DEFINITIONS

In these conditions:

• “The company” means Kas Drylining & Insulation.

• “The goods” means the articles (or as the case may be, services) to be supplied by the company in accordance with these conditions.

• “The purchaser” means the party to whom the goods are to be supplied.

• “The conditions” means the standard conditions of sale as set out in this document and includes any special terms and conditions agreed in writing between the company and the purchaser.

• “The contract” means the contract for the supply of goods incorporating these conditions.

FORMATION OF CONTRACT

• These terms and conditions shall in all respects be construed and have effect according to English law, and the parties agree to submit to the jurisdiction of the English courts.

• Under no circumstances will the company be liable to the purchaser in damages for any amount in excess of the total value of the goods supplied by the company to the purchaser.

• All goods sold by the company are subject to these conditions, which may not be altered unless expressly agreed in writing by a person authorised to sign on behalf of the company (“a company signatory”). Any contrary or additional terms, whether or not contained in any document of the purchaser, are excluded.

PRICE

• The price of goods is the price ruling at the date of despatch. Prices quoted are not fixed unless agreed in writing by a company signatory.

• All quotes are subject to increases in manufacturer or supplier cost price.

• The price is exclusive of Value Added Tax (VAT) and any other governmental taxes.

PAYMENT

• If the purchaser does not have an account approved in writing by the company, payment must be made when placing the order or upon delivery or collection of the goods.

• If the purchaser has an account approved in writing by the company, payment without deduction is due on the last day of the month following the month in which the goods were supplied.

• The purchaser is not entitled to make any deduction or set-off from any sums claimed by the company against any amount due or claimed against the company by the purchaser, whether under this or any other contract.

• The company reserves the right, at its absolute discretion, to insist on payment in cleared funds before delivery or to demand security for payment before continuing with or delivering any goods, notwithstanding any subsisting agreement to provide credit to the purchaser.

• The company reserves the right to charge interest on overdue accounts at a rate of 5% per annum above the base rate of National Westminster Bank PLC at the time. Interest shall accrue daily from the date payment fell due until it is made in full (whether before or after judgment).

ORDERS

• Where goods are requested by the purchaser under a trade name or description, the company shall not be responsible if the goods prove unsuitable for the purchaser’s intended purpose.

• The purchaser must check all drawings, dimensions, sizes, weights, and quantities before ordering. The company cannot accept responsibility for errors, omissions, or any consequential loss arising therefrom.

CANCELLATION OF ORDERS

• The company will not accept cancellations or returns for goods once orders have been placed with manufacturers or suppliers.

• The company may, at its absolute discretion, consider accepting cancellations or returns for goods that are standard yard stock items. In such cases, the company reserves the right to charge a restocking or cancellation fee.

DELIVERIES

• Where the contract provides for goods to be delivered to the purchaser in instalments, each delivery constitutes a separate enforceable contract.

• Any despatch or delivery date provided by the company is an estimate. Time shall not be of the essence of the contract. The company accepts no responsibility for financial or other losses (direct or indirect) due to delivery delays, nor shall such delays entitle the purchaser to refuse acceptance or payment for the goods upon delivery.

• Risk in the goods passes to the purchaser upon delivery or collection.

• The purchaser is responsible for providing a suitable hard road on site. Delivery vehicles will only enter the site at the driver’s discretion, and the purchaser shall indemnify the company against any loss or damage resulting from vehicle entry onto the site.

• The purchaser is responsible for providing the necessary facilities and labour for safe offloading of the goods.

• If employees of other contractors on-site accept the goods, they shall be deemed to have been accepted by the purchaser.

• The company accepts no responsibility for shortages or damages unless indicated by the purchaser at the time of delivery, in writing, on the delivery sheet or documents issued by the company.

• For goods found defective in material or workmanship, the company’s liability is limited to repair or replacement of such goods, provided complaints are made within three days of delivery. If goods have been used or fixed, defects must have been identifiable upon reasonable examination prior to use.

• The company will not be liable for any consequential losses sustained by the purchaser due to such defects.

RETENTION OF TITLE

• Ownership of goods remains with the company until full payment of all sums owed by the purchaser to the company is received, whether under this or any other contract.

• Until full payment is made, the purchaser shall act as bailee and trustee for the company and must return the goods upon request.

• If payment is overdue, the company reserves the right to enter any premises where goods are stored and recover them without prejudice to other rights.

• Goods may be used or sold by the purchaser in the normal course of business, but the company retains title to the goods and any resulting composite products until full payment is received.

• Proceeds from sales of the goods must be held in trust for the company until full payment is made.

• If requested in writing, the purchaser shall assign rights to recover the selling price of goods from third parties.

• Payment of all sums becomes immediately due upon the commencement of insolvency proceedings concerning the purchaser.

GENERAL DATA PROTECTION REGULATIONS (2018)

• All account details are stored securely. The company reserves the right to perform credit checks with credit reference agencies, which may retain a record of such checks and share the information with other businesses.

• Enquiries may also be made regarding principal directors with credit reference agencies. The company may monitor and record trade performance information, which will be shared with credit reference agencies to assess credit applications and prevent fraud.

• For full details of how your information is stored and used, please refer to our Privacy Statement.