Terms & Conditions
In these terms and conditions unless the context otherwise requires the following words shall have the following meanings:
"the company" means Uni-Shop (Fitting) Ltd.
"we" means the company.
"the goods" means the goods specified and shown on the acknowledgement.
"the customer" means the customer who buys or has agreed to buy the goods.
"you" means the customer.
"the price" or "prices" means the price of the goods and any other charges specified.
We submit all quotations and prices and accept all orders for goods subject to the Terms and Conditions which follow and to the exclusion of other conditions. In the event of the customer order containing conditions such conditions are only acceptable and form part of the contract insofar as they are consistent with our Term and Conditions.
1. (i) No order shall be deemed to be accepted until our acknowledgement has been issued and the details shown on the acknowledgement shall be deemed to be correct in all respects unless you notify the company to the contrary in writing within 3 days of your receiving the acknowledgement.
(ii) Any price quotation by the company or its agents or employees shall be deemed to be for information purposes only and shall not constitute an offer to sell.
(iii) Orders can not be cancelled except with our consent and on terms which indemnify us against all loss howsoever incurred.
(iv) Variations shall not have effect unless agreed in writing by a director of the company.
2. (i) We reserve the right to amend prices quoted between the date of acknowledgement and date of delivery accord to any increase in costs unless the original quotation was submitted in a "fixed price" basis.
(ii) The company may require the customer prior to delivery of goods to pay in full or a deposit to secure any order or part thereof. Payment of a deposit shall not prejudice our right to increase prices in accordance with the provisions of Clause 2.(i) above.
(iii) All dimensions and quantities stated in quotations price lists correspondence, catalogues and website are subject to normal trade tolerance and the company reserves the right to modify designs and specifications without prior notification.
3. (i) We reserve the right to charge unless otherwise agreed for delivery assembly and installation on site.
(ii) Where goods have been supplied in accordance with our acknowledgement returns cannot be accepted.
(iii) In the event of the customer being unable or unwilling to accept delivery of the goods we reserve the right to invoice the goods in full such invoices to be payable as if the goods had been delivered and to place all or any of the goods into storage and to charge all costs thereby incurred.
(iv) We will use our best endeavours to meet all delivery dates quoted but shell be under no liability whatsoever for delay or failure to deliver from any cause whatsoever and time shall not be of the essence of the contract unless otherwise agreed in writing be a director of the company.
(v) Unless otherwise agreed in writing, delivery of the goods shall take place at the customers address appearing on the acknowledgement.
(vi) Unless otherwise agreed in writing by the company, we shall be entitled to make partial deliveries by instalments and the Terms and Conditions shall apply to each partial delivery. Failure by the customer to accept or pay for any installments may in the company's absolute discretion be treated by the company as a repudiation of the contract.
4. Value Added Tax or any other form of tax or levy on the supply of goods shall apply to all orders at the rate in force at the date of delivery of the goods.
5. (i) We must be notified within 3 days and in writing of shortages or damaged goods and delivery notes marked accordingly to substantiate any claims.
(ii) The company shall not be liable for any consequential or indirect loss suffered by the customer whether this loss arises from breach of a duty in contract or tort or in any other way (including loss arising from the company's negligence). Examples of consequential or indirect loss include but are not limited to loss of profits loss of contract and damage to property of the customer or anyone else.
(iii) The company's total liability for any one claim or for the total of all claims arising out of any one act or default of the company (whether arising from the company's negligence or not) shall not exceed the price for the goods or any one of them.
6. We reserve the right to invoice progress payments during the period of the contract such progress payment shall include but are not limited to the value of labour and materials incurred to that date by the company or by the company's agents or suppliers.
7. (i) Not withstanding delivery of the goods, the title and property of goods supplied does not pass to the customer until payment has been received in full.
(ii) Risk in respect of the goods passes to the customer from the moment of delivery.
(iii) So long as title and property of the goods remains in the company the company shall have the right without prejudice to the obligation of the customers to retake possession. The customer shall on demand by the company inform the company of the whereabouts of all such goods and allow the company full access to the goods at any time.
(iv) Nothing in this condition shall confer the right of the customer to return the goods and the company may maintain an action for price not withstanding that the title and property may not have passed to the customer.
8. Payment shall be made at the time stated in our acknowledgement. In the event of non payment any discounts offered for payment by a stipulated date are forfeited and without prejudice to our rights the company reserves the right to charge interest on the amount of any delayed payment at the rate of 2% per calender month or part thereof over the base rate for the time being and from time to time on HSBC plc on the amount outstanding until payment is made in full.
9. No retentions or variations shall be allowed unless expressly agreed in writing by a director of the company.
10. Without prejudice to any other provision herein in the event of the performance of any obligation excepted by the company being prevented delayed or in any other way interfered with by force majeure such as but not limited to act of God natural disasters fire flood explosions or earthquakes epidemics serious accidents any act of government war strikes or labour troubles at the company's premises or elsewhere the inability to obtain the necessary import or export licenses or any other licenses or consents of governmental or other authority or any other cause whatsoever beyond the reasonable control of the company the company may at it's option suspend performance of or cancel the contract or so much of it as remains unperformed without liability for loss provided the company informs the customer as soon as reasonably practicable in writing of it's inability to perform it's obligations. Such suspension or cancellation shall be without prejudice to the company's right to receive payment for all the goods previously delivered.
11. If the customer shall commit any breach of the contract or become insolvent or unable to pay its debt or commit any act of bankruptcy or (being a Limited company) go into liquidation other than a voluntary liquidation for the purposes or amalgamation or reconstruction only or have a receiver appointed of its undertaking or assets of any part thereof the company may without prejudice suspend or determine the contract or the unfulfilled part thereof and stop delivery or any goods being manufactured or in transit without prejudice to any other rights or remedy which the company may lawfully enforce or exercise.
12. The contract shall be governed and construed in accordance with English law and the customer submits to the jurisdiction of the English courts to here all disputes arising in connection with the contract.