Terms of Business
Tim Gibson Ltd (Hereinafter referred to as “The Company”)
CONDITIONS OF SALE
Prices include carriage UK mainland but exclude VAT. All accessories not ordered with any machines are subject to carriage charges unless supplied by the Company’s transport on normal deliveries.
The Company’s policy is one of continuous improvement and it reserves the right to make alterations to machines in its range without prior notice.
All delivery dates quoted are approximate only and the Company shall not be liable for any delay in delivery. Time for delivery shall not be the essence of the contract. The Company reserves the right to deliver the goods in one or more installments and to invoice each installment separately.
The Company reserves the right to make any changes in the specication of the goods which are required to conform with any applicable safety or other statutory requirements which do not materially aect their quality or performance.
Notication of damage, deviation, miss-delivery, delay or detention must be made to the carriers within 3 days of delivery of the goods and any claim made within 7 days of such delivery. A claim for non-delivery of goods can only be accepted if received by the carriers within 10 days from the date of invoice.
In the event of late payment the Company reserves the right to charge to the Purchaser:
- All costs and expenses incurred in seeking to recover any overdue amount
- Interest at the rate of 3% over the base rate of LloydsTSB Bank plc from time to time, such interest to accrue on a daily basis from the due date until payment (whether before or after judgement)
- Retain money owed to the company by a customer from any refunds, purchases or the retaking of goods back and pay the balance owed less all costs and debts
Goods supplied by the Company shall be at the Purchaser’s risk immediately on delivery to the Purchaser or to a third party receiving the goods on the Purchaser’s behalf (whichever is the sooner) and the Purchaser should therefore be insured accordingly.
The legal and benecial ownership of goods supplied to the Purchaser by the Company shall remain with the Company until all amounts owing to the Company from the Purchaser have been paid in full. Pending such payment, the Purchaser shall hold all goods as bailee for the Company and shall keep them separate from other goods belonging to the Purchaser or any third party and separately identiable against unpaid invoices of the Company.
The Company may at any time prior to payment in full being made require the Purchaser to deliver up all such goods to the Company, failing which the Company shall be entitled forthwith to enter upon any premises of the Purchaser or any third party where the goods are stored and retake possession of the goods.
All new goods sold by the Company are subject to a Warranty, which is detailed in the Contract for Supply between the Company and the Purchaser. Save as expressly provided in such Warranty all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law provided that where goods are sold to a purchaser dealing as a consumer nothing in these Conditions shall aect the statutory rights of such a purchaser.
Save for the death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Purchaser for any consequential loss or damage (whether for loss of prot or otherwise), costs, expenses or any claims for consequential compensation whatsoever arising out of or in connection with the supply of the goods or their use by the Purchaser.
The Company shall not be liable to the Purchaser for any delay or failure on its part, which is due to any cause beyond the Company’s reasonable control (which shall include industrial action or trade disputes involving the Company’s employees).
These Conditions shall be construed and take eect in accordance with the laws of England.