Terms and Conditions

In these terms of Sale Graham-Holmes Plastics Limited trading under the name of Clearline shall be referred to as ‘the Company’.

Ruling Conditions:

Any contract made with the Company is subject to these terms unless these terms are excluded or varied by express written agreement made by the Company and the Customer. In particular the customer shall offer to order the goods from the Company upon these terms and any conflicting terms of business of the Customer shall have no effect.

Terms of Payment:

Orders for the United Kingdom Customers without an account are accepted if cash is sent with order or payment is made by cash on delivery.

Ledger accounts are opened subject to approval of references and unless otherwise agreed by the Company in writing the terms of payment shall be net cash 30 days after date of dispatch or date goods would have been dispatched save for postponement otherwise than due to default on the part of the Company. The Company shall be entitled to submit its’ invoice with its’ delivery advice note or at any time thereafter save that the delivery has been postponed at the request of or by default of the Customer then the Company shall submit its’ invoice at any time after the goods are ready for delivery or would have been ready in the ordinary course but for the request or default as aforesaid.

Where goods are delivered by installments the Company may invoice each installment separately and the Customer shall pay invoices in accordance with these conditions.

No dispute arising under the neither contract nor delays beyond reasonable control of the Company shall interfere with prompt payment in full by the Customer.

In the event of a default by the Customer the Company shall be entitled without prejudice to any other rights or remedy to suspend all further deliveries on any contract or contracts between the Company and the Customer without notice and to charge interest on any outstanding amount at the rate of 2% above bank base per month or part thereof payable after as well as before judgement.

All costs of collection of overdue invoices shall be repaid to the Company by the Customer.

Quotations:

All quotations are made and all orders are accepted subject to the following conditions. All conditions of the Customer or other terms, conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by the Company in writing.
Quotations shall only be available for acceptance for a maximum period of 30 days.

Changes:

If after the date of order and before the date of delivery of the goods, changes are made in design or specification of the goods the Company may incorporate such changes in the goods sold to the Customer provided that the specifications are equal to or better than originally quoted.
The Company shall not be obliged to make any alteration to the goods ordered whether arising by reason of the amendment of the regulations of a component authority made subsequent to the date of the contract or otherwise.

Liability:

Save where the Company is shown to have failed to exercise reasonable care in the manufacture and/or supply of the goods and such failure results in death or personal injury the Company shall not be liable in respect of claims arising by reason of death or personal injury. Further under no circumstances whatsoever shall the Company be liable for consequential loss (including removal or rectification work required in connection with installation of repaired or substituted goods) loss of profits or damage to property.

Guarantee Condition:

Subject to the terms and conditions elsewhere in this agreement PVCu frames shall be guaranteed against faulty manufacture for 10 years, glass sealed units for 5 years and all furniture shall carry the Manufacturers guarantee. Incorrect installation of the Company’s products shall cancel guarantee liability.

Design Parameters:

No PVCu frames or glass sealed units have any inherent load bearing capability. Products ordered in excess of design parameters in the Company’s catalogue shall have no warranty or guarantee whatsoever.

Termination:

The Company shall be entitled without prejudice to its own rights and remedies either to terminate wholly or in part the Contract or any every other contract with the Customer or to suspend any further deliveries under the Contract or any or every such contract in any of the following events:

If any debt due and payable by the Customer to the Company is unpaid

If the Customer has failed to take delivery of any goods under the Contract, or any other contract as aforesaid otherwise than in accordance with the Customer’s contractual rights.

If the Customer becomes insolvent or being a body corporate has a receiver appointed or passes a resolution for winding up or a Court makes an Order to that effect or being an individual or partnership makes any composition or arrangement with his or their creditors or has a receiving order made against them.

In addition to any right of lien which the Company may have the Company shall in any of the events described in paragraph (i) (c) above have a general lien over all goods of the Customer then in the possession of the Company for the unpaid price of any goods sold and delivered by the Company to the Customer under the Contract or any other contract.

Force Majeure:

Neither party shall be under any liability for any delay loss or damage caused wholly or in part by act of God, government restriction condition or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves its employees or not or by reason of any other act matter or thing beyond its reasonable control including failure by other party to carry out the provisions of these conditions.

Cancellation:

The Company will only agree cancellation on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profits and other loss or damage resulting to the Company by reason of such cancellation will be paid forthwith by the Customers to the Company.

Confidential Information:

All drawings documents and other information supplied by the Company are supplied on the express understanding that Copyright is reserved to the Company and that the Customer will not without the written consent of the Company either give away, loan, exhibit or sell any such drawings or extracts therefrom or copies thereof or use them in connection with the goods in respect of which they are issued.

The Customer shall be responsible for ensuring that all drawings, information, advice and recommendations given to the Company either directly or indirectly by the Customer or by the Customer’s agents, servants, consultants or advisers are accurate and suitable. Examination or consideration by the Company of such drawings information, advice or recommendations shall in no way limit the Customer’s responsibility hereunder unless the Company specifically agrees in writing to accept responsibility.

The Customer shall indemnify the Company from and against all actions, claims, costs and proceedings which arise due to the manufacture of goods to the drawings and specifications of the Customer where such drawings and specifications are at fault or where it is alleged that they involve an infringement of a patent copyright or Design Copyright or other exclusive right.

Data and Technical Information:

The information contained in the advertising sales and technical literature issued by the Company may be relied upon to be accurate in the exact circumstances in which it is expressed otherwise any illustrations, performance details, examples of installations and methods of assembly and all other technical data in such literature are based on experience and from trials under test conditions.

Accordingly the information contained in the Company’s publications is provided in writing. Customers should obtain specific recommendations and advice from the Company regarding the use and attributes of the Company’s products.

Delivery:

Time for delivery is given as accurately as possible but is not guaranteed. The Customer shall have no right to damages or to cancel the order for failure for any cause to meet any stated delivery time.

The date of delivery shall in every case be dependant upon prompt receipt of all necessary information, final instructions or approvals from the Customer. Alterations by the Customer in design specifications or quantities required may result in delay of delivery.

The Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery but shall be under no obligation to do so.

Where delivery is postponed otherwise than due to default by the Company the Customer shall pay costs and expenses including a reasonable charge for storage and transportation occasioned thereby and the Company shall be entitled to invoice the goods in accordance with these conditions.

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  • July 2017
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