Conditions of Sale

Quotations are made and all orders are accepted subject to the following Conditions of Sale and all other conditions are excluded. No representatives or agents of Express Reinforcements Limited (hereinafter referred to as the Company) is vested with authority to vary the said Conditions of Sale and any such variations shall be void unless supported by a written authorisation signed by a director of the Company.

1. Deliveries

Orders are accepted subject to the availability of materials when required. Whilst every endeavour will be made to effect delivery by the date specified no responsibility, liability or claim will be accepted for the failure to do so.

2. Variation of Price

Any prices quoted are subject to alteration without prior notice. If there should between the date of any quotation and the date of delivery be any variation in the cost of labour and or materials, and if there should be any levy duty or tax imposed as a result of any statutory enactment or any order or regulation made thereunder.

3. Cancellation of Order

The Purchaser may not cancel any order without the consent in writing of the Company which consent will only be given against a written undertaking by the Purchaser to the Company the cost of all work carried out by the Company up to the date of cancellation of the order including the preparation of schedules and or drawings connected therewith.

4. Payment

Subject to the provisions of condition 4(c) below, the Purchaser shall pay to the Company the amount stated on any invoice by not later than the end of the month following the month when goods in respect of which such invoice has been issued were delivered. Such payments shall be made in full subject only to the deduction of any agreed percentage discount for payment within an aforementioned period. No further material will be delivered if at any time there are outstanding invoices in respect of which payment is due and has not been made.

  1. No deduction or set off shall be made by the Purchaser against monies otherwise due to the Company. Should such deduction or set off be made by the Purchaser, the Company shall be entitled forthwith to treat the contract for the sale of materials to the Purchaser as determined by breach and to be paid by the Purchaser a sum representing the Company’s loss of profit on the unperformed portion of the contract.
  2. Should the Purchaser fail to make any payment to the Company within the period stated in sub-clause (a) above, without prejudice to any other right or remedy available to the Company the Company shall be entitled:
    1. to charge interest on such unpaid amount for the period from the due date for such payment until such date as payment is made in full of such amount (whether before or after any judgement has been obtained) at the rate of fifteen per cent (15%) per annum above Barclays Bank base rate from time to time or (if applicable) to claim interest and compensation in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, whichever the Company in its absolute discretion decides and such interest shall accrue on a daily basis;
    2. to cancel any order or suspend further deliveries to the Purchaser, without any liability whatsoever to the Purchaser in connection with such cancellation or suspension.
  3. The Purchaser shall promptly notify the Company in writing if any payment due hereunder is disputed by the Purchaser, advising the amount disputed and the reason for the dispute, in which event any part not disputed shall remain payable on the due date. Upon resolution of such dispute, the Purchaser shall pay immediately any part of the disputed amount which is resolved if the original due date for payment thereof has passed, together with interest thereon calculated in accordance with (b) above for the period from the original due date for payment until the full actual payment date.
  4. If at any time the Company has any concern regarding the Purchaser’s financial circumstances or the Purchaser’s ability to pay or the Company considers that the Purchaser’s creditworthiness has deteriorated, the Company shall be entitled without any liability whatsoever to the Purchaser:
    1. to suspend any deliveries; and/or
    2. to cancel any order; and/or
    3. to demand security for payment or payment guarantee or payment in full or in part of the price before continuing with any order of delivery.
  5. The Company reserves the right to alter or withdraw at any time any credit allowed to the Purchaser.
  6. The Purchaser shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.

5. Warranties

Save that the goods or materials agreed to be sold are warranted to comply with the British Standards Specifications stated on the face of any order given by the Purchaser to the Company any condition, warranty, item, statement or representation whatsoever whether expressed or implied by reason of statue or Common Law or otherwise as to the quality or fitness for purpose of the goods or materials is hereby excluded. If the whole or any part of the goods or materials aforesaid fails to accord with the said British Standard Specification the Company’s liability will be restricted to the free replacement thereof and the Company shall not be liable to the Purchaser for any other loss or damage.

6. Loss or Damage

If the Purchaser shall seek to allege that the full quantity of materials have not been delivered or that such materials were damaged at the time of receipt then he shall inform the Company of such allegations within seven days of the time that the materials are received by him. Such notification shall be a condition precedent to the acceptance of liability by the Company in respect of any non-delivery of or damage to materials. The liability of the Company in respect of damage to materials prior to receipt by the Purchaser shall be restricted to the rectification of such damage or replacement of materials and in respect of materials to the supply of such materials within seven days of notification of the original failure to supply such materials.

7. Delivery

  1. Delivery of the materials shall be deemed to have effected when the vehicle carrying the materials arrives at a point upon a metalled road having good surface nearest to the point of delivery specified in the Contract of Sale.
  2. The Purchaser shall be responsible for unloading the materials.

8. Property in Goods or Materials

  1. The property in the Contract Goods shall remain with the Company until such time as monies due to the Company whether under this Contract or any other Contract made between the Purchaser and the Company have been paid to the Company, notwithstanding that the Purchaser store the Contract Goods in such a way that they are clearly the Company’s property and shall allow the Company all necessary access to the Purchaser’s premises in order that the Company may enforce its right hereunder.
  2. In the event the Contract Goods are resold, otherwise disposed of whether in whole or in part (including, but not limited to, the incorporation of the Contract Goods in other goods or objects, or are otherwise used in making another object) by the Purchaser before the property therein passed to the Purchaser pursuant to Conditions-8 (a) hereof, it is agreed that the Purchaser shall hold in trust for the Company all rights of the Purchaser acquired pursuant to all or any contracts by which the Contract Goods or any part of the same are resold or otherwise disposed of as foresaid, including but not limited to any monies or other consideration received thereunder by the Purchaser, its servants or agents.

9. Rejection

The Purchaser shall not allege that the materials are not in conformity with the contract of sale on the ground if they are only covered with a film or mill scale or rust.

10. Definitions

  1. "The Contract of Sale" shall be the contract which results from the acceptance by the Company of any offer made by any person in response to any quotation given by the Company, which quotation shall be an invitation to treat.
  2. "The Purchaser" shall be the person making the offer referred to in sub-clause (a) above.

11. Instructions

The Purchaser shall furnish to the Company not less than 14 days before the time specified in the contract of sale for delivery of materials all instructions and information necessary to enable the Company to fulfil their obligations thereunder. Should the Purchaser fail to provide the Company with such instructions and information within the said period then the time stated in the contract of sale for delivery shall be deemed to be extended by a period equal to the delay in the provision thereof.