1. Terms and Conditions: These terms and conditions form part of every proposal, quotation, offer or contract of sale made by Carterdale Ltd T/A Gloucester Powder Coating Ltd (hereinafter called “GPC” to the purchaser or customer (hereinafter called the “Buyer” and shall not be varied without the express written agreement of GPC. GPC herein includes GPC’s agents or servants, GPC reserves the right, at it’s sole discretion, to change, modify, add or remove portions of these terms and Conditions at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of GPC following the posting of changes will mean you accept and agree to the changes.
2. Prices: All orders are accepted at prices ruling. GPC reserves the right to execute orders at prices ruling at the time of delivery. GPC reserves the right to amend pries to correct errors or omissions. Prices quoted are always on an “ex works” basis and GPC will if requested make a charge to cover the packaging, transportation and insurance on the goods being supplied. All prices quoted are exclusive of VAT, which be added at the prevailing rate.
3: Terms of Payment: Strictly payment prior to collection or delivery by Bank Transfer or Cash. Account Customers are strictly 30 days net monthly unless otherwise stated. GPC reserves the right to withhold or cancel deliveries and to revoke any credit extended to the Buyer for any failure to pay for goods when due under this or any other contract with GPC. The Buyer shall indemnify GPC for any loss caused by reason of such withholding or cancellation of delivery.
4. Validity of Quotation: Quotations valid for 30 days from date given unless otherwise stated.
5. Delivery Dates: All delivery dates quoted are estimated, are not guaranteed and do not form a term of this contract. GPC undertakes to make every endeavour to adhere to the delivery schedule but will not accept cancellation of contract for, or liability for, any direct or indirect losses, which may arise from late delivery. Where an order calls for a number of items, GPC reserves the right to despatch all or any number of items as and when available and the buyer shall pay all invoices of such deliveries in accordance with the terms of payment set out above.
6: Goods Condition: Whilst GPC will take the utmost care of goods entrusted, all work is undertaken at the risk of the customer especially when shot blasting and powder coating older items that may be at risk of metal fatigue and existing damage or previous repairs. This is particularly applicable to aged cast iron and typically includes, old style radiators and guttering etc, although this applies to all types of metalwork. This list is not exhaustive.
7: 19: General Metalwork Condition: Failure to disclose that metalwork that has been pre-treated for example; Zinc Plated or Passivation (and including other forms of treatment) where GPC cannot guarantee the finish and imperfections occur, will not be liable for any additional costs in making good. This also applies where the client has not specified a blasting or priming process on sub standard or aged metal to ensure a satisfactory and lasting finish.
8: Disposal of Goods: GPC reserves the right to dispose of goods if the customer either fails to pay or has part pays [paid] or fails to collect the goods within two months of notification. The balance of any proceeds returned to the customer after deducting all monies due to GPC including storage and interest charges incurred. GPC reserves the right to invoice any shortfall incurred from the sale of goods.
9. Damage or Loss in Transit: GPC accepts no responsibility for damage or loss of goods in transit. Any such damage should be noted on the carriers, paperwork and notified to GPC within three days of receipt and the goods held for inspection to enable a claim to be made on the carrier. If the goods are lost or not received by the Buyer within six days of invoice GPC should be immediately notified.
10. Reservation of Title: GPC reserves title to the goods and the Buyer holds the goods delivered hereunder as Bailee for GPC until the Buyer has:
a] Paid GPC in full for such goods or
b] Resold such goods or articles containing such goods, whichever shall first occur!
As such Bailee the Buyer will store such goods, if unused, separately and so as to be identifiable as the property of GPC and the Buyer will upon request and at the Buyer’s expense separate the goods from any machinery or other articles in which they may be incorporated and re-deliver them to GPC. If the Buyer shall resell the goods or machinery or other articles incorporate such goods to a sun-buyer without having paid GPC the aforesaid, the Buyer shall pay the proceeds of such resale that the Buyer has not so paid GPC, into a separate account in GPC’s name in trust for GPC and pending payment of such proceeds hold the right of enforcing against the sub-buyer in trust for GPC.
11. Representation, Conditions and Warranties: Save as expressly set out herein, GPC shall not be liable for any representation made by or on behalf of GPC and all conditions and warranties expressed or implied, statutory or otherwise are excluded.
12. Warranty and Liability of GPC: GPC shall make every reasonable effort to have repaired or replaced free of charge any goods which are or become defective through fault in workmanship in the painting or blasting (excluding metalwork fatigue and previous damage as described in section 6) thereof provided that such defect occurs within the lesser of 3 months of the date of painting and provided that the Buyer notifies GPC of any such defect immediately it occurs. Save as aforesaid under no circumstances will GPC be liable in contract or otherwise, for any loss, damage, expense or injury whatsoever, consequential or otherwise arising out of or in connection with the supply, installation use of failure of, or defect in, the goods sold hereunder.
13. Events beyond GPC’s Control: If GPC shall be unable to comply with the terms of this contract by reason of:-
a) War, mobilisation, riot, act of terrorism, civil commotion, strike, lockout or other industrial action or other circumstances beyond GPC’s control, or
b] The fact that all or part of the goods ordered by the Buyer hereunder have become obsolete or unobtainable from the manufacturers for any reason whatsoever, GPC shall be entitled, on giving notice to the Buyer to such effect, to be discharged from further performance under this contract, without prejudice to the rights and obligations of GPC and the Buyer existing up to the time of giving such notice.
14. Claims: Save as set out under the condition regarding Damage or Loss in Transit, claims of whatever nature in respect of any goods sold or to be sold hereunder or items owned by the customer must be made in writing within 30 days from receipt of such goods or, in the case of non-delivery, within 30 days from quoted delivery date. Failing such claim, GPC shall not be liable to the Buyer in any circumstances.
15. Return of Goods: No goods may be returned without GPC’s written consent. Where goods are alleged to be defective or not in conformity with the published specification, full details must be given and credit (or replacements) will not be issued until the manufacturer has agreed defects.
16: Indemnity for the Buyer: The Buyer shall indemnify GPC against any claim by any person or corporate body in respect of any loss, injury or damage howsoever caused, arising out of, or in connection with the goods to be supplied after their receipt by the Buyer.
17: Telephone Orders: GPC will accept orders provided the Buyer is able to supply an order reference, has an up to date account with GPC. The Buyer should send within 24 hours of GPC’s acceptance of the telephone order, and order which states clearly “Confirmation of telephone order” GPC’s conditions of sale will apply to all telephone orders. If the order is duplicated as a result of failure to send such written confirmation, the Buyer will accept the duplicated consignment unless otherwise agreed with GPC who may impose a cancellation charge.
18: Legal: This contract shall be governed by British Law and any dispute arising out of it, or in connection with it, shall be justifiable only in the Courts of the Great Britain.
19: Cancellation: Requests by a Buyer for cancellation of order will only be considered by GPC, if made in writing and shall be subject to the written acceptance of GPC whereupon the Buyer shall indemnify GPC against all loss, costs, damages charges and expense arising out of the order and the cancellation thereof. If the Buyer cancels an order, any special order materials will be reimbursed in full together with a minimum 30% cancellation charge.