2BL
S & G BUYERS & ESTIMATORS LTD
(hereinafter termed “SGBE Ltd”)
TRADING TERMS
1 In this agreement the following terms shall have the following meanings:
‘Goods’ means the whole range of products that SGBE Ltd can source for the customer
‘Net Purchase Price’ means the ex works price of the Goods purchased by SGBE Ltd on behalf of the customer excluding
all costs of packing, transport, insurance and taxes.
‘Clause’ and ‘schedule’ mean respectively clauses or schedules in this agreement unless the context shows a contrary
meaning.
‘Parties’ means the parties to this agreement and where the context permits include their successors in title
2 SGBE Ltd shall act as consultant to the customer on all matters concerning the purchase of building and construction
materials and keep the customer informed of the:
• sources of supply if required by the customer
• general levels of market prices of the goods ruling from time to time; and general conditions appearing likely to alter the
future price or conditions of supply of the Goods or interfere with the prompt supply of them to the customer to very best of
SGBE Ltd’s ability and in good faith
PURCHASE ORDERS
3 SGBE Ltd shall execute promptly the orders for purchase of the Goods communicated to it from time to time by the
customer and effect all purchases at prices and on conditions which are the most advantageous obtainable and utilised at
the time for the customer and to the very best knowledge of SGBE Ltd
WARRANTIES
4 SGBE Ltd shall in making purchases:
• inform the seller of the purposes for which the Goods are intended to be used and of the fact that it is acting as an agent;
• obtain such warranties as to the nature, quality and suitability of the Goods facilitated as the customer requires and so
notifies SGBE Ltd and to the best of SGBE Ltd’s knowledge
PRICES
5 SGBE Ltd shall demonstrate where required by the customer that:
• the Goods are sold at the price declared as the price actually paid or payable for the purpose of any financing arrangement
relating to the Goods; and
• Any claimed rate of interest does not exceed the level for such transactions prevailing at the place where and at the time
when any finance was provided whether by SGBE Ltd, a bank or other natural or legal person.
6 SGBE Ltd shall keep proper accounts and in particular shall keep separate proper and accurate accounts and records of
purchases facilitated on behalf of the customer including full details of the person from whom they are purchased, the
quantity, the total price paid and wherever possible the price per unit quantity and also of the expenses incurred by SGBE
Ltd in making those purchases and arranging for delivery as required by the customer and permit the customer by its duly
appointed agents to inspect those accounts and records at such times as it requires.
PAYMENTS
7 Payment for the Goods facilitated on behalf of the customer shall be made at such times as SGBE Ltd shall stipulate
RIGHTS RESERVED TO THE CUSTOMER
8 Only if the customer is using the services of SGBE Ltd solely as buying agent does it have the right to decline for any
reason to order Goods through SGBE Ltd. Otherwise it shall order through SGBE Ltd all Goods the subject of this
agreement
And in particular the customer shall be liable for the cost of any goods /materials facilitated/instructed or enabled by SGBE
Ltd on behalf of the Customer
FINANCIAL
9 The customer agrees to pay:
1. Commission to SGBE Ltd on Goods facilitated for the customer during the term of this agreement at the rates indicated
to the customer from time to time on the Net Purchase Price of the Goods.
2. Fees for estimating and other services of SGBE Ltd at the agreed rate/s
TERMINATION
10 Either party may terminate this arrangement at any time if either party fails to deliver/perform the level of service and/or the
terms laid out in this agreement.
11 Continuing obligations shall not be affected by termination.
ADMINISTRATIVE AND MISCELLANEOUS
12 Notices may be served by any usual method at the last known address of a party. However it is a condition of this
agreement that both parties agree to notify the other of any address changes or contact details during the contract term
13 SGBE Ltd shall not be liable for any failure in its performance under this agreement caused by factors outside its direct
control nor for mistakes in quantities.
The following clauses numbered 15 to 24 apply to the sale by SGBE Ltd of its own goods being special materials
sourced and purchased by SGBE Ltd for a customer
CONDITIONS OF SALE of goods
14 These Conditions apply to all contracts for the Sale of Goods entered into by S &G Buyers & Estimators Limited
(hereinafter termed ‘SGBE Ltd’) whereby any order placed with SGBE Ltd will be accepted on these Conditions, and on no
other.
15 Carriage -The customer will arrange and pay for carriage as necessary.
16 Goods are supplied on the condition that where applicable Manufacturers’ or Agents’ Conditions of Sale shall be observed.
17 Prices are those ruling at date of dispatch. Prices are for guidance purposes only.
18 All quotations given are irrespective of goods availability at the receipt of order. Dates quoted for delivery are offered in
good faith, but SGBE Ltd will not be responsible for any loss suffered by the Buyer, owing to the inability of SGBE Ltd to
meet such dates.
19 SGBE Ltd will not be liable for any arrangements proposed by representatives or staff relating to supply, delivery, returns or
payment.
20. Orders for goods deemed to be special orders must be confirmed in writing. Cancellation of these cannot be accepted and
the Buyer will be liable for any charges incurred in this respect.
21 Faulty goods. Liability of SGBE Ltd in the event of goods supplied being defective will be limited to the nett invoice value
charge of the items supplied. SGBE Ltd reserves the right to refuse credit on products that are not under guarantee. SGBE
Ltd reserves the right to refuse credit for items damaged by the Buyer.
S &G Buyers & Estimators Ltd
Reg Office: Bryn Helen, South Road, Caernarfon Gwynedd LL55 2HP
GOODS RETURNED FOR CREDIT
22 The invoice or delivery note number and date must be quoted when returning goods for credit or under complaint. Goods
returned under complaint shall be returned to the manufacturer for inspection and report, especially where immediate
replacement or action is required. Requests for return of goods for any other reason will be considered on an individual
basis. Credits can only be issued on the authority of a Director of SGBE Ltd.
TITLE OF GOODS
23 SGBE Ltd retains ownership of goods agreed to be sold until all sums from the Buyer have been received in full. Without
prejudice to any of its other rights, SGBE Ltd may recover or resell goods supplied and may enter upon the Buyer’s
premises for the purpose if:
(a) Any payment due by the Buyer to SGBE Ltd is overdue in whole or in part.
(b) A resolution is passed, or a Court Order made, resolving or ordering that the Buyer be placed into Liquidation, or resolving
or ordering that an Administrator be appointed over all or any of its assets.
(c) An Administrative Receiver is appointed over all or any of the assets of the Buyer.
(d) The Buyer ceases or threatens to cease to carry on trading.
Until such time as the Buyer becomes the owner of the goods supplied it will store them on its premises separately from its
own goods or those of any other person and in a manner which makes them readily identifiable as the goods of SGBE Ltd.
The risk in Goods passes on delivery whether before or after payment.
PAYMENT OF ACCOUNTS - this clause applies to all dealings with customers
24 Payment of accounts is due promptly in accordance with the payment date shown on the invoice/Statement of Account.
Where settlement discounts are deducted from invoice these will not be allowed on payment received after due date. SGBE
Ltd does not allow extended credit, and reserves the right to charge interest at 3% over Barclays Base Rate on overdue
accounts.
SGBE Ltd will not be liable or responsible for cash paid otherwise than in the ordinary course of business, and only an
official receipt will be accepted as evidence of payment.
In the event of SGBE Ltd having to reclaim stock or resort to legal process to obtain settlement of an overdue account, all
amounts outstanding at that time shall be payable, notwithstanding the fact that part thereof may not be due in accordance
with the normal trading terms of SGBE Ltd.
25 This agreement is governed by the law of England and Wales
Dated …………………………………………………………………………………..
Signed by the customer …………………………………………………………………………………..
Signed for SGBE Ltd ………………………………………………………………………………….. |
| |
10000000111111111100110010101010111111111111111111000000100000001010101010001000100000001000100010101010100010001000000011110000
|