Conditions of Sale

1. GENERAL

1. In these conditions 'the Seller' means Custom Property Services of Acer Tree House, No.4, Budgetts, West Buckland, Wellington, Somerset, TA21 9LF; 'the Customer' means the person, firm or company so named and 'the Goods' means the goods and services the Seller is to supply in accordance with these Conditions: The headings in these Conditions shall be ignored.
2. The Seller shall sell the Goods to the Customer on these Conditions which supersede any other terms appearing in the Seller's Literature (unless otherwise stated) and govern the contract to the exclusion of any of the Customer's terms. No variation to these Conditions shall be made without the written consent of both parties.
3. Any error or omission in any document or information of the Seller may be corrected without liability to the Seller. No description or illustration in any literature of the Seller shall be part of the contract.
4. While the Seller will try to supply Goods in accordance with the quality of samples shown this cannot be guaranteed and no condition or warranty to this effect shall be implied.
5. The Seller is not responsible for any representation of its employees or agents unless confirmed in writing by the Seller.

2.   SPECIFICATION

1. Where openings are not complete or actual accurate measurements cannot be taken on site the sizes and costs of Goods given are estimated and will be subject to revision when accurate measurements can be taken on completion of the opening.
2. The Customer is responsible for ensuring the accuracy of its order and any applicable specifications or other information given to the Seller. In particular where Goods are made to suit floor levels, lintel heights or opening sizes notified by the Customer. Any departure from the given sizes will be the responsibility of the Customer as will any costs involved in alteration of made-up Goods.
3. The Seller reserves the right to change the specification of the Goods at its sole discretion.

3.   INSTALLATION

1. The installation costs specified covers only the work specified and do not, unless expressly stated include rectification of existing out-of-square openings or electricity or gas fittings or the like.
2. Whilst reasonable care will be taken while drilling and fixing, the Seller and the Seller's installers will not be responsible for the failure from any cause whatsoever of any masonry or rendered surfaces by cracking or collapsing while drilling or fixing or for any decorative damage.

4.   DELAY AND FORCE MAJEURE

1. Any delivery or installation dates given are approximate only and the Seller accepts no liability for delay arising from any cause whatsoever and in any event the Seller shall not be obliged to deliver and/or install the Goods until accurate site measurements are available and can be checked.
2. The Seller shall not be liable to the Customer or be deemed to be in breach of the contract by reason of any delay in performing or failure to perform any obligation of the Seller under the contract if such delay or failure was due to any cause beyond the Seller's reasonable control including (but not limited to) Act of God, explosion, flood, tempest, fire, accident, war, threat of hostilities, sabotage, civil disturbance, acts and regulations of any authority, import or export regulations, industrial disputes, difficulties in obtaining materials or labour, power failure or machinery breakdown.

5.   PRICES

The Customer shall pay the price for the Goods, (without deduction or set off), by the date specified in writing by the Seller. Time for payment is of the essence. If the Customer fails to pay on the due date the Seller shall, (without prejudice to any other remedy available), be entitled to:

1. cancel the contract or suspend work on it
2. charge the Customer interest (accruing daily) before and after judgement at the rate of 15% or such other rate as is provide pursuant to the provisions of the Supreme Court Act 1981.
3. treat such failure as repudiation of the contract and recover damages for such failure.

6.   OWNERSHIP

Property in the Goods shall not pass to the Customer and the Customer shall keep the Goods as bailee (returning them on request) until payment in full for the Goods has been made to the Seller and the Seller shall be entitled to recover the Goods and shall be entitled to enter the Customer's premises (or wherever the Goods are) to recover them. Risk in the Goods passes on delivery to the Customer or when the Goods are taken onto the Customer's premises (whichever is the sooner).

7.   LIABILITY

1. Save as expressly agreed in writing by the Seller and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by same or common law are excluded to the fullest extent permitted by law.
2. Except in respect of death or personal injury caused by the Seller's negligence the Seller shall not be liable to the Customer by reason of any representation, implied warranty condition or term or any duty at common law or under the contract for any consequential loss or damage (including loss of profit and whether caused by the negligence of the Seller or otherwise) arising out of the supply of the Goods or their use or resale except as expressly agreed in writing by the Seller. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions.

8.   CANCELLATION

No order accepted by the Seller may be cancelled by the Customer except with the prior written agreement of the Seller and on condition that the Customer indemnifies the seller in full against all loss (including loss of profit) and expenses incurred by the Seller as a result of cancellation.

9.   LAW

The contract shall be governed by English Law.