Terms and Conditions of Sale
The following are our terms and conditions of sale.
- The "Buyer" means the company or person who buys or agrees to buy Goods from the Seller.
- The "Seller" means York Survey Supply Centre Ltd. A company trading in the United Kingdom and operating under English Law.
- "Conditions" means the Conditions of Sales set out in this document and any Special Conditions agreed in writing by the Seller.
- These conditions shall apply to all Contracts and Orders for the sale of Goods by the Seller to the Buyer to the exclusion of all other Terms and Conditions including any which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
- No variation or addition to these Conditions shall be effective unless agreed in writing by the Seller.
- No contract for the sale of Goods shall arise until the seller dispatches the Goods to the Buyer.
- Acceptance of delivery of Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
- Nothing in these Conditions shall affect the statutory rights of any consumer more than the law permits.
- The Price shall be that on the Seller's current Price List (or if applicable the price contained in the Seller's Quotation).
- The Seller reserves the right to revise prices prior to despatch of Goods to reflect any direct or indirect increase in costs to the Seller but if the price has been paid in full prior to despatch no price revision may take place without the prior written agreement of the Buyer.
- All prices are exclusive of VAT, which shall be paid in addition if applicable according to legal requirements.
- Payment must be made in full before the delivery of any Goods except where the Buyer has an agreed credit account.
- If any act or proceedings shall be commenced in which the Buyer's solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
4. Interest on Overdue Invoices & Returned Payments
- Interest on overdue invoices & returned payments shall accrue from the date when payment becomes due from day to day until the date of payment at 2.5% over Barclays Bank base rate per calendar month both before and after any judgement.
- All invoices shall be paid in full, free from any deduction for any set-off, counterclaim or otherwise howsoever.
- Any returned payments will be subject to an administrative charge of £20.00 per return.
5. Warranty and Liability
- The Buyer must satisfy themselves as to the suitability of the products for their intended use.
- Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977, Section 12) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, Common Law or otherwise are excluded and the Buyer warrants that the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
- The Seller will accept no liability for any loss or damage however caused, resulting from the use of the products, whether for injury, profit or data loss.
- We continue to develop and improve our products constantly and reserve the right to alter designs without notice.
- Whilst every reasonable effort shall be made to keep to any delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any other person or Company arising directly or indirectly out of any failure to meet any estimated delivery date.
- Unless otherwise agreed the Seller may deliver by installments and in such case each installment shall be treated as a separate Contract and any delay, default or non-delivery in respect of any installment by the Seller shall not entitle the Buyer to cancel the remainder of the Contract.
- Failure by the Buyer to pay for any installment or delivery when due shall entitle the Seller to withhold further deliveries and the Buyer shall be liable for any costs incurred by the Seller relating to such Goods which the Seller is then entitled to withhold.
- Delivery of the Goods shall be made to the Buyer's address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7. Ownership and Risk
- The risk in Goods shall pass to the Buyer upon delivery of the Goods or upon the Goods being appropriated to the Buyer but kept at the Seller's premises at the Buyer's request.
- The Seller remains the owner of the Goods affected by the Contract until the Seller has been paid in full for such Goods.
- If any payment due under these Conditions is overdue in whole or in part, the Seller may without prejudice to any of its other rights recover and/or re-sell the Goods or any of them and may enter on the Buyer's premises by its servants or agents to recover the Goods and the Buyer shall be liable for all Seller's costs in doing so.
- If the Buyer is a consumer and properly rejects any of the Goods which are not in accordance with the Contract, the Buyer shall nonetheless pay the full price for such Goods unless the Buyer promptly gives notice of rejection to the Seller and at the Buyer's costs return such goods to the Seller in good condition.
- In the case of any other sale the Buyer shall inspect the goods immediately upon delivery and shall notify the Seller within five days of delivery if the Goods are damaged or do not comply with the Contract.
- Any Goods in respect of which any claim of defect or damage is made shall be preserved by the Buyer intact together with the original packing and the Buyer's risk and either,
- Retained by the Buyer for a reasonable period to enable the Seller or its agent to inspect or collect the Goods or
- At the Seller's option returned by the Buyer to the Seller who will refund the cost of postage and packing to the Buyer if the Goods are in fact defective.
8. Cancellation Returns
- No Contract shall be cancelled nor shall any Goods which are in accordance with the Contract be returned without the prior written approval of the Seller and on terms to be determined at the absolute discretion of the Seller.
- Unless the Seller at its discretion decides otherwise, if the Seller agrees to accept the return of any such Goods then,
- A Goods Return No. obtained from the Seller must be clearly shown on the returning parcels
- The Buyer will be liable for the cost of remedying any damage to the Goods returned where such damage has, in the opinion of the Seller, been caused by the goods being inadequately packaged by the Buyer or through the Buyer's fault
- The Seller reserves the right to make a handling and restocking charge of 25% on Goods which are returned if they were ordered in error or are no longer required.
9. Force Majeure
- The Seller will not be under any liability whatsoever in the event that the Seller is prevented or delayed from supplying or making delivery of any Goods for any reason or cause beyond the Seller's control.
10. No Waiver
- The Seller's failure to insist upon strict performance of any provision of these Conditions shall not be deemed to be a waiver of its rights or remedies in respect of any present or future default of the Buyer in performance or compliance with any of these conditions.
- Except as may be implied by law where the Buyer is dealing as a consumer, in the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damages.
Company Registration Number: 4865649
These Conditions shall be construed in accordance with English Law.
Terms and Conditions of Hire
The following are our terms and conditions of hire.
- The Equipment let out on hire always remains the property of York Survey Supply Centre. (Hereinafter referred to as the Owner) and the Hirer will not sell or hire out or lend unless by arrangement with the owner.
- The Hire shall completely indemnify the Owner in respect of all claims by any person whatsoever for injury to persons and/or damage to property caused by or in connection with, or arising out of the use of the Equipment, and in respect of all costs and charges in connection therewith, whether arising under common or statute law.
- During the continuance of this Agreement, the Hirer will keep the said equipment in good condition and repair and in the case of the damage or loss by fire or otherwise will indemnify the Owner from all loss of and damage to the equipment.
- The Equipment is to be collected by the Hirer from the Owner’s business premises and returned to the same address on the completion of the hire. Hire commences at time of collection and is deemed to continue until the Equipment is received back by the Owner. No allowance will be made for inclement weather or any other reason whatsoever beyond the Owner’s control.
- When Equipment is delivered by the Owner in the absence of the Hirer or his representative, the Hire Document shall be forwarded to the Hirer’s address and deemed to be conclusive proof of delivery of the Equipment listed thereon in good clean working order.
- The Hirer shall not misuse the Equipment. Equipment must be returned in the same condition as supplied (except for fair wear and tear), otherwise a charge for cleaning, reconditioning, renewing or replacing, will be made as considered necessary by the Owner.
- In the event of any Equipment becoming defective, faulty or stolen, the Hirer must immediately communicate with the Owner who will make every reasonable endeavour to rectify the defect or to supply replacement Equipment.
- All equipment not returned, for reason of theft, damage, loss or any other cause, will be charged at the Owner’s Standard Selling Price. Hire charges will not be taken into account in calculating amounts due under this clause.
- Charges are due on presentation of our invoice, and in the event of non-payment, the hiring may be determined forthwith by the Owner giving the Hirer notice in writing without prejudice to any amounts which may have become due to the Owner, and upon such determination the Hirer shall assist the Owner to resume possession of the Owner’s Equipment.
- In the event of cancelled forward bookings, the full hire charges are still payable if the same equipment cannot be hired to another customer for the same period. In any event 20 per cent of the hire charges will still be payable.
- Not less than 24 hours notice must be given to the Owner if the Hirer wishes the Equipment to be collected. When Equipment is collected by the Owner a ‘Collection Ticket’ will be issued, but this shall be conclusive only as to quantify and not as to condition. When Equipment out on hire is to be collected from its location by the Owner, on the instructions of the Hirer, the Hirer remains responsible for the safekeeping of the Equipment until collection is effected.
- In the event of Equipment not being available for collection by the Owner when the Hirer has specified a collection time a charge will be made for the wasted journey.
- Although every effort is made to supply all Equipment at the time requested, no liability or responsibility can be accepted in respect of late or non delivery, mechanical breakdown, or other circumstances beyond our control.
- The Hirer during the continuance of the hiring shall not sell or offer for sale, assign, pledge, underlet or lend the said equipment to any other person and shall not create any lien on the equipment to any other person. The equipment is to be used in the UK only unless by special arrangement with the Owners.
- Although every possible precaution has been taken to ensure that the equipment is in good serviceable condition no liability whatsoever can be accepted by the Owners for the consequences of any failure or inaccuracies of the equipment. The Hirer is expected to satisfy himself that the equipment is functional before attempting to use it on site.
- If the Hirer shall make default in any payment or a Receiving order in Bankruptcy be made against them or if they shall call a meeting of their creditors or shall execute an assignment for the benefit of or compound with their creditors or if any execution of distress order shall be issued against the Hirer or if the Hirer being a Limited Company should call a meeting of its creditors or should such Company be wound up compulsorily or go into voluntary liquidation or have a Receiver appointed then the Owner shall forthwith have the right to take possession of the Equipment and shall be entitled to recover from the Hirer all arrears of rental and expenditure and any damages due in respect of any breach of this undertaking.
- Hire periods: 1 day = 24 hours; 1 week = 7 days; Hire periods over 1 week will be charged at 1/5th of the weekly rate per day.
- The Owner retains the right of access to any location where the equipment may be, for the purpose of repossessing any Equipment, should the Hirer contravene any of these conditions. Charges arising out of repossession will be made as considered necessary by the Owner.
Company Registration Number: 4865649
These Conditions shall be construed in accordance with English Law.