General
All quotations are provided and all orders are accepted subject to the following terms and conditions and no addition thereto or variation shall be made or shall apply unless agreed in writing by us (“UKS Ltd”) to you.
Validity
These Conditions shall come into force on our acceptance of your order and shall apply also to subsequent orders from you accepted by us unless excluded by specific written reference by us to you. All quotations are based on current prices and are subject to acceptance within 30 days from the date of quotation. Otherwise, all prices are subject to alteration in accordance with prices ruling at the date of dispatch. Whilst we will endeavour to maintain promises of delivery made by us, we cannot be held responsible for later delivery due to circumstances beyond our control.
Catalogue prices
Catalogue prices are liable to fluctuation and are subject to alteration without notice.
Packing
Unless otherwise specified in our quotation, all packing cases, skids, drums and other packing materials must be returned to our works at your expense and in good condition within one month from date of receipt. If not so returned, they will be charged for.
Drawings, etc.
All specifications, drawings and particulars of weight and dimensions submitted with our tender are approximate only, and the descriptions and illustrations contained in our catalogues, price lists and other advertisement matter are intended merely to present a general idea of the goods described therein and none of these shall form part of the contract. After acceptance of our quotation, a set of certified outline drawings will be supplied free of charge on request.
Orders
Written confirmation of telephoned orders should be clearly marked as such; otherwise we cannot be responsible should the order be duplicated. We reserve the right to refuse to accept an order. No cancellation of an order will be carried out unless it is in writing and accepted by our company.
Risk & ownership of goods
Risk in goods shall pass to the customer upon delivery at the relevant delivery address. Notwithstanding the passing of risk in those goods upon such delivery, property in those goods shall not pass to the Customer until payment in full has been made of the purchase price for those goods (including for the purpose of these conditions any delivery or insurance charges). Where such goods form part of one larger order for goods no part payment made by the Customer in respect of such order shall be treated as satisfying the whole of the purchase price for any item or items of the goods comprised in such order unless such payment is specifically appropriated in writing by the Customer to the outstanding price for such item or items.
Until payment is received in full for the purchase price of goods as stipulated in these conditions, the Customer will make arrangements at its own expense for the safe storage and labelling of such goods in such a way that they are clearly shown to be the Company’s (“UKS Ltd”) property and will permit the Company’s representatives to have access to the premises where such goods are stored for the purpose of ensuring that the requirements of this condition are being observed.
Until such time as payment in full of the purchase price for goods as stipulated in these conditions has been made, the Customer hereby grants the Company access for this purpose to the premises where the goods in question are stored. If the customer shall purport to dispose of goods before property therein shall have passed to the Customer, the Customer shall be under a fiduciary duty to the Company to hold any proceeds realised in trust for the Company apart from any monies held by it in any other capacity in a separate bank account and (notwithstanding any provisions in these conditions relating to payment of the purchase price) forthwith to pay from such account such sum as shall satisfy the purchase price for the goods in question. The Customer will if so required by the Company assign to the Company or its nominee all rights that the Customer has against any third party in respect of any such purported disposal of goods and hereby authorises the Company in its name and on its behalf to collect and to receive payment of any such proceeds and to satisfy out of such proceeds the said purchase price and to pay over the balance to the customer or as it may direct.
Claims for non-delivery, shortage, or damage
Signature of a delivery note by or on behalf of the Customer constitutes acceptance that the Goods have been delivered complete, in good order and in conformity with the Contract, except: (i) where the carriers delivery note is endorsed to the contrary, or
(ii) in respect of missing items, defects or non-conformity with the contract not capable of discovery on reasonable inspection (when the same must be notified to UKS Ltd in writing within 2 working days of delivery (time being of the essence), which the Customer agrees to be a reasonable period given the nature and type of Goods supplied).
Any claims or complaints as to defects and delays on the delivery of the products must be submitted by you to us immediately.
Returns
Goods correctly supplied may not be returned without our agreement. Unless we issue written authority, no return of goods will affect your liability hereunder. Such authority will not be given unless you make a written request; quoting the reference number on despatched carriage paid otherwise they cannot be accepted. Under certain conditions, a restocking charge may be made.
Credit accounts
Credit accounts may be opened for purchasers who furnish two satisfactory trade references and a bank reference. We reserve the right to refuse to grant credit to any purchaser at any time.
Damages
We cannot be held responsible for damages to persons or property, consequential loss including loss of product, loss of profit, loss of goods in store or the like which might arise out of defects and delays in deliveries of the products sold, irrespective of the cause, including faulty manufacture.
Disputes
Any disputes or differences arising between us as to the interpretation of this contract or to any matter arising out of or under it shall be resolved according to English Law and subject to the exclusive jurisdiction of the English Courts.
