1.1 There shall be no binding contract between C & J Supplies Ltd ("C & J") and the person firm or company placing the order ("the Buyer") until the Buyer's order has been accepted in writing by C & J.
1.2 These conditions shall govern this contract to the exclusion of any other terms and conditions, including any standard terms of the Buyer, except as agreed in writing by C & J.
1.3 No order which has been accepted by C & J may be amended or cancelled by the Buyer except with the agreement in writing of C & J.
1.4 C & J reserves the right to make any changes in the specification of the goods which are required to conform with any applicable statutory or EC requirements or, where the goods are to be supplied to C & J's specification, which do not materially affect their quality or performance.
2. SUPPLY OF CHEMICAL STORES
2.1. C & J supply chemical stores that are manufactured by one or more suppliers to C & J's specifications C & J will take all reasonable steps to ensure that the specification is to a standard approved by B.A.S.I.S. and/or the Health and Safety Executive. C & J cannot accept responsibility for failing to meet such standards which may vary according to the use and location of the store. The Buyer must make its own enquiries of its local authority and other relevant bodies.
2.2 Chemical stores are supplied subject to the following conditions of use:
2.2.1 The electrical installation is connected to an electrical source with a trip and isolator by a qualified electrician
2.2.2.The electrical installation is inspected and tested on delivery and at suitable regular intervals by a
2.2.3The store is not used for the storage of flammable liquids and/or flammable air-vapour mixes.
2.2.4The store is not sited in areas subject to excessive heat or excessive frost without adequate protection.
2.2.5The store's ventilation is not obstructed
2.2.6The store's recommended storage capacity is not exceeded.
3.1 The price of the goods shall be C & J's quoted price or here no price has been quoted (or a quoted price is no longer valid) the price listed in C & J's published price list or the relevant manufacturer's published price list current at the date of acceptance of the order.
3.2 All prices are exclusive to any applicable value added tax, which the Buyer shall be additionally liable to pay to C & J
4.1 C & J shall be entitled to invoice the Buyer for the price of the goods on or at any time after delivery unless the Buyer wrongfully fails to take delivery, in which event C & J shall be entitled to invoice the Buyer at any time after C & J has tendered delivery of the goods.
4.2 The Buyer shall pay the price of the goods without deduction within 30 days of the date of C & J's invoice
4.3 If the Buyer fails to make any payment on the due date under this contract, or any other contract with C & J, then without prejudice to any other right or remedy or available to it, C & J shall be entitled to :-
4.3.1 Cancel the contract or suspend further deliveries to the Buyer
4.3.2 Charge the Buyer interest (both before and after judgement) at the rate of three percent per annum above National Westminster Bank plc Base Rate from time to time and proportionately for any lesser period until payment in full is made and/or
4.3.3Repossess the goods
5. DELIVERY AND RISK
5.1 Delivery of the goods to the place of delivery stipulated by the Buyer's order shall constitute delivery to the Buyer. All risks in the goods shall pass to the Buyer on delivery or if the Buyer wrongfully fails to take delivery of the goods, whenC & J tendered delivery
5.2 Whilst every effort shall be made to deliver goods on or before a specified date, such a date is C & J's best estimate when specified and is not a contractual commitment
5.3 Each delivery or part delivery of an order is a separate contract and shall not affect the contract as to other deliveries
6. TITLE TO THE GOODS
6.1 Title to and property in the goods will remain with C & J until it has received payment in full of the price of the goods
7. C & J's WARRANTIES AND LIABILITY
7.1 C & J does not manufacture any goods but orders them from one or more suppliers to meet the Buyer's requirements. To the extent legally possible C & J shall assign and/or make available to the Buyer the benefit of all warranties given to C & J. Subject to being provided with a full and sufficient indemnity C & J shall at the request of the Buyer take all reasonable steps to enforce such warranties
7.2 Any claim by the Buyer which is based on any defect in the quality or condition of the goods or their failure to correspond with the specification shall be notified to C & J within seven days from the date of the delivery or (where the defect or failure is not apparent on reasonable inspection) within seven days of discovery of the defect or failure. If the Buyer does not notify C & J accordingly, the Buyer shall not be entitled to reject the goods and C & J shall have no liability for such defect or failure and the Buyer shall be bound to pay the price in accordance with the contract.
7.3 If there is any valid claim which is notified to C & J in accordance with condition 7.2, C & J shall at its sole discretion replace or repair the goods or the parts in question free of charge or refund to the Buyer the price of the goods or a proportionate part of the price
7.4 Except in respect of death or personal injury caused by C & J's negligence, C & J's liability to the Buyer for any breach of contract, negligent act or omission which causes any direct or indirect, special or consequential loss or damage shall not exceed the price of the goods
8. EVENTS BEYOND C & J'S CONTROL
8.1 C & J shall not be liable to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing, or in any failure to perform, any of C & J's obligations in relation to the goods if the delay or failure was due to any cause beyond C & J's reasonable control. Without prejudice to the generality of the foregoing, strikes, lockouts or other industrial actions or trade disputes (whether involving any employees of C & J or of a third party) shall be regarded as causes beyond C & J's reasonable control
9. BUYERS WARRANTY
9.1 By placing the order the Buyer is deemed to have warranted to C & J that it has stated in writing all its requirements with regard to the goods and that it has stipulated all information relevant to the supply of the goods
10.1 The Buyer shall not assign or otherwise transfer all or any of its rights, interests, or obligations in or under the contract without C & J's prior written consent
11.1 No waiver by C & J of any breach of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision
11.2 If any provision is held by any competent authority to be invalid or enforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected
11.3 The contract shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.