Terms & Conditions
1. Definitions
Buyer the person who buys or agrees to buy the goods from the Seller.
Seller means ADI Scaffold Products Ltd of Brierley Hill, address as per header.
Goods the articles which the Buyer agrees to buy from the Seller.
Price the price for the Goods, including VAT and any carriage, packaging and insurance costs.
Conditions the terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by the Seller.
2. Conditions
2.1 These Conditions shall form the basis of the contract between the Seller and the Buyer in relation to the sale of Goods, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods from the Seller pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 These Conditions may not be varied except by the written agreement of an officer of the Seller.
2.5 These Conditions represent the whole of the agreement between the Seller and the Buyer. They supersede any other conditions previously issued.
3. Price
3.1 The Price shall be the price quoted on the Seller’s confirmation of order. The Price includes VAT which shall be due at the rate in force on the date of the Seller’s invoice.
4. Payment and Interest
4.1 Payment is due immediately for all WEB based orders.
5. Goods
5.1 The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
6. Warranties
6.1 The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller in the confirmation of order.[Except where the Buyer is dealing as a consumer (as defined in section 12 of the Unfair Contract Terms Act 1977), all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods are excluded].
7. Delivery of the Goods
7.1 Delivery of the Goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by the Seller for delivery.
7.2 The Seller undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.
7.3 The Seller shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer undertakes not to reject the Goods but to accept the Goods delivered as part performance of the contract.
7.4 If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, the Seller shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.
8. Acceptance of the Goods
8.1 The Buyer shall be deemed to have accepted the Goods [48 hours] after delivery to the Buyer.
8.2 The Buyer shall carry out a thorough inspection of the Goods within [48 hours] of delivery and shall give written notification to the Seller within 14 working days of delivery of the Goods of any defects which a reasonable examination would have revealed.
8.3 Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
9. Title and risk
9.1 Risk shall pass on delivery of the Goods to the Buyer’s address.
10. Carriage of Goods
10.1 Carriage will be chargeable on all sales under £150.00. This amount varies according to weight & destination address, details available on request.
10.2 The Seller reserves the right to charge a reasonable fee to cover administrative costs for unfounded or excessive 'Proof of Delivery' requests.