DEFINITIONS
“The Company” means ProudCastle Solutions Limited
“The Buyer” means the person, company or corporation to whom the company’s tender, quotation or order (as the case may be ) is addressed.
“Goods” means the article or any item that is described in the company’s tender, quotation or order (as the case may be).
“Contract” means the Buyer’s order and the Company’s acceptance thereof subject to these terms and conditions. No other document shall form part of the Contract unless so agreed in writing by the Company and the Buyer. Neither of the parties hereto shall be bound by any variation, waiver or addition to these Terms and Conditions save only as may be agreed by both parties in writing.
GENERAL
(a) - Tenders or quotations issued by the company are not offers capable of acceptance so as to make a binding contract. All orders placed with the Company require the Company ‘s acceptance before the contract arrises.
(b) - All orders placed with the Company, whether pursuant to a quotation or otherwise, if accepted by the Company, shall be subject t these Conditions of Sale. In the absence of express agreement to the contrary in writing, goods are tendered or delivered (as the case may be ) and work is undertaken in every case upon and subject to these Conditions of Sale.
PRICE VARIATION
Any price quoted by the Company is based on the latest prices and costs ruling at the basic date (as hereinafter defined) in respect of:-
(1) Material, labour & fuel;
(2) Conforming with statutory or governmental requirements whether of the United Kingdom or any other country.
The “basic date” shall be the date specified on the Company’s tender or quotation or if no date is so specified the date of such tender or quotation, or if there be no such tender or quotation the date when the Buyer’s order is accepted.
If between the basic date and the date of delivery there shall be any variation in the costs incurred for the execution of the contract by the company by reason of a rise in rates, prices and costs referred to in the above paragraph, the contract price shall be adjusted insofar as the execution of the contract has been affected by such variations. The certificate of the company’s accountants as to the effect of such variations upon the cost of manufacture shall be conclusive.
Unless otherwise stated, all prices quoted by the company exclude delivery costs.
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FORCE MAJEURE
In the event of any delay in completion due to any cause arising from or attributable to acts, events, non-happenings, omissions or accidents beyond the reasonable control of the company or acts of god, including but not limited to strikes, lock outs, labour troubles, riots, civil commotion, war (whether or not formally declared) or voluntary or mandatory compliance with any directions, request, order or regulation whether statutory, governmental or national of whether of the United Kingdom or of any other country the delivery of the goods may be wholly or partially suspended but not cancelled, except that if the period of suspension shall exceed twelve months the company shall have the right to cancel the contract in respect of the goods remaining undelivered.
WEIGHTS ETC.
All weights, measurements and powers given in tenders or quotations are stated as correctly as possible but slight deviations shall not vitiate the contract or give rise to any claim against the company.
DELIVERY TIME
Any time quoted for delivery is to date from receipt by the company of a written order to proceed with the supply of the goods and the receipt of any necessary licence or permit, and all necessary information to enable the company to put the work in hand. Any such time shall be an estimate only and shall not form part of the contract.
ACCEPTANCE OF GOODS
The buyer shall be deemed to have accepted the goods when he intimates to the company that he has accepted them, or when the goods have been delivered to him, and he does any act in relation to them which is inconsistent with the ownership of the company, or when after the lapse of seven days the buyer retains the goods without intimating to the company that he has rejected them.
CONSEQUENTIAL LOSS
The Company shall not be liable for any consequential loss or damage, howsoever arising or by whomsoever caused.
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ARBITRATION
All disputes, differences or questions at any time arising between the company and the buyer as to the construction of the contract or as to any matter or thing arising out of the contract or in any way connected therewith shall be referred to the arbitration and final decision of a single arbitrator who shall be agreed between the parties or who failing such agreement shall be appointed at the request of either party by the president for the time being of the Law Society. The arbitration shall be in accordance with the arbitration act, 1950.
PROPER LAW
The Contract shall be governed and interpreted in all respects in accordance with the law of England as a contract made and to be performed in England.
TERMS
30 days from the end of the month in which the invoice is dated.
DELIVERY
Whilst every effort will be made to meet delivery dates, no responsibility can be accepted for costs incurred due to late delivery.
CANCELLATION
If an order is cancelled for any reason, a charge will be made based on work already carried out, including drawings, design etc.
END
The goods shall remain the sole and absolute property of ProudCastle Solutions Limited until such time as the customer shall have paid in full.
These terms and conditions are subject to change without notice.
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ABOUT PROUDCASTLE