All contracts for works done or goods or services supplied by First Central Developments Ltd Trading as “BLUEBERRY” (the Company) shall be subject to these terms of business and all Quotations supplied, orders accepted and work commenced by the Company on behalf of the customer shall be exclusively upon these terms unless otherwise specifically accepted by the Company in writing.
No variation in the Contract shall be accepted unless agreed by the Company in writing.
The Company shall endeavour to complete the Contract upon such dates or during such periods as may be stated therein, but time shall not be of the essence of any Contract.
The Company shall not accept any responsibility for delay or non-delivery caused by circumstances beyond its control, including acts of God, fire, the elements, war, civil commotion, strikes or lock-outs, industrial dispute, shortage of raw materials, shortage of labour, break-down or partial failure of plant or machinery, late receipt of the buyer’s specification or necessary information, acts, orders or regulations of Government, delay or failure on the part of any independent sub-contractor supplier or carrier, or any loss of whatsoever nature. Whilst all the companies sub-contract providers work within the guidelines of a relevant standard, galvanising and powder coating warranties, for example, are the responsibility of those companies providing the said specialist sub-contract service.
The Company shall not be liable for loss of any kind or expenditure incurred in any way attributable to or consequent upon a breach of contract by the Company.
Any condition, warranty or statement as to the quality of the goods or their fitness for any purpose whether expressed or implied by statute, custom of the trade or otherwise is hereby excluded
Unless specified in the Contract, the prices for goods and services supplied shall be the ruling price on the Company’s price list on the despatch or delivery of the goods.The Company may charge interest at 2% per month upon all accounts outstanding in any month. Unless specified in the Contract all prices are “Net ex-works” and subject to the addition of tax. Payment terms are nett month end following month of despatch. The company cannot be held responsible for any errors or omissions by the customer.
Content of orders are as per Order Acknowledgement and are not subject to changes or additions after issue unless notified in writing by the customer and accepted by the Company.
Where no provision is made for delivery, the Company shall notify the customer in writing that the goods are available. The goods will be at the risk of the customer from the date of receiving such notification.
Delivery of the goods to the customer shall take place upon collection by the customer, or delivery to a carrier. The company will not be responsible for vehicle offload. The company cannot accept any responsibility for charges incurred if delivery is later than anticipated. Any loss or damage incurred after delivery of materials is not the responsibility of the company. Any alteration, damage and any subsequent repair of the product, after delivery, is solely the responsibility of the customer.
No claims shall be considered for any shortage not notified within 48 hrs. of delivery to the customer or any shorter period as may be specified in the Conditions of Carriage if delivery is arranged by the Company.
The Company may charge the customer for the shortage of goods not collected within seven days of notification of availability or if the goods are returned by a carrier.
Each part delivery or instalment of goods shall be deemed to be sold under a separate contract.
Customers are advised to inspect all material on delivery as no complaint will be acknowledged unless notified in writing within 48 hrs. of delivery. Materials which has been processed cannot be returned. Defective material is purchased with all faults.
The Company shall be entitled without prejudice to its other rights and remedies, either to terminate wholly or in part any or every contract between itself and the customer or to suspend any further deliveries under any or every such contract in any of the following events:-
If any debt is due or payable by the customer to the Company but is unpaid.
If the customer has failed to provide any letter of credit, bill of exchange or any other security required by the contract, provided that in such event the aforesaid rights of termination of suspension shall apply only in regard to the particular contract in respect of which the customer shall have so failed.
If the customer has failed to take delivery of goods under any contract between it and the Company otherwise than in accordance with the customer’s contractual rights.
If the customer becomes insolvent or being a body corporate has passed the resolution for voluntary winding up except where solely for the purpose of reconstruction, or has suffered an Order of the Court for its winding up to be made, or has had a Receiver appointed or being an individual or partnership has suspended payment of his or their debts in whole or in part or has proposed or entered into any composition or arrangement with his or their creditors or has had a Receiving Order in Bankruptcy made against him or them.
The Company shall be entitled to exercise the aforesaid rights of termination or suspension at any time during which the event or default giving rise thereto has not ceased or been remedied and, in the event of such suspension, the Company shall be entitled as a condition of resuming delivery under any contract between it and the customer to require prepayment of or such security as it may require for the payment of the price of any further delivery.
The customer shall not be entitled to withhold payment of any amount payable under the Contract to the Company because of any disputed claim of the customer in respect of faulty goods or any other alleged breach of the Contract, nor shall the customer be entitled to set-off against any amount payable under the Contract to the Company any moneys which are not then presently payable by the Company or for which the Company disputes liability.
The rights of the Company or the customer shall not be prejudiced or restricted by any indulgence or forbearance extended by either party to the other, and no waiver by either party in respect of any breach shall operate as a waiver in respect of any subsequent breach.
All notices or written communications shall be deemed to be delivered to the customer two days after the date of posting or one day in the case of a email.
RESERVATION OF TITLE
UNTIL full payment has been received by the Company for all goods whatsoever supplied (and all services rendered) at any time by the customer to the Buyer:-
Property in the goods shall remain in the Company
Should the goods (or any of them) be converted into a new product, whether or not such conversion involved the admixture of any other goods or thing whatsoever and in whatever proportions, the conversion shall be deemed to have been effected on behalf of the Company and the Company shall have the full legal and beneficial ownership of the new products, but without accepting any liability whatsoever in respect of such converted goods in relation to any third party and the Buyer hereby indemnifies the Company in relation thereto.
Subject to (d) and (e) below, the Buyer shall be at liberty to sell the goods and the new products referred to in (b) above, in the ordinary course of business on the basis that the proceeds of sale shall belong to the Company to whom the Buyer shall account.
The Company may at any time revoke the Buyer’s power of sale by notice to the Buyer, if the Buyer is in default in the payment of any sum whatsoever due to the Company (whether in respect of the goods or any other goods supplied) or services rendered at any time by the Company to the Buyer or for any other reason whatsoever (or if the Company has any bona fide doubts as to the Solvency of the Buyer.
The Buyer’s power of sale shall automatically cease if a Receiver is appointed over any of the assets, or the undertaking of the Buyer or a winding up order is made against the Buyer, or the Buyer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or cause a meeting of or makes arrangement or composition with creditors or commits any act of bankruptcy or allows execution to be levied against its or his goods;
Upon determination of the Buyer’s power of sale under (d) or (e) above, the Buyer shall place the goods and the new products at the disposal of the Company who shall be entitled, using as is reasonably necessary, to enter upon any premises of the Buyer for the purpose of removing such goods and new products and to remove such goods and new products from the premises (including severance from the realty where necessary)
Where the customer has no credit facility a Pro-Forma invoice will be issued requiring that customer to pay in full prior to despatch of good.
Customers without payment history in the 12 months previous to order will also be subject to the above terms.
DESPATCH DELAYS IF REQUESTED BY THE CUSTOMER
When a despatch date is delayed by the customer beyond month end in which the delivery request was made The Company reserve the right to invoice the goods in full at the end of that month.
When the delay exceeds 1 calendar month, The Company reserve the right to charge storage costs at a rate of £35.00 per square metre, per month. The Customer takes full financial responsibility for good in storage at The Company’s premises.
All goods are subject to a 12 month manufacturer’s warranty. The company does not provide an extended warranty insurance on any of their products.
If particular compliance is required by the customer (ie. RoSPA/EN1176) then it is the customer’s responsibility to request this at the time of quotation/prior to manufacture.