Terms | Titheringtons

Titheringtons Limited – CONDITIONS OF SALE: The Company is Titheringtons Limited , its subsidiaries and trading styles The Customer means : customer of the Company.

Quotations by the company unless otherwise stated in them shall be open for acceptance within 30 days of the date of the quotation
No contract shall come into existence until the customer’s order ( however given ) is accepted by the earliest of (a) The Company’s written acceptance (b) delivery of the goods and (c) The company’s invoice.
These conditions shall be incorporated in the contract to the exclusion of any terms or conditions stipulated or referred to by the customer.
No variations or amendments of this contract shall be binding on the Company unless confirmed by it in writing.
Unless otherwise agreed the price of the goods will be as appearing in the company’s price list at the date of despatch. The company shall be entitled to amend its price list from time to time without notice.
Unless otherwise agreed the price of the goods excludes the cost of delivery to any destination in the U.K. and is exclusive of VAT.
Unless other payment terms are stipulated in writing by the company which shall then override this clause all invoices are payable without discount of any kind in pounds sterling on a pro-forma basis. In No circumstances shall the customer be entitled to make any deduction or withhold any payment for any reason at all.
Time for payment shall be the essence of the contract. Without prejudice to any other rights of the company if the customer fails to pay the invoice price by the due date he shall pay interest on any overdue amount from the dates on which the payments was due to that on which it is made on a daily basis at a rate of 8% above base rate of the HSBC Bank PLC calculated on a monthly basis. All costs of recovering any outstanding payments and invoices, including Court Fees and Legal Costs, will be charged and be recoverable from the customer, on a full indemnity basis.
Notwithstanding the earlier passing of risk title in the goods shall remain with the Company and shall not pass to the Customer until the amount due under the invoice for them has been paid in full.
Until title passes the Customer shall hold the goods as bailee for the Company and shall store or mark them so that they can at all times be identified as the property of the Company.
The Company shall be entitled at anytime before title passes to repossess and use or sell all or anyof the goods and so to terminate without any liability to the customer the customer’s right to use sell or otherwise deal in them and for that purpose or determining what if any goods are held by the customer and inspecting them to enter any premises of the customer.
The Company shall be entitled to maintain an action for the price of any goods notwithstanding that title in them has not passed to the customer.
The Company shall also be entitled to maintain an action for the goods if passed from customer to final user. This includes direct communication whether by phone or fax or by an appointed representative of the Company.
Goods are delivered to the customer when the Company makes them available to the customer or any agent of the Customer or any carrier at the Company’s premises or other agreed delivery point
Risk in the goods passes when they are delivered to the customer
The Company may at its discretion deliver the goods by instalments in any sequence.
Where the goods are delivered by instalments each instalment shall be deemed to be the subject of a separate contract and no default or failure by the Company in respect of any one or more instalments  shall vitiate the contract in respect of the goods previously delivered or undelivered goods.
The Company may deliver to the Customer and the Customer shall accept in satisfaction of the  contract a lesser number than the number of goods ordered.
Any dates quoted by the Company for the delivery of the goods are approximate only and shall not  form part of the contract and the customer acknowledges that in the performance expected of the Company no regard has been paid to any quoted delivery dates.
If the Customer fails to take delivery of the goods or any part of them on the due date and fails to provide any instructions documents licences consents or authorisations required to enable the goods to be delivered on the due date the company shall be entitled upon receiving written notice to the Customer to store or arrange for the storage of the goods and then risk in the goods shall pass to the Customer delivery shall be deemed to have taken place and the Customer shall pay to the Company all costs and expenses including storage and insurance charges arising from its failure.
The Company shall not be liable for any penalty loss injury damage or expense arising from any delay or failure in delivery or performance from any cause at all nor shall any such delay or failure entitle the customer to refuse to accept any delivery or performance of or repudiate the contract.
Any claim for non-delivery of any goods shall be notified in writing by the Customer to the Company within Seven days of the date of the Company’s invoice.
Any claim that any goods have been delivered damaged or not of the correct quantity or do not comply with their description shall be notified by the Customer to the Company within seven days of delivery.
Any alleged defect should be notified by the Customer to the Company within seven days of the delivery of the goods
Any claim under this condition must be in writing and must contain full details of the claim including the reference numbers of any allegedly defective goods.
The Company shall be afforded reasonable opportunity and facilities to investigate any claims under this condition and the Customer shall if so requested in writing by the Company promptly return any goods the subject of any claim and any packing securely packed and carriage paid to the company for examination.
The Company shall have no liability with regard to any claim in respect of which the Customer has not complied with the provisions of this condition.
Under no circumstances shall the Company have any liability of whatever kind for: any defects arising from wear and tear accident or improper use after delivery or use otherwise than in accordance with the instructions or advice of the Company or the manufacturer of any goods or neglect or from any instructions or materials provided by the Customer; the suitability of any goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the Company; any descriptions, illustrations, specifications, drawings and particulars of dimensions submitted by the Company’ s catalogues price lists or elsewhere since they are merely intended to represent a general idea of the goods and not to form part of the Contract or be treated as representations; any technical information recommendations statements or advice furnished by the Company its servants or agents not given in writing in response to a specific written request from the Customer before the contract is made; or any variations in the quantities or dimensions of any goods or changes of their specification s or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the Goods, and the substituted materials or components are of the quality comparable to those originally specified.
The Customer shall have no right to reject Goods which are not inherently defective if the customer has ordered the Goods and declined the opportunity of first inspecting samples known as proof samples which the company in the ordinary course of its business has available for inspections
If the Customer establishes that any goods have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description the Company shall, at its option, replace with similar goods any Goods which are missing, lost or damaged or do not comply with their description, allow the Customer credit for their invoice value or repair of any damaged Goods. Any goods order by the Customer which are not delivered damaged or defective or do not comply with their description may be returned, at the Company’s option, but will be subject to a handling and restocking charge of a minimum 15% of the invoice value. Under no circumstances is the cost of carriage refundable.
The delivery of any replacement Goods shall be at the Company’s premises or any delivery point specified for the original Goods.
Where the Company is liable in accordance with this condition in respect of only some or part of the Goods the contract shall remain in full force and effect in respect of the other or other parts of the Goods and no set off or other claim shall be made by the Customer against or in respect of such other or other parts of the Goods.
No claim against the Company shall be entertained for any defect arising from any design or specification provided or made by the Customer.
In no circumstances shall the liability of the Company to the Customer under this The Company may sub-contract the performance of the Contract in whole or part.
The contract is between the Company and the Customer as principals and shall not be assignable by  the Customer without express written consent of the Company.
The Company may at its discretion suspend or terminate the supply of any Goods if the Customer fails  to make any payment when and as due or otherwise defaults in any of its obligations under the Contract or becomes insolvent, has a receiver appointed of his business or is compulsory or voluntarily wound up or the Company bonafide believes that any of these events may occur and in case of termination shall be entitled to forfeit any deposit paid
If the goods are manufactured in accordance with any design or specification provided or made by the customer the Customer shall indemnify the Company from and against all claims costs and expenses and liability of any nature in connection with them, including any claim, whether actual or alleged, that the design or specification infringes the rights of any third party
The Contract and its subject matter are confidential and shall not be disclosed or used for any unauthorised purpose.
The Company shall not be liable for any failure in the performance of any of its obligations under the contract caused by factors outside its control
The Contract shall be governed by English Law and the customer consents to the exclusive jurisdiction of the English Courts in all matters regarding the Contract except to the extent that the Company invokes the jurisdiction of the Courts of any other country.
The headings of condition are for convenience of reference only and shall not affect their interpretation.
Any notice to be given under the Contract shall be in writing sent by facsimile transmission or forwarded by first class pre-paid recorded delivery letter post to the receiving party at its business address as last notified in writing to the other party.