TERMS All prices and discounts are calculated for payment strictly 30 days from date of invoice unless agreed prior to contract start date,for none accounts goods must be paid for pre-delivery. It is a fundamental condition of each and every contract entered into between the Company and a customer that all goods supplied to the said customer shall have been paid for in full by 30 days from date of invoice and that if this condition is not satisfied the Company reserves the right to unilaterally determine each and every contract with that customer and notify the customer forthwith.

VALUE ADDED TAX When applicable VAT will be added to our invoice at the current rate at the date of invoice.

DESPATCH The Company shall at times use its best endeavours to despatch the goods to the purchasers on the agreed date.

Without prejudice to the generality of the foregoing, If during the currency of this contract the production, manufacture, delivery or erection of any or all the materials quoted in this tender shall be hindered or interfered with due to any cause whatsoever beyond the Company’s control, then delivery may be partially or wholly suspended (as the case may require) during the continuance of such causes and the time for delivery shall be correspondingly extended.

DAMAGE IN TRANSIT AND NON-DELIVERY Where goods or materials are consigned or sent to the purchaser or his agent at the request of the purchaser such goods or materials shall be deemed to have been received by the purchaser or his agent in perfect condition unless within 14 days from the date of despatch appearing in the Company’s advice note the Company and its carriers are notified in writing of any damage to the goods or non delivery of the goods. If the purchaser shall not so notify the Company the purchaser shall pay for any goods not delivered or delivered but damaged in transit at the full contract price.

TITLE Until payment in full has been made by the purchaser of all sums owing or due to the Company on any account whatsoever in respect of purchases of the Company’s goods or otherwise:-

1. The property in the goods supplied by the Company whether mixed with or made accessions to other goods of the purchaser or a third party shall remain in the Company.
2. The purchaser shall keep and store the goods in such a manner as to enable them to be identified as the property of the Company.
3. The purchaser shall be at liberty to sell the goods in the ordinary course of business.
4. The proceeds of any such sale and the benefit of any such contract of sale shall be the property of the Company and held in trust for the Company absolutely.
5. The Company may by written notice terminate the purchaser’s power of sale at anytime if the purchaser goes or threatens to go or is in the opinion of the Company likely to go into receivership of liquidation.
6. At any time after the termination of the power of sale, the Company may repossess the goods and for this purpose the purchaser herby grants the Company an irrevocable license to enter upon any premises of the purchaser.

RISK Notwithstanding the property in the goods, shall not pass to the purchaser as provided in Condition 5 hereof:-

1. The risk in the goods shall pass to the purchaser at the time of delivery to the purchaser his agent or carrier.
2. The purchaser shall indemnify the Company against all claims, demands, loss, damages, penalties, costs, expenses and liabilities arising out of or in connection with, the purchaser’s possession of the goods and the Company’s continued ownership of the goods.

INDEMNITY Unless otherwise agreed, the purchaser shall hold and save the Company harmless from all liability of whatsoever nature or kind to third parties or others for or on account of the sale, operation or use of any plant installed by the Company or work done or materials supplied by the Company.

HEALTH AND SAFETY On or before delivery of the Company’s good to the customer, the customer if so requested by the Company enter into a written undertaking to take such steps as may be specified by the Company sufficient to ensure that the goods will be safe and without risks to health when properly used.

The Customer shall indemnify the Company in respect of costs incurred in defending any proceedings in relation to the Company’s goods brought under the Health and Safety at Work Act 1974 or any statutory modification or re-enactment thereof or any regulations, orders or directions made thereunder.

REPEAT ORDERS Customers contracting to purchase further goods from the Company (whether or not of the same description as goods previously purchased) shall be deemed to do so with express notice of the Company’s General Terms and Conditions of Trading and these Conditions together with additional and or amendments for the time being notified to the Customer shall be deemed to be incorporated in all such contracts whether or not expressly referred to or included therein.

LEGAL CONSTRUCTION, GOVERNING LAW AND MODIFICATIONS:

1. In these conditions the reference to ‘The Company’ shall mean Columbus Cleaning Machines (North East) Ltd
2. This contract shall be governed by and constructed with the Laws of England
3. Any modifications or alteration of these conditions must be in writing and duly authorised by the Company.

In the event of any conflict or discrepancy between these Conditions and those (if any) stipulated, incorporated or referred to by the purchaser in accepting this estimate or otherwise these Conditions shall prevail except to the extent that they are expressly modified by the Company in writing.