SHROPSHIRE ELECTRICAL SUPPLIES LTD TERMS AND CONDITIONS OF SALE
Unless otherwise stated in writing the following conditions shall apply
“The Seller” means SHROPSHIRE ELECTRICAL SUPPLIES LTD .
“The Purchaser” means the Company, firm or person to be supplied with
Goods by the Seller.
“Goods” means the products or services to be supplied as per the
“The Contract” means the Contract for sale/purchase of the Goods made
between the Seller and the Purchaser to which these Conditions apply.
2. Quotations & Acceptance
a) Quotations issued shall remain valid for a period of thirty (30) days
from the date of issue unless otherwise stated and represent no
obligation on the part of the Seller until the Seller accepts the Purchasers
b) The Purchaser’s order or acceptance must be identified with an order
number and must contain sufficient information to enable the Seller to
c) The Seller’s conditions shall prevail in the event of inconsistency
between conditions of the Seller and the Purchaser. Any variation of the
Seller’s conditions shall only become binding on the Seller when accepted
in writing by a duly authorised person on behalf of the Seller.
3. Price & Delivery
a) Prices quoted do not include VAT.
b) Carriage and delivery will be arranged at the request and at the expense
of the Purchaser. Where applicable C.O.D. charges will be added to the
price of the Goods.
c) Price variation – The Seller reserves the right to increase the price of
Goods agreed to be sold in proportion to any increase of costs to the
Seller between the date of acceptance of the order and the date of delivery
(including but not by way of limitation those relating to exchange rates,
labour, materials, transport and taxes) of where the increase is due to
any act or default of the Purchaser including the cancellation by the
Purchaser of part of any order.
d) Any delivery period quoted is an estimate only and does not form part
of the Contract, and the Seller shall not be held liable for failure to
deliver within any quoted period.
e) Claims for damage or shortage must be made within 5 working days
from date of receipt of Goods at the Purchaser’s specified delivery
address. Claims for non-delivery must be made in writing within 10
working days of invoice date.
Where account facilities are not approved, payment will be made by
cheque or credit card with order. Where account facilities have been
approved, payment will be due 30 days end of month unless otherwise agreed in writing. Payment shall not be
withheld on account of any unrelated claim by the Purchaser
against the Seller. The Seller reserves the right to suspend deliveries
where payment of any invoice has not been made on the due date.
The Seller reserves the right to charge interest of 2% per month on any
amounts outstanding after the due date. The Seller reserves the right
to cancel any Contract due to late or non-payment of account if, in
the reasonable opinion of the Seller, the Purchaser is unlikely
to be able or willing to pay accounts as they fall due. The value of
Goods specifically ordered and held in stock against any Contract will
be claimed in the event of late or non-payment of account.
a) The Goods will be those supplied to the manufacturer’s current
standard specification and finish.
b) The Seller accepts no liability for any damage or injury arising directly
or indirectly from any error or omission in the accuracy of technical data or
literature relating to the Goods not being caused by the gross neglect of
Payment in full is due in respect of any Goods delivered. Until payment is
made in full the Goods shall remain in the property of the Seller but the
risk therein and all liability to third parties in respect thereof shall pass to
the Purchaser on delivery. Until full payment has been made, the
Purchaser shall store the Goods in such a way as to enable them to be
identified as the property of the Seller. Notwithstanding such retention
of Title the Purchaser may re-sell the Goods to its own customers in the
ordinary course of its business. This privilege may be withdrawn by the
Seller at any time at his discretion. Title of Goods cannot pass to a third
party until all invoices or outstanding amounts are paid for in full. The
Purchaser shall accordingly set aside funds from any re-sale of Goods in
whatever form to cover full payment of the Seller’s Goods. Upon any
breach of Contract, the Purchaser shall return any Goods as requested
and allow the Seller immediate access to any premises where Goods are
held to enable identification and re-possession as required by the Seller.
No liability will be accepted by the Seller for loss or damage howsoever
incurred during the exercising if the above rights of re-possession.
The Purchaser shall insure the Goods from time of delivery and at all times
Seller shall be determined in all respects by the Laws of England.
while the Goods remain in their possession for the full invoiced value of the
7. Limitation of Liability
a) Except to the extent described in Condition 6, the Seller shall not be
liable in Contract tort or otherwise for any loss, damage, injury, expense
or cost suffered or incurred by the Purchaser or any third party (including
but not limited to consequential or indirect loss or loss of profit)
whatsoever or howsoever arising out of, in connection with the supply of
Goods or Services by the Seller other than to supply Goods conforming to
the original agreed specification or at the Seller’s option to refund to the
Purchaser any monies already paid in respect of the Goods or Services
b) The Seller’s obligation under Condition 6 is the sole liability of the
Seller in respect of the quality fitness for purpose, compliance with
description and/or their compliance with sample. All other representations,
warranties, conditions, terms and statements in respect of the Goods or
Services express or implied Statutory or otherwise are excluded save where
not capable of exclusion by Law.
8. Force Majeure
The Seller shall have no liability in respect of failure to deliver or perform
or delay in delivering or performing any obligations under the Contract due
to causes outside the reasonable control of the Seller such as acts of God,
fire, floods, war and civil disturbances or not, acts of Government, currency
restriction, labour disputes, strikes, unavailability of materials or failure of
supplier or subcontractor to deliver on time.
When delivery is delayed for reasons attributable to the Purchaser or its
Agents, storage and other additional costs will be charged to the Purchaser
and the Goods will be at the Purchaser’s risk from the date of
commencement as such. The Seller reserves the right to invoice the Goods
at the original delivery date.
10. Patent Rights
a) The sale of Goods and the publication of any information or technical
data relating thereto does not imply freedom from patent registered design
or other industrial property rights in respect of any particular application
of the Goods.
b) The Purchaser warrants that the designs and specifications supplied by
it to the Seller will not involve the infringement of any patent registered
design or other industrial property right in the manufacture and sale of the
Goods by the Seller.
c) The Purchaser undertakes to indemnify and keep indemnified the
the Seller against all royalties, claims, actions, demands, proceedings
losses and costs in connection with any infringement or alleged
infringement of any patent, registered design or other industrial property
right in the manufacture sale or application of the Goods, arising out of or
in connection with the matters described in paragraph a) and b) above
provided that nothing in the Clause shall operate to the prejudice of the
Statutory undertakings as to title etc. contained in Section 12 Sale of
Goods Act 1893 as amended.
11. Purchaser’s Samples & Drawings
Drawings and samples supplied by the Purchaser for the Contract shall be of
suitable quality and shall be provided free of charge in sufficient quantities
and at the times required by the Seller. Any delay in such drawings and samples
provided by the Purchaser shall not entitle the Purchaser to rescind the Contract,
reject the Goods, make deductions from the Contract price or claim damages
in respect of such defect and the Purchaser shall indemnify and keep
indemnified the Seller from and against all actions, demands, claims,
proceedings, losses of costs arising from the supply of defective drawings
and samples by the Purchaser.
12. Origin of Goods
The Seller makes no representation and gives no warranty
in respect of the sources of origin of manufacture of production of the Goods or any part thereof.
The Seller will supply one Invoice and one Advice Note for each
consignment of Goods, notwithstanding that the consignment may
compose more than one package.
14. Cancellation and Return of Goods
a) Cancellation will not be accepted for non-stock items. If the Seller
agrees to accept cancellation or part cancellation of an order for stock
items, a minimum charge of 20% of the total order price may be made.
b) No returns are remitted without the Seller’s previous consent.
c) If the Seller agrees to accept returns they must be returned at the
Purchasers expense in the condition in which they were supplied to a
minimum charge of 20% of the total order price.
Any question of law relating to these Conditions or agreed amendments
thereof or the terms of any Contract between the Purchaser and the
Seller shall be determined in all respects by the Laws of England.