Trading Terms and Conditions
Application and Entire Agreement
These Terms and Conditions will apply to the purchase of the goods detailed in our quotation
(Goods) by the buyer (you) from Southern Plumbing & Heating Merchants Limited a company registered in the Isle of Man under number 129906C whose registered office is at Unit 2 Portside, Balthane Industrial Estate, Ballasalla, Isle of Man (we or us).
These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation, or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.
These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you.
Goods
The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. Descriptions of the Goods set out in our sales documentation are intended as a guide only.
We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.
Price
The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.
If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Prices. We will give you 30 days’ notice in advance of any price increase.
Payment
All payments must be made in British Pounds unless otherwise agreed in writing between us.
All amounts due under these Terms and Conditions must be paid in full on or before the due date.
Delivery
We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing. One free delivery per order, repeat deliveries chargeable at £20 plus vat unless otherwise stated.
Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8am to 4pm.
Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence.
We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
Inspection and Acceptance of Goods
You must inspect the Goods on delivery. If you identify any damages or shortages, you must inform us in writing within 48 hours of delivery, providing details. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection.
Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.
Goods deemed to be ordered correctly will be subject to a suppliers restocking charge and return delivery costs.
Risk and Title
The risk in the Goods will pass to you on completion of delivery.
Title to the Goods will not pass to you until we have received payment in full for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.
Force Majeure
14. (a) THE Seller shall not be liable to the Buyer for any loss or damage or expense whatsoever suffered or incurred by the Buyer due to cause beyond the Seller’s control including (without prejudice to the generality of the foregoing expression) acts of government, government department cancellation of any export or import licence or any prohibition or restriction relating to the Goods, acts of war, civil war, strikes, lock-outs, labour disputes, riots, civil commotion, seizure, requisition, fire, lightning, aircraft, shipping, transport, explosion, flooding, act of God, force majeure, illegality, breakdown, accidents, theft.
(b) The Seller shall not be liable to the Buyer for any loss or damage or expense whatsoever suffered or incurred by the Buyer if the Seller’s supplier or intended supplier as the case may be is unable for any reason whatsoever to supply the Goods or any of them or refuses to supply the Goods or the Seller is unable to obtain the Goods or any of them, whether due to a scarcity or shortage of the Goods or for any reason whatsoever.
(c) After the cessation of any such occurrence as is mentioned in (a) above subject to the rights of the Seller referred to in (d) below, the Seller shall not be called upon to make suspended deliveries in one lot but the Seller can recommence delivery upon restored conditions subject to a variation in contract price to cover any increase in costs arising from any such occurrence as is mentioned in (a) above and the contract period shall be extended accordingly.
(d) In the event of an occurrence as is mentioned in (a) above or in the circumstances mentioned in (b) above or (c) above the Seller shall have the option in its absolute discretion of cancelling all or any deliveries under the contract and there shall be no liability whatsoever on the Seller as a result of such cancellation.
