1. VARIATIONS.
Any variation of these conditions in any document of the buyer is inapplicable unless accepted in writing by the sellers’ authorised representative.
2. DELIVERY
Where an extended period is named for delivery, and such period is not by mutual consent in writing or under the provisions of clause 4 hereof, the buyer shall take delivery within that period.
3. Any time or date for delivery named by the seller is an estimate only, and the seller shall not be liable for the consequences of any delay.
4. Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of the seller during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the seller.
5. Adequate access to permit the use of rigid or articulated vehicle of 60 feet in length will be provided by the buyer for the delivery of the goods to the buyer’s site or premises. Battens, hardcore or other material must be provided by the buyer to enable the vehicle to pass safely on any unmade ground. Unless otherwise agreed in writing, Extraspace buildings are sold ready for erection by the seller onto foundations provided by the buyer.
The seller is not responsible for the provision or preparation of any foundations or for the storage of goods until the foundations are prepared satisfactorily. Delivery shall be taken to have been made when the goods are in fact delivered whether or not any foundations have been prepared.
6. The buyer must provide at his own expense the labour and any necessary machinery for the unloading of the goods at the delivery site and onto any foundations.
7. In the event of an outbreak in hostilities (whether war is declared or not), in which the United Kingdom is involved, or in the event of a national emergency, or if the sellers works should become either directly or indirectly so engaged on government orders or orders under priority directions as to prevent or delay work on other orders, the seller shall be entitled at any time on notice to the buyer, to make partial deliveries only or to determine the contract, without prejudice in any case to rights accrued in respect of deliveries already made.
8. If the seller fails to deliver the goods for any reason other than any cause beyond the sellers reasonable control or the buyers fault, and the seller is accordingly liable to the buyer, the seller's liability shall be limited to the excess (if any) of the cost to the buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the goods.
9. SPECIFICATION
Where specifications are to be supplied, the buyer shall supply such specifications in reasonable time to enable the seller to complete delivery within the period named.
10. The seller reserves the right to make any changes in the specification of the goods which are required to conform with any applicable safety or other statutory requirements or where the goods are to be supplied to the seller’s specifications which do not materially affect their quality or performance.
11. The buyer shall indemnify seller against any damages, penalties costs and other expenses to which the seller may become liable as a result of work done in accordance with the buyer's specifications which involves the infringement of any letters patent or registered design.
12. WARRANTIES AND LIABILITY
12.1 Subject to the conditions set out below, the seller warrants that the goods will correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 12 months from the date of their initial use or 12 months from delivery, (new buildings) whichever is the first to expire. Second hand units are sold with all faults.
12.2 The above warranty is given by the seller subject to the following conditions:
12.2.1. The seller shall be under no liability in respect of any defect in the goods arising from any drawing, design or specification supplied by the buyer.
12.2.2. The seller shall be under no liability in respect of any defect from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the instructions (whether oral or in writing), misuse or alteration or repair of the goods without the seller’s approval.
12.2.3. The seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the goods has not been paid by the due date for payment.
12.2.4. The above warranty does not extend to materials or equipment not manufactured by the seller, in respect of which the buyer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to the seller.
12.3 Subject as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
12.4 Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements Order 1976), the statutory rights of the buyer are not affected by these conditions.
12.5 Any claim by the buyer, which is based on any defect in the quality or condition of the Goods their failure to correspond with specification shall (whether or not delivery is refused by the buyer) be notified to the seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the buyer does not notify the seller accordingly the buyer shall not be entitled to reject the goods and the seller shall have no liability for such defect or failure.
12.6 Where any valid claim in respect of any of the goods which is based on any defect in the quality or conditions of the goods or their failure to meet specification is notified to the seller in accordance with these conditions, the seller shall be entitled to replace the goods (or the part in question) free of charge or, at the seller's sole discretion, refund the buyer the price of the goods (or a proportional part of the price), but the seller shall have no further liability to the buyer.
12.7 Except in respect of death or personal injury caused by the seller's negligence, the seller shall not be liable to the buyer by reason of any representation, or any implied warrant, condition or other term, or any duty at common law, or under the express terms of the contract, for any consequential loss or damage (whether for loss or profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever(and whether caused by the negligence of the seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by the buyer, except as expressly provided in these conditions.
12.8 The seller shall not be liable to the buyer or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the seller’s obligations in relation to the goods, if the delay or failure was due to any cause beyond the sellers reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the seller’s reasonable control.
12.8.1 Act of God, explosion, flood, tempest, fire or accident;
12.8.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition;
12.8.3 Acts, restrictions, regulations, byelaws, prohibitions, or parliamentary or local authority.
12.8.4 Import or export regulations or embargoes;
12.8.5 Strikes, lock-outs or other industrial actions or trade dispute (whether involving employees of the seller or third party);
12.8.6 Difficulties in obtaining raw materials, labour, fuel, parts or machinery;
12.8.7 Power failure or breakdown in machinery.
13. DEFECTS
Goods represented by the buyer to be defective shall not form the subject of any claim for work done by the buyer for any loss, damage or expense whatsoever arising directly or indirectly from such defects. The buyer shall inspect the goods immediately upon delivery and shall further upon signing the receipt for the goods and in any event not later than three days from the date of delivery give notice in writing to the seller or its servant or agent of any matter or thing by reason whereof he may allege that the goods are not in accordance with the contract. If the buyer shall fail to give such notice, then the goods shall be deemed to be in all respects in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly. Time shall be deemed to be the essence.
14. DEFAULT OF THE BUYER
If the buyer shall make default in or commit a breach of the contract or of any other of their obligations to the seller, the seller shall have the right forthwith to determine any contract then subsisting and upon written notice of such determination being posted to the buyers last known address any subsisting contracts shall be determined without prejudice to any claim or right the seller may otherwise make.
16. PRICES
Unless otherwise expressly stated in writing the sellers prices are based on present costs of materials, labour and transport including emoluments expenses and insurance. Any increase in any such costs between the date of the seller’s quotation and delivery of the goods will be charged to and paid by the buyer.
17. TERMS OF PAYMENT
Unless otherwise agreed in writing, terms of payment are 20% of total order value payable with order, with the remainder being due upon completion of the contract.
18. LAW
These conditions and the contract shall be subject to and construed in accordance with English Law.