Standard Terms and Conditions of Sales
Orders should be placed using your standard purchase orders. If your internal systems require a valid purchase order to allow payments to be made, it is your responsibility to issue that number at the time of placing the order. Subsequent refusal of payment due to missing/ unavailable order numbers will result in us suspending work on the site.
The price applicable to work carried out will be subject to the agreements made at the time the order is placed. All quoted prices are exclusive of VAT which will be charged at the rate applicable at the agreed tax point of the transaction. This will be the date of our invoice unless you can demonstrate that you have a valid ‘self-billing agreement’ or ‘authenticated receipt agreement’ registered with HM Revenue and Customs.
On larger contracts, applications for payment may be raised. These are for agreement of the value of work completed to a given date and we expect an indication of the agreed valuation within 14 days. On agreement of the valuation, we will issue an interim invoice which will become due for payment within the agreed terms (see point 4). A payment notice, clearly stating the payment date and any reductions (including the reasons for such reductions) should be issued by the end of the month of application.
Payment of all works completed shall be due for payment 30 days from the date of the invoice. Extended terms may be available upon request, but such requests should be made in writing prior to the commencement of any work. We reserve the right to charge interest on late payments as defined in ‘The Late Payment of Commercial Debts (Interest) Act 1998’. Also, under the ‘Housing Grants, Construction and Regeneration Act, 1996; Section 113’, we do not accept ‘Pay when Paid’ nor ‘Pay when certified’ clauses, nor any clause requiring the authorisation by a third person with whom we have no contact, influence or control
Property and Risk
The rights to the property shall remain with the seller until payment has been received. The risk of any materials delivered to site shall transfer to the buyer upon acceptance of delivery. Until such time that payment has been made, we reserve the right to reclaim any materials not forming an integral part of any structure unless such removal is deemed to be liable to cause damage to property.
Termination or Suspension
We reserve the right to suspend and/ or terminate any contract where:
• The buyer is in breach of the contract.
• The buyer undergoes a change of ownership or control as defined under section 416 or 840 ICTA 1988.
• If the buyer is (or is likely to become) insolvent or enters a creditors voluntary arrangement.
• If payments are unduly delayed.
• On termination, all outstanding monies will become due immediately.
Any notice under the contract must be in writing. Where instructions for variations are received by email from a representative of the buyer, this shall be deemed to be a written instruction.
We shall not be responsible for non-performance of the contract where the cause of any such non-performance is beyond the reasonable control of our company or its’ employees.
All matters relating to the sale shall be governed by the laws of England and Wales, and shall be subject to the jurisdiction of the English Courts.
Any disputes may be dealt with by arbitration if an agreed arbitrator is approved by both parties.
Unless otherwise stated in our quotation, site welfare and first aid are to be provided at no cost to ourselves.