Our Terms & Conditions

1. Definitions

Buyer – any person, firm or company
purchasing or ordering goods from J. Evans & S.B Reid

J. Evans &: S. B. Reid shall
in the following be abbreviated E & R.

 

2. Scope

a) These Conditions apply to all and any contracts agreement
or transactions between E & R and the Buyer. They prevail over any
conditions contained or referred to in any documents of the Buyer and any provision
to the contrary is hereby excluded.

b) These Conditions together with any E & R sales or
delivery confirmations or advices and invoices represent the complete agreement
between E & R and the Buyer. Save as specifically agreed in writing by the
Chief Executive of any E & R location, no-one is authorized to accept any further
liability or obligations on E & R’s behalf and the Buyer must not rely on any
other documents or on any oral representations.

3. Price

a) Save as otherwise specifically agreed, the price shall be
stated in the invoice to the Buyer by E & R or in the case of cash sales in
the Sales or Advice Note. Unless otherwise stated, Value Added Tax is not
included and will be added to the price.    

b) Unless otherwise expressly
agreed in writing, E & R reserves the right to revise any agreed prices to
take account of fluctuations in exchange rates. Increase or imposition of any tax
duty or levy and clerical or administrative errors or of any increase in E
& R ‘s cost

 including but not limited to the costs of raw
materials, freight shipment, haulage, labour, fuel and insurance.

 

c) E & R ‘s quotations operate
as invitations to the Buyer to place orders. 
They are not lenders and are subject to continuation by E & R upon
receipt of the Buyer ‘s order. 

 

4. Payment

 

a) Unless otherwise agreed in
writing. payment shall be due in full, not later than 30 days from receipt of
invoice.

 

b) E & R reserves the right to suspend or stop
deliveries and to withdraw or restrict credit provisions if any payment becomes
overdue or if E & R has reason to believe that the Buyer may be unable or
unwilling to pay for the goods.  

 

5. Quantities

 

a) 
All quantities, specifications and correspondence with Buyer shall be
subject to reasonable commercial variations and E & R accepts no
responsibility for variations falling within this tolerance.

  

 

6. Special orders

a) E & R may on request manufacture or treat goods in
accordance with the Buyer’s drawings, designs, sample sections, specifications
or instructions. The Buyer accepts full responsibility for the accuracy of the
same and indemnifies E & R against all liability arising from E & R’s
compliance with the Buyer’s drawings, designs, sections, specifications or
instructions.

 

7. Delivery

a) Where the goods are sold on a
collect basis, delivery to the Buyer occurs immediately, the goods are loaded
onto the Buyer ‘s vehicle.

b) Where E & R agrees to deliver
the goods, delivery to the Buyer occurs in the instant prior to unloading.

c) E & R may deliver the goods in
one or more instalments and each instalment shall be treated as if it is a
separate contract. Failure by E & R to make any delivery or part delivery
shall not entitle the Buyer to reject the balance of the goods.  

d) Times and dates quoted for delivery
dates are estimates only and are not binding on E & R.

 

8. Risk title

a) Risk passes to the Buyer on
delivery.

b) Property
in the goods shall not pass to the buyer, until the price has been paid in
full. However

E
& R may at any time transfer property in the goods to the Buyer in writing.

 

c) Until
such times as the price of the goods has been paid, the Buyer shall store the
goods in such a way as to enable them to be identified as the property of E
& R and the Buyer hereby irrevocably agrees that the representatives of E
& R may enter on the Buyer‘s premises with such vehicles and equipment as may
be necessary to remove the goods.

 

9.
Defects

 

a) E
& R ‘s obligations under any warranty are limited to repair, replacement on
an exchange basis or refunding the cost of the goods or those parts of the
goods which are defective at E & R’s option.

 

b) The
above warranty is given in lieu of and replaces, excludes and extinguishes all
and every condition warranty term or representation as to qualify, fitness to
purchase, merchantability delivery or otherwise, which may be implied or imposed
by statute, common law.

 

c) Notice
of any defect or shortfall must be given to E & R in writing within 3 days
of discovery of same and E & R must be given an immediate opportunity to
inspect the goods failing which all claims shall be deemed to be absolutely
barred. E & R shall have no liability if bulk is broken pending settlement
of any claim, or if the goods cannot be clearly identified as goods supplied by
E & R.

 

d) E
&R shall not be liable to repair, replace or make good any loss in respect
of defects caused by incorrect handling, machining. Installation, storage, treatment
or use by the Buyer or any third party or by normal wear and tear.

 

10. Liability

 

a) ln
no circumstances shall E & R’s total liability in contract, tort or
otherwise exceed the invoice price of the particular goods giving rise to the
liability.

 

b) Where
the goods are to be manufactured, machined treated  or installed by E & R, E & R reserve
the right to sub-contract  such
operations to a third party in which case they shall be  carried out on the standard Terms and
Conditions of the third party. E & R will on request obtain for the Buyer,
a copy of any such Terms and Conditions.

 

11.
Force Majeure

 

E
& R shall not be liable for failure or delay in fulfilling any of its
obligations where fulfilment thereof is prevented, frustrated, impeded, delayed
or rendered uneconomical by circumstances or events beyond E & R ‘s
control.

 

12.
Statue

 

To
the extent that any condition herein would by virtue of the Unfair Contract
Terms Act 1977 be of no effect against a person dealing as a consumer that
condition shall not apply to a person dealing.

 

13.
Waiver

 

The rights
of E & R shall not be prejudiced or restricted by any indulgence or forbearance
extended by E & R and waiver of any particular breach shall not operate as
a waiver of any subsequent breach.

 

14.
Severance

 

If
any Condition or part of a Condition is found to be invalid for any purpose it
shall for that purpose be deemed to have been omitted without prejudice to the
effectiveness of all other Conditions or parts of Conditions

 

15.
Law Jurisdiction

 

These
Conditions and all agreements between E & R and the Buyer shall be governed
by and construed in accordance with English law and any disputes shall be
subject to the exclusive jurisdiction of the English Courts.