All contracts for the supply of goods by Friendship Estates Ltd shall be subject to the following terms and conditions which any purchaser form the Company may seek to apply to any contract entered into or to be entered into with the Company. In these terms and conditions a person, company or other body or organisation to whom the company has agreed to supply are referred to as “the Customer” and the goods which the Company has agreed to supply are referred to as “the Goods”.
1. Variation in prices
Contracts given by the Company are based upon the cost current at the date of such estimate of any raw materials, production and processing, and may be amended at any time to meet changes in such costs. The Customer will be notified of all amendments as soon as practicable.
2. Delivery, Ownership and Risk
a) Any time or date for delivery given by the Company is an estimate only. The Company will not be liable for any loss or damage arising directly or indirectly out of delay.
b) The Company at all times retains title to all goods supplied until such time as the debt for such goods has been settled in full. Should a debt not be settled in full within the due time the buyer must allow the Company access to the goods for their removal let or hindrance.
c) The Goods shall be at the risk of the Customer upon the giving of a notice by the Company to the Customer that the Goods are available for delivery or upon actual delivery whichever shall first occur.
3. Defects or Non Delivery
a) Any claim against the Company for non-delivery must be made within 7 clear days of receipt by the Customer of the Company’s invoice.
b) The Customer shall inspect the Goods on delivery and shall state upon the delivery note any alleged shortage of or damage to the Goods or any other alleged failure on the part of the Company to carry out its obligation under the contract and if the Customer shall fail to give such notice the Goods shall be deemed to be in all respects in accordance with the contact and the Customer shall be bound to accept and pay for them.
c) If any of the Goods do not comply with any express or implied term of the contract or with any representation made by or on behalf of the Company, the Company may at its option replace the defective Goods free of charge to the Customer or refund all payments made by the Customer for such defective goods and this shall be the limit of the Company’s obligations. The Company hereby excludes all the liability for any loss or damage arising from the use of the Goods and for any consequential loss or damage arising out of such use or any defect in the Goods or for any other loss or damage whatsoever save for at its option liability for such replacements or refund as aforesaid.
d) If delivery is being made in installments a failure on the part of the Company in respect of any one or more installment or installments shall not entitle the Customer to cancel the remainder of the contract.
a) Payment if not made at the time of collection or delivery shall be made by Direct Debit and should be by the 14th of the month following the date of invoice.
b) The Customer shall not be entitled to withhold or defer payment because of a claim, counterclaim or set-off against the Company.
c) The Company reserves the right to demand settlement of account at any time.
5. Default of Customer
If the Customer shall default in or commit a breach of contract or be in breach of any other obligation to the Company or if the Customer ceases to pay its debts as they become due or if a bankruptcy or wind-up petition is presented against the Customer, the Company, without prejudice to any other remedies it may have:
i) Shall be entitled not to proceed further with the supply of Goods under this contract but may charge for all work carried out in the manufacture of such Goods whether completed or not and for all materials purchased for the manufacture of the Goods which charges shall be immediately due payable.
ii) May treat all invoices rendered to the Customer as being immediately due and payable even if any time agreed for payment has not expired.
6. Force Majeure
The Company shall not be liable for its failure to carry out any provision under any contract if it is prevented from so doing because of any reason beyond its control, including but without being limited to the following; act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation of or furtherance of dispute, or owing to any liability to procure materials required for the performance of the contract.
7. Value Added Tax
If Value Added Tax is payable in addition to the amount shown on the contract, it will be stated.
The failure of the Company to enforce at any time all or any term herein contained shall not operate as a waiver of such terms or of any rights contained herein nor shall the Company be thereafter prevented from enforcing each and every term hereof.
9. Returns Policy
You can cancel this order within 7 days after receipt of the goods. Only new, unopened items can be returned after they have been delivered to you. Items should be returned in their original packaging.