Terms and Conditions

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J T ATKINSON & SONS LTD

CONDITIONS OF SALE

1.0 DEFINITIONS

In these Terms, the following meanings shall apply:

“Consumer” means a consumer as defined by the Unfair Contract Terms Act 1977 or the Unfair Terms in Consumer Contracts Regulations 1999 (“Consumer Protection

Law”).

“Contract” means any contract made between Us and You for the sale and purchase of Goods.

“Defect” means any defect in the Goods (taking into account any generally accepted tolerance).

“Goods” means the goods or where the context permits the services to be supplied by Us to You.

“Terms” means the terms set out in this document and any special terms agreed in writing between Us and You.

“We”, “Us” and “Our” means J T Atkinson & Sons Limited (trading as JT Atkinson Builders Merchant and Hathaway and Hoyle).

“You” and “Your” means the person seeking to purchase goods from Us.

2.0 THE CONTRACT

2.1 The Terms shall apply to all Contracts to the exclusion of all other terms and conditions including any terms or conditions which You may purport to apply under any

purchase order, confirmation of order, or similar document. Quotations are invitations to treat only and shall lapse 30 days from their date. All orders for Goods shall

be deemed to be an offer by You to purchase Goods on the Terms. Any variation to these Terms shall be inapplicable unless agreed in writing by Us.

2.2. Completion of an application by You for a credit account with Us or, as the case may be, acceptance of delivery of the Goods shall be deemed conclusive evidence of

Your acceptance of these Terms.

2.3. Contracts may be cancelled only with Our written agreement and You will indemnify Us against all costs claims losses or expenses incurred as a result of that

cancellation.

2.4 You shall be responsible to Us for ensuring the accuracy of any order including any applicable design drawing or specification provided to Us by You and for giving

Us necessary information relating to the Goods within a sufficient time to enable Us to perform the Contract in accordance with its Terms.

2.5 Descriptions and/or samples provided to You are merely indicative of the type of material and class of Goods offered by Us. No guarantee or warranty is given or

implied that Goods will be exactly as description and/or sample and the use of any such description and/or sample shall not give rise to a contract of sale by description

and/or sample.

2.6 We will not be liable for any advice or recommendation given by Us or on Our behalf to You as to the storage, application, or use of the Goods unless made (or

confirmed) in writing by Us.

2.7 If you deal as a Consumer any provision of the Terms which would be unfair under Consumer Protection Law shall not apply. The statutory rights of a Consumer shall

not be affected by the Terms.

3.0 PRICE AND GOODS

3.1 Our quotations and prices are based on costs prevailing at the time when they are given or agreed. We shall be entitled to adjust the price of Goods at the time of

delivery by such an amount as may be necessary to cover any increase sustained by Us after the date of acceptance of your order and any direct or indirect costs of

making obtaining handling or supplying the Goods.

3.2 Our quotations are based on prices applicable to the quantity specified. In the event of orders being placed for lesser quantities We shall be entitled to adjust the price

of the Goods as ordered to take account of the variation in quantity.

3.3 The price of the Goods is exclusive of VAT which shall be due at the rate ruling on the date of VAT invoice.

4.0 PAYMENT

4.1 Unless the sale is for cash or other credit terms have been agreed in writing, all accounts are due for payment by the end of the month following the date of delivery.

4.2 Time for repayment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds.

4.3 We reserve the right to refuse to execute any order or contract if any payment due from You is in arrears or the arrangements for payment or Your credit are not

satisfactory to Us in our sole discretion. We may require payment for each consignment when it is available and before it is dispatched in which case delivery will not

be effected until We are in receipt of cleared funds.

4.4 In the case of short delivery You will remain liable to pay the full invoice price of all Goods delivered or available for delivery.

4.5 You may not withhold payment of any invoice or other amount due to Us by reason of any right of set off or counterclaim which You may have or allege to have for

any reason whatever.

4.6 We shall be entitled at all times to set off any debt or claim of whatever nature which We may have against you against any sums due to Us by You. Any monies received

against accounts are deemed to be against such outstanding amounts as We in our sole discretion shall determine.

4.7 If you fail to make payment on the due date, then, without prejudice to any other right or remedy available to us, you will indemnify us in respect of all costs incurred

by us in recovering payment, including the cost of instructing Solicitors. In the event that you tender payment by cheque and the cheque is returned by your bankers

unpaid, you will indemnify us in respect of all bank charges thereby incurred by us.

4.8 We shall be entitled in our absolute discretion to withdraw credit at any time if you fail to make any payment by the due date or are otherwise in breach of the terms

of the Contract and, where the breach is capable of remedy, you have not remedied the breach within 14 days of receiving notice requiring the breach to be remedied

or if upon reasonable grounds it appears to us that you are insolvent. In all such events, all invoices issued by us to you shall become due and payable immediately.

5.0 DELIVERY

5.1 Unless otherwise agreed in writing by Us, the Goods shall be delivered to You at the address given by You to Us and delivery will be effected when the Goods are

delivered to such address or collected from Our premises by You or on Your behalf (whichever the case may be).

5.2 Any dates specified by us for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so

specified, delivery shall be within a reasonable time.

5.3 We shall not be liable for any reasonable period of delay in delivery of the Goods however caused. We will not accept liability for any delay beyond such period unless

delay is caused solely by Our negligence. Notwithstanding that We may have delayed or failed to deliver the Goods (or any of them) promptly You shall be bound to

accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within a reasonable period of Our estimated date of delivery or

(if later) before You have given Us reasonable notice in writing of cancellation of the Contract because of the unreasonable delay.

5.4 We reserve the right to make delivery by instalments and tender a separate invoice in respect of each instalment. Our failure to deliver any one or more instalments

or any claim by You in respect of any one or more instalments shall not entitle You to treat the Contract as a whole as repudiated.

5.5 Unless otherwise stated all quotations and estimates assume delivery in full loads on week days and Saturday mornings during normal working hours. We reserve the

right to levy additional charges for (i) deliveries by instalments where requested by You and (ii) if We agree at your request to deliver outside normal working hours,

Saturday afternoons, Sundays and/or Bank Holidays.

5.6 You must provide the necessary labour for unloading the Goods and unloading is to be completed with reasonable speed. If Our delivery vehicle is kept waiting for

an unreasonable time or is obliged to return without completing delivery or if We provide additional staff to unload Goods or if for any reason You fail to accept delivery

of the Goods an additional charge will be made.

5.7 We shall deliver the Goods as near as possible to the delivery address as a safe hard road permits. We reserve the right to refuse to deliver the Goods to premises

considered in the discretion of the driver to be unsuitable.

5.8 If Goods are to be deposited other than on your private premises, You shall be responsible for compliance with all regulations and for all steps which need to be taken

for the protection at all times of persons or property and will indemnify Us in respect of all cost claims losses or expenses We may incur as a result of such delivery

whether on the public highway or elsewhere.

5.9 If You fail to take delivery of the Goods or fail to give Us adequate delivery instructions (otherwise than by reason of any cause beyond Your reasonable control or by

reason of Our fault) then, without prejudice to any other right or remedy available to Us, We may:

5.9.1 Store the Goods until actual delivery and charge You for the reasonable costs of storage and insurance; and/or

5.9.2 Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage insurance and selling expenses) account to You for the excess

over the price or charge You for any shortfall below the price.

5.10 The quantity of any consignment of Goods as recorded by us on despatch from our place of business shall be conclusive evidence of the quantity received by you on

delivery unless you can provide conclusive evidence proving the contrary.

6.0 INSPECTION

6.1 You shall inspect the Goods at the place and time of unloading but nothing in these Terms shall require you to break packaging and/or unpack Goods.

6.2. You must give us written notice within 3 working days of any claim for short delivery. If you do not give Us that notice within that time the Goods will be deemed to

have been delivered in the quantities shown in the delivery documents and You shall not be entitled and irrevocably waive any right to reject the Goods or claim any

damages whatsoever for short delivery howsoever caused.

6.3 Where it is or would have been apparent on a reasonable inspection that the Goods have a Defect You must give us written notice within 3 working days. If you are

not a Consumer and You fail to give us that notice within that time the Goods will be deemed to have been accepted and You shall not be entitled and irrevocably

and unconditionally waive any right to reject the Goods.

6.4 In the event that You give Us written notice under 6.2 or 6.3 above You shall afford Us an opportunity to inspect the Goods within a reasonable time following receipt

and before any use is made of them. If You fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the Contract and

free from any Defect which would be apparent on a reasonable examination of the Goods and You shall be deemed to have accepted the Goods.

For the avoidance of doubt We acknowledge that the costs of suspending works are relevant to the determination of what is a reasonable opportunity and this Term

shall not prejudice any works affecting the Goods which it may be reasonably necessary to carry out in the interests of safety and/or as emergency measures.

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