TERMS OF BUSINESS
The placing of an order implies acceptance of Peter Crossman’s (herein after The Trader) Terms of Business. All work should be accompanied by an official order and signed by an authorized person. Verbal instructions are accepted on the basis that The Trader will not be held responsible for any error arising thereof. The Trader shall be entitled to sub-contract any service he agrees to perform.
An order or an acceptance of a quotation must be accompanied by sufficient information to enable The Trader to proceed with the order and any modifications must be agreed in writing. Unless otherwise stated a quotation is open for acceptance for a period not exceeding 14 days from the date of supply. All communications relating to orders should specify the date and the original order together with a description of the work.
The Trader must have sight of the fullest details of the job to ensure an accurate quotation. Unless otherwise stated the customer can assume that the production will be within The Trader’s normal service. Subsequent variation to the specification contained within a brief can render the quotation void.
The Trader reserves the right to alter prices after the elapse of the terms of a fixed price quotation. All prices are quoted in pounds sterling.
Overtime rates are not charged by The Trader
The Trader is not V.A.T. registered
7 Preliminary Work
Work carried out, whether experimentally or otherwise, at the customer’s request, will be charged.
8 Rush Fee
The Trader will endeavour to complete work to the customer’s deadline but reserves the right to make a rush surcharge for any work required more quickly than the normal service.
Goods are sent entirely at the risk of the customer. The costs of dispatch are to be paid by the customer according to the invoice supplied. No goods will be dispatched until payment has been received without written agreement between The Trader and customer.
Claims arising from damage, delay or partial loss of goods in transit must be made in writing to The Trader within three days of delivery, or within seven days for non-delivery of goods. All other claims must be made in writing to The Trader within seven days of delivery.
A. The Trader shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit.
B. Where work is defective for any reason, including negligence, The Trader’s liability (if any) shall be limited to the cost of the invoice value of the work relating to that particular item or contract unless agreed in writing at the time of the order to accept higher liability.
C. If any items sent to The Trader possess a high intrinsic value then the customer must arrange adequate insurance cover.
D. The Trader cannot accept any claims for consequential loss however caused.
12 Customer Property
While every care and precaution against loss or damage to customer property entrusted to The Trader will be taken, liability for loss or damage shall be limited to the invoice value of the work relating to that particular article. Where this is considered to be insufficient written notice must be given so that insurance may be arranged on any one specific article the cost of which will be passed to the customer.
13 Information supplied by the Customer
A. The Trader may refuse to carry out work from information supplied by the customer which appears to be insufficient. Additional cost incurred if the information found to be insufficient during production may be charged.
B. Where information is so supplied, responsibility for defective work will not be accepted by The Trader unless this is due to The Trader’s failure to use reasonable skill and care.
C. The Trader cannot accept claims arising from delay caused by insufficient information.
14 Responsibilities of the Customer
It is the responsibility of the customer to obtain approval of all elements of work carried out by persons responsible for overall control of any project The Trader is so involved in unless agreed in writing at the time of the order, such approval must be passed on to The Trader in writing prior to dispatch of work for its final purposes. The Trader cannot accept claims arising from dispatch of works prior to receipt of written approval of work.
15 Production of Work
All work carried out by The Trader shall meet current British Standards and all other recognized codes of practice and laws that may relate to the final purposes of the work, no discussion relating to this will be entered into. Should the customer wish to deviate from this the order will be terminated and all costs incurred to date must be paid in full.
16 Reservation of Title
Without prejudice to other remedies, The Trader shall in respect of all unpaid debts due from the customer retain title to the goods until such debts are paid. In the event of a customer being unable to pay his debts, The Trader may enter the customer’s premises and recover the goods which are The Trader’s property by virtue of this clause. Ownership of title after final payment shall be governed by the terms of the agreed contract between The Trader and the customer.
17 Force Majeure
Every effort will be made to carry out the contract but its due performance is subject to cancellation by The Trader or to such variation as he may find it necessary as a result of any Act of God, war, strike, lockout or other trade dispute, fire, flood, drought, pandemic, legislation or other cause beyond The Trader’s control.
This agreement is governed by the laws of England and Wales and the parties submit to the jurisdiction of the Courts of England and Wales.
An order may be cancelled after work has been commenced provided all costs incurred up to the time of cancellation are paid in full.
20 Terms of Payment
A. Payments are to be made within 30 days of the date of invoice. No credit is offered by The Trader.
B. Where a deposit is requested by The Trader then the customer must make this payment before work can be commenced.
C. Payments are to be made in pounds sterling. Payment made in other currencies may incur costs which will be passed to the customer.