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Brisko Scaffolding Ltd T/A Brisko Metal Resources

GENERAL TERMS AND CONDITIONS OF SALE

  1. 1. DEFINITIONS

    In the Conditions the following words have the following meanings

    Company shall mean Brisko Scaffolding Limited whose registered office is Unit 16, Kingsmill Business Park, Chapel Mill Lane, Kingston Upon Thames, Surrey, KT1 3GZ

    Contract shall mean any contract between the Company and the Customer for the sale and purchase of the Goods, incorporating these Conditions

    Customer shall mean the person or persons or firm or Company to whom any quotation is addressed or with whom any contract is made including in every case, the principal for whom the Customer is contracting (even if the Customer's obligation to disclose in accordance with paragraph 4 below is not observed)

    Director shall mean an individual listed as a Director at Companies House

    Goods shall mean the goods or any part thereof agreed to be sold as described on the face hereof or any replaced items or part

    Delivery date shall mean the date appearing on the face of this document or otherwise the date notified to the Customer as to when the goods are ready for despatch exworks but awaiting delivery instructions.

    Call off orders shall mean orders taken from a customer on a back to back basis and with an agreement to deliver them over a period of time.

  2. 2. PRIORITY OF TERMS

    1. (a) If on any point these General Terms and Conditions of Sale are inconsistent with the express terms of the Contract made these terms shall prevail, except so far they are expressly varied by the Company and such variations or reference thereto appear in writing on this document.
    2. (b) Where, at the request of the Customer, goods are despatched before receipt by the Company of written or telex instructions or confirmation, only the terms, prices etc. on the written memoranda etc., of the Company shall apply to this Contract.

  3. 3. APPLICATION TO OTHER CONTRACTS

    If subsequent to a Contract in which these conditions are incorporated, any contract of sale is concluded or amended with the same Customer by written order, telex or orally or by a combination of these without express reference to these general conditions it shall be a term of such contract that these general conditions of sale apply to such contract and the customer shall be deemed to have accepted and had notice thereof.

  4. 4. DISCLOSURE OF PRINCIPAL

    No Customer shall contract for an unnamed Principal.

  5. 5. PRICES

    1. (a) Except as varied expressly in the Contract prices are quoted ex the Company's warehouse and are those ruling at the date of delivery.
    2. (b) The Company may add to the prices quoted in the Contract a sum sufficient to compensate the Company for increases in the cost of supplying the goods occurring after the date of the quotation (including increases in the cost of labour, raw materials, bought in parts, transport and overheads and the Company's profit margin).
    3. (c) If work is delayed or suspended due to Customer's instructions, lack of instructions or failure to supply specifications or parts, or other particulars vital to the contract, additional charges may be made.
    4. (d) All prices are subject to the addition of Value Added Tax (where applicable).

  6. 6. PAYMENT

    1. (a) Except in the case of Customers with a pre-agreed credit facility, the Goods shall be paid for in full prior to delivery and/or commencement of work by the Company, or on collection, as may be agreed by the Company.
    2. (b) The Company may, in its sole discretion, agree with a Customer a credit facility, in which event, subject to the Customer's compliance with these Conditions:
    3. (c) The Company will manufacture and supply Goods of an invoice value up to the limit of the agreed credit.

    4. (d) If the Customer's credit limit is exceeded manufacturing and supply may be suspended until the Customer's credit is reduced below the limit or the Company may terminate all contracts between the Customer and the Company.
    5. (e) The Company will invoice the Customer upon delivery of the Goods and the invoice will be payable by the end of the second month following the date of the Company's invoice in respect of the Goods
    6. (f) The Company may in its absolute discretion withdraw or reduce a Customer's credit facility at any time for any reason in which event Condition 6 (a) shall apply to all pending orders.
    7. (g) If the Customer fails to pay for the Goods or any other goods supplied by the Company by the due date the Company may:-
      1. (i) Charge interest on overdue invoices at the rate of 3% per month calculated on a daily basis from the due date, provided that the Company reserves the right to claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
      2. (ii) Withhold manufacture or supply of any goods due to the Customer.
      3. (iii) Appropriate any payment made by the Customer to such of the Goods (including goods supplied under any other contract with the Customer) as the Company may in its sole discretion think fit.
      4. (iv) Require immediate payment in respect of all goods delivered to the Customer notwithstanding any other payment terms that may have previously applied.
    8. (h) Terminate any or all contracts between the Company and the Customer.
    9. (j) The Customer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set off or counterclaim for any reason whatever.
    10. (k) In addition to any right of lien to which the Company may by law be entitled the Company shall be entitled to a general lien on all goods of the Customer in the Company's possession (even if such goods or some of them may have been paid for) for the unpaid Price of the Goods.
    11. (l) The Company shall have the right of set off for amounts owed to the Customer against amounts owed by the Customer.
    12. (k) If the Company has to resort to legal proceedings to recover the Price or part thereof from the Customer, the Company reserves the right to charge interest as above and its legal fees and disbursements.

  7. 7. CALL OFF ORDER

    1. (a) If you fail to make arrangements for the delivery or collection of goods subject to a call off order, we reserve the right to:
      1. (i) Invoice for the goods that should have been delivered at the specified time, or
      2. (ii) Invoice you for a proportion of the goods based on the value of the call of order and the time that has elapsed from the order, or,
      3. (iii) If no delivery dates are specified in the order the dates that delivery shall fall due will be construed as the last day of the month following the order for the purpose of the above calculations and,
      4. (iv) store the goods in accordance with clause 15
    2. (b) If such action is taken you will be responsible for the costs of storage, any redelivery, or administration costs incurred.

  8. 8. DELIVERY DATE & RISK

    1. (a) Delivery is to take place ex the Company's warehouse or as may be specified in the Company's quotation or acceptance of orders unless otherwise specified by the Company and the risk of damage to or destruction of the Goods shall thereupon pass to the Customer. Where delivery is delayed due to any act of the Customer for whatever reason, such risk shall pass on the date on which delivery would have taken place but for such act.
    2. (b) Unless expressly agreed otherwise, any delivery date or delivery period, whether stated in the contract or notified to the Customer is an estimate only and the Company shall not be liable for any loss or damage whatsoever caused by failure to make delivery on such date or within such period. Time shall not be the essence of the Contract, nor may it be made so.
    3. (c) Each part delivery or instalment of the goods shall be deemed to be sold under a separate contract and no default by the Company in respect of any part delivery or instalment shall entitle the Customer to treat the Contract as repudiated in regard to any balance or instalment remaining deliverable.
    4. (d) Otherwise than by express agreement or negotiation, the Company reserves the absolute right to refuse cancellation in whole or part by the Customer at any time of any order once his order number has communicated to the Company orally, by telex or by official written order.
    5. (e) The Customer waives the right to deny delivery has taken place when a delivery note identifying the Goods has been signed on behalf of the Customer

  9. 9. RESERVATION OF TITLE

    Until full payment has been received by the Company for all goods whatsoever supplied (and all services rendered) at any time by the Company to the Customer.

    1. (a) Property in the goods shall remain in the Company.
    2. (b) Should the goods (or any of them) be converted into a new product, whether or not such conversion involves the mixture of any other goods or thing whatsoever and in whatever proportions, the conversion shall be deemed to have been effected on behalf of the Company and the Company shall have the full legal and beneficial ownership of the new products, but without accepting any liability whatsoever in respect of such converted goods in relation to any third party, and the Customer hereby indemnifies the Company in relation thereto.
    3. (c) Subject to (d) and (e) below, the Customer shall be at liberty to sell the goods and the new products referred to in (b) above, onlyin the ordinary course of business on the basis that the proceeds of sale shall belong to the Company to whom the Customer shall account.
    4. (d) The Company may at any time revoke the Customer's power of sale by notice to the Customer if the Customer is in default in the payment of any sum whatsoever due to the Company (whether in respect of the goods or any other goods supplied or services rendered at any time by the Company to the Customer) or for any other reason whatsoever or if the Company has any bona fida doubts as to the solvency of the Customer.
    5. (e) The Customer's power of sale shall automatically cease if a Receiver is appointed over any of the assets, or the undertaking of the Customer or a winding up order is made against the Customer, or the Customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or causes a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy or allows execution to be levied against its or his goods.
    6. (f) Upon determinations of the Customer's power of sale under (d) or (e) above, the Customers shall place the goods and the new product at the disposal of the Company who shall be entitled, using such force as is reasonably necessary to enter upon any premises of the Customer for the purpose of removing such goods and new products and to remove such goods and new products from the premises (including severance from the realty where necessary).

  10. 10. DEFECTIVE GOODS

    1. (a) the Company shall not be liable for injury, loss of profit, damage to plant or for any expenditure incurred on goods supplied or any consequential or special loss or damage sustained by the Customer by reason of any breach of the Contract by the Company.
    2. (b) Goods admitted by the Company to be defective shall at the option of the Company be credited or replaced free of charge and shall not form the subject of any claim for work done by the Customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects. Defects in quality or dimensions in any delivery shall not entitle the Customer to cancel the remainder of the delivery, order or contract.
    3. (c) The undertaking given in paragraph (b) of this clause is subject to the provisions of the clauses 13 and 14 below and to the following conditions:-
      1. (i) That the Customer shall return the defective part or parts of the Goods to the Company's works or to such other place as the Company may specify as soon as after discovery of the defect as is reasonably practicable and in any event, not later than 28 days after discovery of the defect but providing notification is given in accordance with clause (12) below.
      2. (ii) That the cost of transporting the defective part or parts of the goods to and from the Company's works shall be paid by the Customer.
      3. (iii) That the Customer shall give written notice to the Company specifying the nature of the defects and part or parts of the goods so returned.
      4. (iv) That the goods had been used and maintained properly and carefully and in accordance with any instructions issued by the Company.
    4. (d) The undertaking contained in paragraph (b) of this clause does not apply to goods or any parts of goods not manufactured by the Company, in the case of such goods, the Company will use its best endeavours to pass onto the Customer the benefit of any guarantee, condition warranty received by the company from the manufacture of such goods but the Company shall be under no liability whatsoever for any defect in such goods.
    5. (e) In the case of a part or parts being replaced under the provisions of this clause the original of such part or parts shall become the property of the Company without payment.
    6. (f) Save as above provided the company shall be under no liability by reason of the manufacture, sale or delivery of any goods which do not comply with, or have not been made to comply with the specification or description applicable to this contract, and the Customer accepts the Company's alternative above in lieu of any remedy or right he might otherwise have in respect of such delivery notwithstanding that failure to provide goods which comply with the contract, or which have been made to comply, be due to negligence on the part of the Company, its servants, agents, subcontractors or others.
    7. (g) No claim for shortage or rejection for any reason will be considered unless notice is given to the Company within 24 hours and confirmed in writing within five days of the date of its advice note and the company, if it so requests, is given a reasonable opportunity of inspecting the materials before being used, processed or sold.

  11. 11. TEST CERTIFICATES

    Where the Customer requires a Test Certificate of any type, a charge will be made in accordance with the Company's scale of charges currently in force. In the event of no request for a Test Certificate having been made prior to the despatch of the goods, the Company shall be under no obligation to supply such certificates, and if in these circumstances the Company shall agree to supply, it shall be entitled to request the return of the goods entirely at the Customer's expense, in order that proper identification may be made.

    Where the Customer's order specifies that the Company's invoices will not be approved for payment until Test Certificates have been received and for reasons outside the Company's control this is not possible, these General Terms and Conditions overrule such stipulation and the Customer is under the obligation laid down in 5 (e) above with regard to settlement.

  12. 12. EXCLUSIONS

    1. (a) Subject to Clause 10 hereof, all conditions and warranties in respect of the Goods relating to quality, fitness for purpose merchantability or otherwise, whether implied by statute or by common law or otherwise are hereby excluded.
    2. (b) Without prejudice to the generality of the foregoing any warranty or condition as to performance or suitability for any particular purpose of the Goods, and in particular any warranty or condition that the specification design or other details of the Goods will meet any particular requirements of any national or local authority or regulations or bye-laws affecting the same, except as agreed in writing with the Customer, in respect of any such requirements regulations or bye-laws notified to the Company by the Customer on or before the making of the contract, is hereby excluded.

  13. 13. PRODUCT LIABILITY AND CONSEQUENTIAL LOSS

    In no circumstances whatsoever shall the Company be liable in contract or tort or otherwise for any consequential or indirect damage or loss, howsoever caused.

  14. 14. DAMAGES

    In any event, the Company's liability to the Customer in respect of the consequences of any breach or non-performance of this contract, howsoever caused or arising shall be limited to the price of the Goods.

  15. 15. STORAGE

    1. (a) If you fail to collect the goods as arranged, do not accept delivery for any reason, or fail to give the Company delivery instructions, we will store the goods at your expense at a location solely determined by the Company
    2. (b) Our current Storage charge are available on request, and are subject to change.
    3. (c) If you fail to arrange delivery or collection of the goods we shall
      1. (i) Send the customer a notice as to their obligation to collect the goods and a reasonable time for them to affect such action. The period shall be detailed in the notice.
      2. (ii) Details of where the goods are stored
      3. (iii) Details of any outstanding monies owed in respect of the notice and the time the notice is sent
      4. (iv) The notice may be served by post, delivered to the customers registered office or trading address, or emailed to the customer,
      5. (v) You will be responsible for any charges that fall due under clause 7.
    4. (d) If you fail to make arrangements for delivery of/collection of the goods subject the notice served under clause 8(c) we will
      1. (i) Serve a further notice containing the same information as in clause 8 (c)
      2. (ii) Give notice of our intention to dispose of/sell the goods if them remain uncollected or not delivered, and the date of such intended disposal/sale

  16. 16. ALTERATIONS AND IMPROVEMENT

    1. (a) The Company or its sub-contractors may carry out without notice to the Customer alterations or improvements in materials or methods of manufacture from time to time and may substitute other reasonably similar parts for any proprietary or special parts ordered by the Customer which the Company or its sub-contractors consider to be unprocurable in sufficient quantities or unprocurable in sufficient time or procurable with difficulty or at an excessive cost.
    2. (b) Further the Company may supersede materially alter or abandon the design or type of Goods contracted for, any may substitute another design or type, in exercising this right the Company shall give written notice to the Customer and the Customer may within 14 days after such notice is given, terminate the Contract by giving notice to the Company. If the Contract is so terminated no claim for loss or damage may be made.
    3. (c) If in the opinion of the company there is no design or type which could reasonably be substituted under sub-clause (b) of this clause the Company's obligation to complete performance of the contract shall be suspended until such time as a substitute therefore can be found and becomes available.

  17. 17. FORCE MAJEURE

    If the event of any delay affecting the performance of the Contract by reason of any cause arising from or attributable to acts, events, the non-occurrence of events, omissions or other accidents or matters beyond the reasonable control of the Company, including but not limited to the following matters, whether affecting the Company's own operation or those of any supplier, sub-contractor or transport contractor:-

    1. (i) Strikes, lock-outs or any other labour disputes (regardless of the reasonableness of the demands of labour or management or shortage of labour).
    2. (ii) Civil Commotion, riots, invasion, war or a warlike state (whether war be declared or not) or the breaking off of diplomatic relations or sabotage.
    3. (iii) Fire, explosion, storm, flood, earthquake, fog, subsidence, epidemics.
    4. (v) voluntary or mandatory compliance with any directions or orders of any person having or appearing to have authority of the Government, whether local or national for defence or other statutory or national purposes.
    5. (vi) Inability, difficulty or delay in obtaining shortages of suitable raw materials equipment, fuel, power, components or transportation the Company shall be under no liability for loss or injury suffered by the Customer thereby, and the contract shall be suspended during such delay upon the cessation of the cause of the delay the contract shall again become operative, provided that if as a result of such delay a modification of the terms of the contract or a cancellation thereof is requested by one party and it is reasonable that such modification or cancellation should be made the contract shall be so modified or cancelled and in the case of cancellation a proper proportion of the price shall be paid for any expenditure incurred by the Company or any benefit conferred upon the Customer.

  18. 18. INDUSTRIAL PROPERTY, DESCRIPTION, TRADE MARKS ETC.

    The Customer shall indemnify the Company from all claims, demands, damages, penalties, cost, expenses or liability in respect of the infringement of any letters, patents, description, registered names, trade marks, design, design-copyright copyright or other industrial property right or breach of confidence (not being a breach by the Company), resulting from or arising in the performance of this Contract or of any Contract in accordance with the terms of this Contract. The Company does not warrant that the supply or use of goods in the United Kingdom or elsewhere is not an infringement of rights of third parties in industrial property.

  19. 19. MISCELLANEOUS

    If any of these conditions or any part of one of these conditions are rendered void by any legislation to which it is subject, it shall be void to that extent and no further. If any of these Conditions or any part of one of these conditions is rendered unenforceable by any legislation to which it is subject, it shall be unenforceable to the extent that it is not a fair or reasonable one to be included but no further.

  20. 20. LEGAL CONSTRUCTION

    Unless otherwise agreed in writing, this Contract shall in all respects be construed and governed by the law of England and the Customer submits to the jurisdiction of the Courts of England.

  21. 21. WAIVER

    The rights of the Company shall not be prejudiced or restricted by any indulgence or forbearance extended by the Company to the Customer and no waiver by the Company in respect of any breach shall operate as a waiver in respect of any subsequent breach.

  22. 22. LIEN

    In addition to any right of Lien which the Company may have by law, the Company will also have a general Lien in the event of the Customer's insolvency or liquidation over all goods belonging to the Customer then in the Company's possession for the unpaid price of goods sold and delivered by the Company to the Customer on the same or any other Contract and for any other money than owed by the Customer to the Company.

  23. 23. DETERMINATION

    23.1 INSOLVENCY

    If the Customer

    1. (a) has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Customer or notice of intention to appoint an administrator is given by the Customer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolutions passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or
    2. (b) suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or
    3. (c) Encumbers or in any way charges any of the Goods;

    then the provisions of Condition 21.2 shall apply.

    23.2

    In the event of any of the circumstances under clause 23.1 arising then:

    1. (a) the Company may terminate the Contract or suspend further deliveries under the Contract.
    2. (b) if the Goods have been delivered but not paid for, the Price shall become due immediately regardless of any previous agreement to the contrary.
    3. (c) the Customer's right to possession of the Goods shall terminate immediately.

  24. 24. GENERAL

    1. (a) The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
    2. (b) The Company has the right to revise and amend these Conditions from time to time to reflect changes, including without limitation, in market conditions affecting our business, changes in technology, changes in prices and payment methods, changes in relevant laws and regulatory requirements and changes in the Company's system's capabilities.
    3. (c) in entering into a Contract, neither party has relied on any representation, undertaking or promise given by the other or which can be implied from anything said or written in negotiations between the parties prior to such Contract except as expressly stated in these Conditions.

    If the buyer shall make default in or commit a beach of this or any other contract with the Company or of any other of his obligations to the Company, or if any distress or execution shall be levied upon the Company's property or assets or if the Customer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if a petition or receiving order in bankruptcy shall be presented or made against him or if the company is a Limited Company and any resolution or petition to wind up such Company's business (other than for the purpose of amalgamation or reconstruction) shall be passed or presented or if a receiver of such Company's undertaking property or assets or any part thereof shall be appointed, the Company shall have the right forthwith to determine any Contract then subsisting and upon written notice of such determination being posted to the Customer's last known address any subsisting Contracts shall be deemed to have been determined without prejudice to any claim or right the Company may otherwise make or exercise and without compensation to the Customer.

DATA PROTECTION ACT 1998 if you are an unincorporated sole trader or partnership

Using information about you:

  1. 1. Brisko Scaffolding Limited ("BSL") will store and process information obtained by us or which is given by you in your dealings with us on the BSL computers and in any other way. This will be used by us for training purposes, credit or financial assessments and analysis (including credit scoring, market and product analysis), recovering monies and preparing statistics. We may also use such information to prevent fraud, bad debts and money laundering.
  2. 2. Telephone calls may be monitored and/or recorded for training and security purposes.
  3. 3. BSL may give information about you and how you manage your account to the following:-
    1. (a) credit reference agencies who may use and give out information for credit assessments and to prevent fraud;
    2. (b) people who provide a service to them (including insurers) or are acting as BSL's agents on the understanding that they will keep the information confidential;
    3. (c) anyone to whom they transfer or may transfer their rights and duties under their agreement with us; BSL may also give out information about you if they have a duty to do so or if the law allows them to do so.
  4. 4. BSL may make searches about you at their credit reference agencies who keep a record which may be seen by other parties to make credit decisions.
  5. 5. If you want details of the credit reference and other agencies referred to above please contact the IT Manager at BSL, Units 16, Kingsmill Business Park, Chapel Mill Lane, Kingston Upon Thames, Surrey KT1 3GZ on 0208 9746923
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