1 CONDITIONS OF CONTRACT IN THESE CONDITIONS
The Company means D. W. ARUNDELL & COMPANY LIMITED
The Customer means the party to whom the Goods or Services are to be supplied hereunder The Contract means the Contract in which these conditions are incorporated
The Goods means the Goods which are the subject of the contract
The Services means the Services which are the subject of the Contract
2 ACCEPTANCE OF ORDER
a) The Company’s estimate is an invitation to treat and not a contractual offer. No order placed by the customer shall be binding upon the Company unless and until accepted in writing or by delivery of the whole or part of the Goods ordered.
b) The Company reserves the right to correct any typing or clerical and other bona fide error whatsoever appearing herein or on the estimate or in any written acceptance of any order placed by the customer.
Dates quoted by the Company for delivery of the Goods or commencement of the Services are the Company’s best estimate but all such dates are to be treated as estimates only not involving any contractual obligation and are subject to the Company not being delayed by instructions from the Customer or by any other cause whatsoever beyond the control of the Company.
a) In the event of any alteration or specification or size of quantity in respect of the details set out in the estimate being required by the Customer and accepted by the Company, the Company shall be entitled to make an adjustment of the price to take account of such
b) Where the Company has manufactured the Goods in preparation for a delivery date agreed to by the parties, if the Customer requires a deferred delivery date to which the Company agrees and either the Company is required to store the goods at its premises, or to deliver the Goods to the site at the risk of the Customer as hereinafter provided, the Customer shall be invoiced for the goods at delivery date and shall be invoiced for the balance when the Contract has been completed.
5 TERMS OF PAYMENT
a) Neither disputes arising under the Contract nor factors outside the control of the Customer shall entitle the Customer to delay payment in full or in
b) In the event of default in payment by the Customer the Company shall be entitled without prejudice to any other of its rights or remedies to suspend all further deliveries without notice and to charge interest on any amount overdue at the rate of 2% per month.
6 CUSTOMER MANUFACTURING DESCRIPTIONS
Contracts for Goods ordered to the specification of the Customer cannot be cancelled and the return of the Goods to the Company cannot be negotiated.
7 SITE PREPARATION
a) The Customer shall give the Company sufficient notice in writing that the site is ready for work on the Services to be commenced subject always to other scheduled commitments of the Company.
b) If either
(i) The Company shall be called to the site and the site shall not be ready for the Services to be commenced, or
(ii) If while the Company is on site the Services are delayed by any cause outside the control of the Company. Then in either case the Customer shall reimburse the Company at the appropriate chargeable rate in respect of the labour and transportation costs thereby wasted.
(iii) No allowance has been made for moving of equipment/furniture. This could be undertaken at an extra cost, but we cannot take any responsibility for any damages that may be incurred during removal.
(iv) No allowance has been made for sub floor preparation unless stated.
(v) The positions of any concealed services are to be brought to the attention of the Company.
(i) The guarantee set out below applies to equipment of our manufacture or carpets and/or floor coverings fitted by the We undertake to repair or replace free of charge any such piece of equipment or part thereof used under normal conditions for when the unit was designed, which is found to be faulty in either materials or workmanship within twelve calendar months. The Company shall not be liable to any secondary costs, unless previously agreed in writing by the Company.
Where Goods only are supplied, the Goods shall be returned to the Company’s premises at the Customers expense. Our responsibility under this clause shall cease if:
(a) The Customer has not paid in full invoices for Goods supplied to us within the time stipulated by these
(b) Our representatives are denied full and free right of access to the Goods during normal working hours.
(c) The Customer permits persons other than our employees or agents or those approved or authorised by us to effect any replacement of parts, maintenance, adjustments or repairs to the
(d) The Customer has not properly maintained the Goods.
(e) The Customer uses any spare parts or replacements not manufactured by or on behalf of us, and supplied by us.
(f) In the case of any part of the Goods not of the Company’s manufacture then the Customer shall be entitled to only such benefits as the Company may receive under any guarantee given to the Company in respect thereof.
(g) When required the Customer shall provide tower, scaffold, gantries etc. where necessary at no cost to the Company.
(h) Should the Company’s Representative be required to attend the Customer’s premises to effect remedial work under guarantee and it is found that the fault is not with the Company’s Goods or that no problem exists then the Company reserves the right to charge for such call
The Company shall not be under any liability to the Customer or any other party for any delay, loss or damage caused wholly or in part by any act, matter or thing beyond its control including failure by the Customer to carry out its obligations under this Contract.