Floor Fitting Terms Of Sale

INTERPRETATION
In these conditions and purchase order overleaf, “The company” means Prescott Fairchild Ltd.
“Customer” means the goods or any term described overleaf. “Purchase Order” means the purchase order overleaf.
“Contract” means the contract for sale by the company to the customer Of the Goods constituted by these terms and including the
purchase order.

⦁ The Goods are sold by the company to the customer on the terms contained in the sales of Goods Act 1979 except as Expressly varied by the Purchase order and/or by these terms.

⦁ No change may be made to the contracts unless agreed in writing by the company.

⦁ The Company may make any changes in the specification of the Goods which are required to conform with any relevant safety or other statutory requirements or which do not materially affect their quality or performance.

⦁ If any Contract is cancelled by the customer prior to delivery the Customer will be liable to pay to the Company up to 50% of the price of the Goods to cover expenses incurred and this will be deducted from any deposit or advanced payment paid by the Customer. The Contract cannot be cancelled by the Customer after delivery.

⦁ The Company may cancel the Contract at any time before it notifies the Customer at any time before it notifies the Customer that the Goods are ready for delivery / collection if it unable to fulfil the Purchase Order due to any cause beyond its reasonable control. In this event, the Company’s only liability is to refund any deposit or advance payment paid customer.

⦁ The terms of payment are set out in the Purchase Order. Time is of essence for payment. Receipts for payment will be issued.

⦁ The Company will notify the Customer once the Goods are ready for collection/delivery as the case may be.

⦁ Any dates quoted for delivery/collection of the Goods are approximate only. The Company will use its best endeavours to Meet any delivery/collection dates quoted, however it shall not be liable for any delay or failure to meet the delivery/collection dates quoted for reasons beyond the Company’s reasonable control. The Goods may be delivered to the Company in advance of the quoted Delivery date upon given reasonable notice to Customer.

⦁ If the Goods are to be delivered in instalments, the preceding two paragraphs apply to each instalment. Failure by the Company to deliver any one more of the instalments in accordance with these terms does not entitle the Customer to repudiate the whole Contract.

⦁ If the Customer fails to take delivery of Goods within four weeks after being notified that they are available for collection or, if appropriate, at the time agreed for delivery, then the full purchase price of the Goods will become payable immediately.

⦁ Property in the Goods shall pass the Customer when the Company received in cash or cleared funds payment in full for the Goods.

⦁ Until property and the Goods passes to the Customer, (a)
the Customer holds the goods as the Company’s bailee and must keep the Goods properly stored, protected and insured, and (b) the Company may at any time require the Customer to deliver up the Goods to the Company.

⦁ The Company’s liability for the defect or failure or for any shortage in Goods delivered, or any loss, injury or damage which the Customer may suffer directly or indirectly as a consequence (other than in respect of death or personal injury) is limited to replace the Goods(or part in question) free of charge, or to repair defects or failure, or to refund to the Customer the price of the Goods (or proportionate part of the price.)

⦁ The Company accepts no liability for any delay in performing or any failure to perform, any of its obligations in relation to the Goods, if the reason for the delay or failure was beyond the company’s control.

⦁ If the Customer becomes bankrupt or insolvent the Company may, without prejudice to any right or remedy available to it, cancel the contract or suspend any further performance deliveries under it without any liability to the Customer, if the Goods have been delivered but payment in full has not been made, the balance due shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

⦁ The Company may at its discretion procure the performance of any of its obligations or the exercise of any of its rights under the Contract by or through any subcontractor, where appropriate.

⦁ Any notice required or permitted to be given by either party to the other under the Contract must be in writing addressed to the other party at the address set out on the overleaf (in the case of the Customer) or at the registered office at which the Purchase Order is placed (in the case of the company) or such other address as either third party may at the relevant time have notified in writing to other.

⦁ No waiver by the Company of any breach of the Contract by the Customer is to be considered as a waiver of any subsequent breach.

⦁ If any provision of the contract is held by any competent court or authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and remainder of the provision in question shall be affected

⦁ The terms in the Contract are the only terms that apply to the sale of the Goods by the Company and no other terms, are deemed to be incorporated into the contract, (whether expressed or implied).

⦁ Nothing contained within the Terms of Sale do nor will affect