© Ballcock Plumbing Limited 2018 - Registered in England 8161090 - VAT No 140 3583 38

Registered Office - Tithe House, 15 Dukes Ride, Crowthorne, Berkshire RG45 6LZ

plumbing and heating ~  bathrooms and kitchens

installations ~ repairs ~ maintenance

Contact

0118 391 3635

07764 170 990

TERMS AND CONDITIONS OF SALE OF

Definitions

“The Company” shall refer to Ballcock Plumbing Limited, “The Customer” refers to the person, firm or company with whom or with which the Company contracts subject to these conditions “Contract” refers to the Contract made

or to be made between the Company and the Customer subject to these conditions “Products” shall mean any articles, Products, Products or services to be supplied (whether on hire or by sale) by the Company to the Customer

under contract

1. THE COMPANY’S CONDITIONS OF SALE APPLY

The Company’s conditions of sale shall apply to and govern any Contract between the Company and the Customer to the exclusion of any condition contained on or in any order form letter, receipt acknowledgement,

or other document emanating from the Customer and no variation of these Terms and Conditions shall be effective unless expressly agreed by the Company in writing.

2. DESCRIPTION

(a) The Company reserves the right to make without notice to the Customer any improvement or alteration in the material, specification, dimensions or design of the Products which it thinksreasonable or desirable or

which it is required to make by law and such improvements or alterations shall not affect the validity of the contract

(b) It shall be the responsibility of the Customer to immediately give the Company information required to proceed with the Contract and to ensure that the capacity and performance of the Products are sufficient and

suitable for the purpose or purposes intended.

3. PRICE & PAYMENT

(a) Any quotation provided by the Company, whether written or oral, shall be deemed to be an invitation to treat and not an offer. The placing of any order, whether written or oral shall constitute an offer by the

Customer and no acceptance shall be binding upon the Company and no contract shall come into existence unless and until the Company shall have accepted the Customer’s offer in writing.

(b) The price payable will be exclusive of VAT and delivery.

(c) Written quotations may be subject to revision and the Company reserves the right to increase such quote for additional work or modifications required by the Customer.

(d) Should costs be incurred by the Company over and above that which was stated in the quotation owing to the suspension or limitation of the works caused by a lack of instruction from the Customer, variations,

interruptions, delay, overtime, unusual hours, errors caused by the Customer or caused by work for which the Company is not responsible then any additional costs shall be met in full by the Customer

(e) Payment of all sums due to the Company shall be made in full within 10 working days of the date of the invoice which shall be rendered to the Customer (“the Due Date”).

(f) In default of payment being made by the Due Date the Company may:-

(i) suspend all work under all or any contracts with the Customer or suspend or cancel any delivery of any Products due to the Customer.

(ii) charge interest at the rate of 3% per annum above the base rate printed from time to time of HSBC Bank on any overdue amount from the day following the Due Date until the date of receipt of

cleared funds.

4. DELIVERY

(a) The Company shall notify the Customer of the date upon which the Products will be delivered (“the Delivery Date”) and the Company shall deliver the Products to the address provided by the Customer on the

Delivery Date

(b) Any Delivery Date given by the Company to the Customer shall be an estimate only. Time shall not be of the essence and the Company shall not be responsible for late delivery or failure to deliver through any cause

which is beyond the control of the Company.

(c) Unless otherwise agreed in writing the Customer shall be bound to accept Products ordered by him on being notified by the Company that they are ready for delivery.

(d) If the Customer fails to take delivery at the time required by the Contract the Company shall be entitled without prejudice to any other rights it may have to either treat the Contract as at an end and to resell the

Products, or to invoice the Products whereupon payment in full shall become due forthwith and in either case to charge at rates giving an economic return for the handling and storage of Products from the invoice date

to the eventual date of delivery to the Customer or disposal elsewhere as the case may be and the Customer shall be liable to pay any premium in respect of the insurance of such Products from the date on which he is

notified that the Products are ready for delivery.

(e) If the Products are not inspected immediately upon Delivery by the Customer then all carriers note must be endorsed as “unexamined”. In those circumstances, the Company shall not be liable for short delivery, loss

or other damage unless advised immediately upon delivery by the Customer in accordance with the provisions of Clause 7 a.

(f) If Products are contracted to be delivered by instalments late delivery of one instalment shall not entitle the Customer to reject any other instalment under the same Contract.

(g) The Company shall deliver the Products to the Customer in accordance with the Delivery Date but in the event that the Customer fails to place orders or accept Products in accordance with the delivery schedule then

the Company shall be entitled to charge a storage fee in respect of the whole or part of the stock until such time as delivery takes place to the Customer and charge the Customer additional costs for redelivery

5. RISK

All Products shall become the Customer’s risk as from the date of delivery or attempted delivery to the Customer or the Customer’s agent

6. RETENTION OF TITLE

(a) Products which are the subject of a Contract between the Company and the Customer shall remain the sole and absolute property of the Company as legal and equitable owner until payment of all sums due to the

Company from the Customer on any accounts whatsoever have been received in full by the Company.

(b) Where payment is effected by cheque the Company shall not have received payment until that cheque has been honoured and the amount credited to the Company’s bank account.

(c) Until the property in the Products is vested in the Customer, in accordance with (a) above, the Customer shall not pledge the Products and shall separately store and mark the Products so that they are readily

identifiable as the property of the Company and hold the Products as agent for the Company.

(d) Until otherwise notified by the Company pursuant to sub-clause (e) below, or until the happening of any of the events set out in sub-clause (f) below the Customer may use the Products in the normal course of its

business.

(e) No failure or delay on the part of the Company to require compliance by the Customer of its obligations hereunder shall operate as a waiver thereof.

(f) The Company shall be entitled to serve notice on the Customer indicating its intention to retake possession of its Products and/or terminating the Customers authority to use or sell the Products under the above if the

Customer is in breach of the payment terms under this Contract. On receipt of such notice from the Company or on the happening of any of the events set out in sub-clause (g)below: -

(i) The Customers authority to use or sell Products shall forthwith cease, and

(ii) All Products which are the property of the Company shall be immediately delivered to the Company, and the Company via it’s employees or agents shall have the right to enter upon any land, building

or vehicles of the Customer to take possession of its Products and any expenses incurred by the Company including legal or other fees in so taking possession shall be payable by the Customer.

(g) The events referred to in sub-clauses (d) and (e) above are: -

(i) Any notice to the Customer that a receiver or manager is to be or has been appointed or if any encumbrance shall take possession of all or any part of it’s assets;

(ii) Any notice to the Customer that a petition to wind up or other process to liquidate the Customer is to be or has been presented or issued or the passing of a resolution to wind up the Customer (save for

the purposes of a bona fide reconstruction or amalgamation);

(iii) A decision by the Customer that the Customer intends to make an arrangement with it’s creditors or to stop payment or cease or threaten to cease business;

(iv) Any distress execution or other process is levied and enforced upon or sued against any chattels or property of the Customer;

(v) The inability of the Customer to pay its debts as such expression is defined in the Companies Act 1985 or any statutory re-enactment thereof for the time being in force;

(vi) The commission by the Customer of any act of bankruptcy as defined in the Insolvency Act 1986 or any statutory re-enactment or modification thereof.

7. LIMITATION OF SELLER’S LIABILITY

(a) In any case where it is established to the satisfaction of the Company that there has been a short delivery or that the Products have been damaged (whether wholly or in part) prior to delivery the Company will replace

them or where the Products have been damaged accept their return and credit the Customer with the price thereof provided that the Products are examined by the Customer immediately upon delivery and any

complaint by the Customer of short delivery of or damage to the Products shall have been notified to the Company immediately upon delivery and confirmed in writing within 10 days of delivery;

(b) Save as aforesaid the Company will not be liable to the Customer for any loss or damage suffered as a result of the events or for any of the reasons referred to in paragraph (a) of this Condition and without prejudice

to the generality of the foregoing any implied term, condition or warranty statutory or otherwise as to the quality of the Products sold or their fitness for any particular purpose or as to their correspondence with any

description or sample is hereby excluded to the fullest extent permitted by law and if any provision is held to be invalid then the remainder of these provisions shall continue to apply.

(c) The Company shall not be bound by any warranty or representation given by or made on its behalf unless specifically stated in writing and expressly signed stating it is to be incorporated in the Contract.

(d) The Company shall be under no liability if the Products are not paid for by the Due Date.

(e) The Company’s entire liability shall in any event be limited to the value of the Contract.

8. CONSEQUENTIAL LOSS

Without prejudice to the generality of the foregoing provisions the Company shall not in any event be liable to the Customer in contract or tort or otherwise for any indirect or consequential loss or damage whenever

or howsoever arising

9. SELLER’S RIGHT OF RECISSION

Any Contract the Company has with the Customer shall be operational upon an order by order basis. Nothing in these terms and conditions shall imply any continuous relationship between the Company and the

Customer.

The Company shall have the option (without prejudice to any of its other rights against the Customer) by notice in writing to the Customer to rescind any Contract between the Company and the Customer or to

suspend delivery in the following events: -

(a) Should any sum owing by the Customer to the Company be overdue whether under the same or any other Contract, or

(b) Should the Customer be in breach of any term of the same or any other Contract with the Company, or

(c) Should the Customer enter into any composition or arrangement with or for the benefit of its creditors, or have a receiving order in bankruptcy made against him or (if a corporate body) should go into liquidation

either voluntary or compulsory or under supervision or have a receiver appointed over all or any of its assets or if the Customer threatens to cease trading.

10. COMPLAINTS AND DISPUTE RESOLUTION

In the unlikely event  that the Customer is not completely satisfied, the Customer should contact the Company in the first instance using the contact details quoted overleaf.  The Company will aim to respond within 5 working days of receiving a Customer complaint and, where possible, will provide a date to remedy any issues raised.

Where the Company is unable to resolve a Customer complaint using the above procedure, as a Which? Trusted Trader, the Company uses the Dispute Resolution Ombudsman for dispute resolution. In the unlikely event  that the Company cannot  remedy the Customer complaint satisfactorily the Customer may wish to refer the Complaint to the Ombudsman.  The Ombudsman can be contacted via Which? Trusted Traders, in the first instance, on 0117 981 2929.


11. FORBEARANCE BY SELLER

No forbearance or indulgence by the Company shown or granted to a Customer whether in respect of these terms and conditions or otherwise, shall in any way affect or prejudice the rights of the Company against the

Customer or be taken as a waiver of any of these standard conditions.

12. FORCE MAJEURE

The Company shall not be liable for failing to perform the Contract whether wholly or in part if the failure is caused wholly or partly by any circumstance or circumstances outside the Company’s control

12. LAW

These terms and conditions are governed by and are to be construed in accordance with English law and are subject to the exclusive jurisdiction of the English Courts.