Yewdale Bridge Standard Terms and Conditions
1. Yewdale Bridge (‘the Company’) has agreed to accept your order for the supply of goods and/or services subject to these standard terms and conditions and the Company intends to rely upon these standard terms and conditions. To protect your own interests please read the conditions carefully. If you are uncertain as to your rights under them or if you require any changes, please make sure you ask for these to be put in writing. In that way, we can avoid any problems surrounding what the Company and you may expect.
2. The Goods/Services to be Supplied
2.1. The goods and/or services to be supplied by the Company to you are these set out in the Company’s literature and price lists.
2.2. If you for any reason beyond the Company’s reasonable control, the Company is unable to supply a particular item ordered, the Company will notify you. With your agreement the company will replace it with an item of equal standard and value.
2.3. The Company reserves the right to change the specification of the products to be supplied to you if it is necessary to comply with health and safety requirements or other changes in legislation so long as the changes do not materially affect the performance of the products supplied.
2.4. If in the opinion of the Company it is not reasonably practicable for any reason to carry out any of the work it is instructed to carry out it shall be entitled to refrain from carrying out or completing such work and will consult with you as to what if any work is to be undertaken. The Company will, if requested by you, provide a written explanation as to why any work is not considered to be reasonably practicable.
3. The Price
3.1. The price for the goods and/or services which the Company will supply to you is Confirmed Price which has been stated to you. If you have only been given a
provisional price you will be entitled to withdraw from this agreement if there is a price increase which you consider excessive.
3.2. If the cost to the Company of carrying out the work is subsequently increased by reason of increases in cost of materials and/or labour and/or any other factor
outside the control of the Company shall notify you before undertaking any work to which the increase will apply and you may require the Company to discontinue the work and shall pay the Company only for the work already carried out.
3.3. Any additional work requested which is not specified in writing within this contract will only be carried out if a new contract is entered into the Company.
4. Delivery/Installation Dates
4.1. Delivery of any goods ordered and/or the supply of any services by the Company to you will be on a date notified to you by the Company. If this date is not suitable you should contact the Company as soon as is reasonably possible to arrange an alternative date.
4.2. The Company will do all that is reasonably can to meet the date given for delivery and/or installation. In the case of unforeseen circumstances, beyond the reasonable control of the Company, the Company will contact you and agree an alternative date.
4.3. As soon as we have delivered the goods or services, you will be responsible for them. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the Agreement.
4.4. You are asked to examine the goods supplied as soon as reasonably possible after delivery and notify the Company of any damage as soon as reasonably possible.
5. Time for Payment
5.1. You are to pay us in cash or otherwise in cleared funds before we begin to manufacture, unless you have an approved credit account.
5.2. If you have an approved credit account, payment is due no later than the 20th day of the month following the month of our invoice unless otherwise agreed in
writing.
5.3. Prompt settlement discounts are conditional upon receipt of cleared funds within the applicable time for payment. The offer of a discount may be withdrawn at any time.
5.4. Goods remain our property until paid for.
5.5. Failure to pay any balance outstanding by the due date will entitle the Company to charge interest on that balance at the rate of 3% above Barclays Bank base rate.
6. Our Liability to You
6.1. Materials and goods supplied under this Agreement will be of satisfactory quality and fit for their normal purpose.
6.2. In the absence of any negligence or breach of duty by the Company, we will not accept any responsibility for any injury loss or damage caused or contributed or attributable to any Kestrel product in circumstances where that Kestrel product has not been installed or fitted by a person trained by and with current accreditation from the Company at the date of the installation or fitting and/or where the Kestrel product is being or has been used as a component element of any system or apparatus which has not been manufactured or approved by the Company and/or where the Kestrel product is not being used in accordance with the published dimensions or specifications for that product.
6.3. If either you or we are in breach of the arrangements under this Agreement, neither of us will be responsible for any losses that the other suffers as a result, except those losses which are a foreseeable consequence of breach.
6.4. The Company shall not be liable for any damage or injury caused by its goods and workmanship, beyond replacement of the goods or work on verification of the buyer’s complaint. The liability of the Company shall not exceed the net invoiced value of the goods nor shall it include consequential damage unless specifically agreed in writing. The Company shall not be liable for any consequential loss caused by any failure or delay in servicing, repairing or supplying goods or equipment howsoever caused, whether the loss arises from the actions or omissions of the Company.
7. Cancellation
7.1. You cannot cancel an order unless you pay any losses and costs we suffer because of the cancellation. If we cancel the Agreement, we must pay you any
losses you suffer because of the cancellation.
7.2. If you cancel this agreement otherwise than in accordance with these provisions, the Company may be entitled to claim damages in accordance with the general rules of English law.
7.3 Re-stocking charge is 25% of the value of goods. This is applied when goods are returned by choice of customer in original condition/packaging (made to measure products are non returnable). Returns are only accepted within 28 days of delivery.
8. Relevant Law
8.1. Relevant United Kingdom law will apply to this agreement and the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this agreement.
