TERMS AND CONDITIONS OF SALE
Onduline Building Products Ltd. as agents
Onduline Buildings Products Ltd., act generally as agents only for the manufacturer and mother company O.F.I.C – Onduline S.A., 38 rue St. Ferdinand, Paris and contracts of sale will deemed to have been made between O.F.I.C – Onduline S.A. and the customer. Goods will be supplied by O.F.I.C. (international) – Onduline S.A direct to the customer and will be invoiced by Onduline. In certain circumstances where goods are invoiced by Onduline Building Products Ltd., then that company will be the vendor.
In these conditions the person or company who has placed an order with us is referred to as “the customer” which expression shall include any principle on whose behalf of the person or company placing the order is acting as agent. The customer’s order is accepted subject to these terms of conditions only, which shall override any terms and conditions stipulated by the customer whether referred to or contained in his enquiry or order form or otherwise. The placing of an order with us or with Onduline in France shall be deemed an acceptance of these terms and conditions. No other condition or warranties shall be implied either by common law statue, usage of trade or otherwise and in particular without prejudice to the generality of the foregoing no condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the goods supplied or that they will be suitable for a particular purpose or for use under any specific conditions not withstanding that such purpose or conditions may be known or made know to us.
3. Defective goods.
Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss damage or expenses whatsoever arising directly or indirectly from such defects but such goods if accepted by us as defective will be at the request of the customer, and if practicable, be replaced as originally order, free of charge, provided that the defects are notified to us in writing within 28 days of delivery.
Save as in this paragraph herein before expressed we shall be under no liability in contract tort or otherwise for any personal injury loss or damage of whatsoever kind however caused or for anything done or omitted to be done in connection with the goods or any work in connection therewith.
4. Damage in Transit shortage or loss
No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless in case of damage in transit or shortage of delivery a separate notice in writing is given to the carrier concerned and to us within three days of the receipt of the goods followed by a complete claim in writing within 14 days of receipt of the goods and in the case of loss of goods, notice in writing is given to the carrier concerned and to us and a complete claim made within 14 days of the date of advice of despatch. Where goods are accepted from the carrier concerned without being checked the delivery book of the carrier concerned must be signed “not examined”. Goods damaged in transit must be returned to us at once by the carriers consigned “carriage free damaged in transit”. A clear signature will be deemed to be an acknowledgement of delivery in an acceptable condition.
5. Execution of orders
Any time or date for delivery named by us is an estimate only and we shall not be liable for the consequences of any delay in delivery whether such delays are caused by shortage of labour or materials or by strikes, trade disputes, industrial action, lockouts or accidents, or any cause whatsoever. We shall not accept any cancellation of orders by customers unless the customer undertakes to pay for all labour and materials expended upon the order up to the time of receipt of notice of cancellation.
Prices quoted to customers are based on the market price of materials and rates for labour and transport ruling at the date of quoting. We reserve the right to revise our prices to meet any variation in these market prices and rates. For customers with open and approved accounts payment in net cash at 30 days following delivery or by other agreed terms in writing.
The seller shall be entitled to change interest at base rate plus 5% per mouth upon all overdue balances. The seller shall be entitled to charge interest at base rate plus 5% per month upon the price of any goods which the buyer has failed to take delivery from the date upon which delivery was due and to the date of actual delivery or other disposal of the goods by the seller. The time within which the buyer is to pay for the goods shall be the essence of this contract and in the event that the buyer shall fail to make payment by the due date, all sums due to the seller from the buyer under this or any other contract for the supply of goods, shall forthwith become due and payable to the seller.
All specifications, drawing, particulars of weights and dimensions descriptions and illustrations contained in our catalogues, sales literature and other advertisements matter are intended merely to present a general idea of the goods described therein and none of these shall form part of the contract. All quoted sizes and dimensions of goods are nominal and are subject to variation and tolerance in the course of manufacture. Minor variations in size and dimension shall not entitle the customer to reject the goods or to make any claim against us.
9. Bye-laws and building regulations
It shall be the responsibility of the customer or his architect or engineer to ascertain whether the goods supplied comply with the relevant building regulations or bye-laws in force in the locality in which the goods are to be used. We cannot accept any responsibility for any loss or damage sustained by the customer arising out of any non-compliance of any such regulations or bye-laws.
10. Packing and carriage (Onduline)
Carriage, if applicable, will be quoted on receipt of order. We will endeavour to effect delivery to the site nominated by the customer but we reserve the right to nominate an alternative site of delivery whenever it is not reasonably practicable to effect delivery on the site nominated by the customer. No allowance will be given when goods are collected from the manufacturers works. Customers require exports to sites outside the UK will be responsible for obtaining all necessary import licenses and for payment of any customs charges dock dues or any import duty levied upon the goods. Deliveries to the Republic of Ireland are made C & F Irish port – onward delivery charges, customs clearance etc. will be the responsibility of the customer.
Our sales literature contains full instructions for the installation of goods manufactured by us. We accept no responsibility for damage to goods caused through non- compliance with these instructions or other mis-handling during fixing of goods, and any guarantee is only valid if the Onduline product has been installed precisely in accordance with the company’s instructions.
Risk on the goods passes on delivery but ownership remains with Onduline Building Products Limited unless and until the buyer has paid the complete price. Onduline Building Products Limited reserve the right to recover and re-possess goods and dispense goods as it sees fit in the event of payment not being made pursuant to the terms hereof.
The buyer will be required to take all necessary steps to permit that the delivered goods remain identifiable as being the property of the seller until the price has been completely paid.
The delivery of bills of exchange or any other negotiable instrument by the buyer to the seller does not constitute a payment. In case of seizure of the goods by a third party the buyer will be required to inform the seller immediately.
In spite of the Retention of Ownership Clause, all goods will be at the buyers risk from the time the goods are delivered as per the buyer’s instructions. The Buyer will have to insure the goods.