Terms & Conditions
The following conditions apply to all contracts between Greenmaple Limited (‘the Supplier’) and the Purchaser and shall override any terms or conditions stipulated, incorporated or referred to by the Purchaser whether in the order or in any negotiations unless expressly accepted in writing by the Supplier. The headings of the clauses of these conditions are for reference only.
(a) The Supplier may vary the contract price to take account of any variation in the cost of products and
transportation between the date of the order and the date of delivery or despatch of the goods.
(b) The price quoted does not include the amount of any Value Added Tax which shall be added to the price and be payable by the Purchaser.
2. DELIVERY AND CARRIAGE
(a) Delivery is on a DDU basis. The Supplier shall be under no liability to the Purchaser for damage to or loss of goods in transit unless the purchaser notifies of any damage or loss of goods within 3 working days from receipt.
(b) Where the Purchaser’s order specifies a delivery date the Supplier shall make every effort to comply with this date but unless otherwise expressly agreed in writing, the Supplier shall not be liable for delay of delivery.
(c) Where it is agreed in writing that the Supplier shall be liable to the Purchaser for delay in delivery the Purchaser nonetheless has no claim against the Supplier for delay in delivery of, or failure to deliver the goods, as a result of strikes, labour disputes or other industrial action, emergency conditions, fire, flood, accident or any other cause whatsoever beyond the Supplier’s control whether or not of a similar nature to any of the foregoing, nor shall the Purchaser have any claim against the supplier for failure to deliver the goods within the time specified if the Purchaser is in breach of any of the terms hereof or in any way delays the execution of the work.
(d) The Supplier may make deliveries in one or more instalments and each such instalment shall be deemed to be under a separate contract. Any default by the Supplier in delivery of any instalments shall not entitle the Purchaser to repudiate the contract with regard to future instalments remaining deliverable.
(e) If the Purchaser makes a default in taking delivery of or paying for any instalment the Supplier will be relieved from all obligations to make any further deliveries but without prejudice to its right to recover damages for breach of contract.
3. PAYMENT AND TITLE TO THE GOODS
(a) Normally payment will be due 28 days after the day when the invoice was raised. The Supplier reserves the right to vary these terms of payment and the Purchaser should make payment in accordance with the terms stated in the Supplier’s invoice or as stated by the Supplier on receipt of the Purchaser’s Order.
(b) Supplier reserves the title of the delivered goods (reserved property) until all claims have been settled, even if payments for specially designated claims have been made. With a current account, the reserved property serves for securing payment of the amount outstanding.
(c) Purchaser shall have the right to process and sell the goods sold with retention of title in the course of normal business under his standard terms and conditions as long as he has not delayed payment. Pledging or assignment of securities is prohibited.
(d) Purchaser commits himself/herself to provide any information necessary for enforcing Supplier's rights and to hand over any documentation necessary for this. When third parties have access to the goods sold with retention of title, especially in the case of pledging, Purchaser must point out Supplier's ownership and notify the latter at once by registered mail to enable Supplier to enforce his rights of ownership. Purchaser shall bear the costs of all measures necessary for averting the intervention.
(e) Any breach of contract by Purchaser - in particular delayed payment - shall authorise Supplier to request the return the goods sold with retention of title or, where appropriate, request transfer of Purchaser's claims for return against third parties. Requesting the return and pledging of the goods sold with retention of title by the seller do not constitute a rescission of the contract.
(f) Purchaser is obligated to provide for adequate insurance protection of the goods sold with retention of title.
Despite the reservation of title, Purchaser bears the risk of loss and deterioration of the goods sold with retention of title.
(g) Notwithstanding the terms of sub-clause (b) hereof all responsibility for the safe custody protection and
preservation of the goods after delivery is deemed to have taken place shall rest with the Purchaser who shall take all proper steps with regard thereto and shall in any event remain liable to pay for all goods delivered.
(h) The Supplier reserves the right to charge interest on overdue payments from the date due at borrowing rates then current but not less than 2.5% above the Supplier’s Banker’s Base Rate from time to time in force.
(i) The purchaser shall notify of any discrepancies with the invoice within 14 days of receipt.
4. RESPONSIBILITY FOR THE GOODS AND TESTING
The following conditions apply wherever the goods are used including circumstances subject to the Health and
Safety at Work Act 1974 or any other legislation current or future.-
(a) The Supplier’s liability arising out of the supply of defective goods shall not in any case exceed the cost of the goods and the Supplier will in no circumstances be liable in contract tort or otherwise for any consequential damage injury loss or expense however caused whether to the Purchaser or to any other person or thing whether arising directly or indirectly from the defect and shall not apply in any case for defects due to wear and tear neglect or use of the goods for any purpose other than those for which they are designed.
(b) Where the contract requires or implies compliance with any codes, regulations, standards or other rules the Supplier only accepts responsibility for compliance with such codes, regulations, standards or rules as published at the date of the Supplier’s acceptance of that order.
(c) The goods must be regularly tested by the Purchaser and the user of the goods to ensure that they are suitable (and continue to be suitable) for the purpose for which they are to be used.
5. THE PURCHASER WILL NOT SOLICIT NOR CANVASS
For the purposes of employment or engagement nor employ nor engage in any capacity whatsoever any member of the Supplier’s sales force or other employee or consultant whether self-employed or not.