Terms & Conditions

Terms & Conditions.

All goods sold by Neil Smith Ltd (“the Company”) are sold subject to the following conditions.

1. Force Majeure.

Whilst the Company intends to use all reasonable endeavours to perform each contract/sale promptly, the Company may terminate, cancel rescind and/or suspend for any period, and/or reduce the quantities supplied under contract without liability for resulting loss, injury or damage if the performance of its obligations under the contract is in any way adversely affected by: a) any act or default on the part of the Buyer; or
b) any act of God, war, riot, civil commotion, strike, lock-out, sit-in, industrial or trade dispute, fire, flood, adverse weather, accident to plant or machinery or shortage of any material, labour, electricity or other supplies; or
c)any other cause whatsoever which the Company could not reasonably have been expected to prevent.

1. Prices.

2.1 All goods are sold at prices prevailing at the time an order is received/accepted which may vary from those originally quoted.

2.2 All prices stipulated are exclusive of VAT (Valued Added Tax), VAT will be charged at the rate which is applicable at the time of despatch.

1. Payment.

3.1 Payment can only be settled in Pounds Sterling.

1. Delivery.

4.1 Whilst all reasonable efforts will be made to ensure that the goods are delivered by the agreed dates the Company shall not incur any liability whatsoever in respect of any loss or damage howsoever caused or suffered by delay in delivery.

4.2 If the Buyer requests special delivery arrangements these must be notified to the Company by the Buyer at the time of placing the order.

4.3 The Company is not responsible for any damage/theft of goods delivered to a garage/lockup or other place specified by the Buyer if he/she is not able to take delivery in person.

1. Title.

Title of the goods shall only pass from the Company to the Buyer upon full payment being made by the Buyer for all the goods sold under the contract. In the event of delivery of goods by instalments title to the goods comprised in each instalment shall pass to the Buyer only on payment being made to the Company for the full invoice value of that instalment. Whilst in accordance with this condition goods delivered to the Buyer remain the property of the Company, the Buyer shall nevertheless accept full responsibility for the safe custody, protection and preservation thereof including insurance and immediately upon the goods coming into the possession of the Buyer or its Agents and pending payment of the full invoice value shall be liable to indemnify the Company in respect of all loss or damage of whatsoever nature affecting the goods.

1. Suspension or Cancellation of Delivery.

If the Buyer shall fail to pay the Company on the due date any sum payable hereunder, or shall have a receiving order in bankruptcy made against him/her or make arrangements with his creditors or being a body corporate shall have a receiver appointed or if any order should be made or any resolution passed for the winding up the Buyer, the Company may without prejudice to its other rights, demand immediate payment by the Buyer of all unpaid accounts and suspend further deliveries and cancel this and any other contract between the Company and the Buyer without any liability attaching to the Company in respect of suspension or condition and debit the Buyer with any loss sustained thereby.

1. Warranties.

7.1 The Company warrants that if the Company (acting reasonably) is satisfied that the Goods are defective, and the defect had not been caused by the Buyer, the Buyer has not attempted to repair or alter the goods and the Buyer has paid in full for the goods, the Company shall make good the defect without charge by repair or replacement so long as such defect is brought to the Company’s notice within one calendar month of delivery.

7.2 Prior to agreeing that the goods are defective, the Company may in its discretion commission an independent expert to inspect the goods.

7.3 In respect of goods supplied to the Company by another manufacturer or supplier, the Buyer shall only be entitled to the benefit of such guarantee as is given to the Company by the manufacturer and /or the supplier of such goods. The Company warrants that at the Buyers expense, it shall assign to the Buyer (so far as maybe assignable) the benefit of any obligations and liabilities in respect of any defect in the goods which the Company may be owed by the manufacturer and/ or supplier of the goods, or any part.

7.4 The Company does not exclude or restrict the liability of the Company for death or personal injury resulting from negligence, or for breach of the obligations arising from section 12 of the Sale of Goods Act 1979.

7.5 Save as mentioned in clause 7, all representations, conditions, warranties and other terms, express, implied or statutory as to the nature, condition, quality, description or fitness for any purpose of the goods, and all liability of the Company however arising in respect of any of the same are hereby excluded.

7.6 Save as mentioned in clause 7.4, in no circumstances the liability of the Company to the Buyer (whether in contract or for negligence or otherwise) exceed the price of the goods received by the Company.

7.7 Save as mentioned in clause 7.4 in no circumstances shall the Company be liable for any indirect, special or consequential losses (including loss of anticipated profits) howsoever arising, even if the Company has been advised of the possibility of such potential loss.

7.8 In absence of notification by the Buyer, pursuant to this clause the Buyer shall be deemed to have accepted the goods after delivery as defined in clause 4.

8 Indemnity by the Buyer.

8.1 Subject to, and without limiting clause 7 above, the Buyer shall be solely responsible for, and shall keep the Company indemnified against all liabilities (including without limitation any under the Health and Safety at Work Act 1974 or the Consumer Protection Act 1987) incurred by the Company in relation to handling, storage, use or supply of the by the Buyer or any other person other than in strict accordance with the instructions, warnings and other written materials supplied by the Company.

8.2 The Buyer shall take all reasonable steps and such other steps as the Company may from time to time require to ensure that the goods shall be properly and safely used by the Buyer and by any other person into whose possession they may come and shall disseminate in such manner and to such people as the Company may require all information given to the Buyer by the Company about the use for which the goods have been delivered to ensure that the goods shall be properly and safely used.

8.3 The Buyer shall indemnify the Company against any claims whatsoever and all liability in respect of any infringement of patent rights resulting from compliance with the Buyers instructions express or implied.

9 Seconds. Where goods are described as, ordered as or delivered as “B Grade”, “Seconds”, “Sub-standard” then no liability whatsoever shall be accepted by the Company as to the satisfactory quality or fitness for purpose of those goods. The above in no way affects the statutory rights of the consumer.