Conditions of Use
CENTRAL FASTENERS (STAFFS) LIMITED
(CompanyRegistration Number 03504343) of Airfield Industrial Estate, Hixon, Stafford ST18 0PF Terms and
Condition of Sale (“the seller”). Sell goods and provide services (“the goods”) to the purchaser or a representative of the
purchaser (“the buyer”) in accordance with these conditions of sale. The buyer orders the Goods (“the order”) in accordance
with these terms and conditions of sale set out in this document upon signing (“the contract”). No other variation to these
terms and conditions will be binding unless agreed in writing by letter or e-mail “(writing”) between an authorised
representative of the Buyer and the Seller. Any Goods ordered by electronically or with other media (“writing”) and verbally
either in person or by telephone (“verbally”) by an authorised representative of the Buyer shall be subject to these conditions.
1.The Seller’s employees or agents are not authorised to make any representation concerning the Goods unless confirmed in
Writing to the Seller. The Buyer acknowledges that it does not rely on any such representation that is not confirmed.
2.The Seller’s employees or agent’s advice or recommendations given to any of the Buyers representatives as to the
application, use or storage of the Goods that are not confirmed in Writing by the Seller is followed or acted upon entirely at the
Buyer’s own risk. The Buyer acknowledges that the Seller shall not be liable for any such advice or recommendation that is not
confirmed.
3.The Seller reserves the right to make any changes to the supply, specifications or applications of Goods at any time.
4. Any Order made from the Buyer that needs to be ordered in specially from the Seller’s provider may not be cancelled by the
Buyer except when agreed in Writing by the Seller. This is on the terms that the Buyer shall indemnify the Seller in full against
all loss incurred including the cost of labour, delivery, damages, materials used, handling charges and expenses by the Seller
because of cancellation.
5.When no formal acceptance is given such acceptance is deemed to have taken place if the delivery of the Goods has
commenced or been affected.
6.The price of the Goods shall be the price notified by the Seller to the Buyer plus any VAT, transport, packaging and
insurance charges that occur.
7.1. All Goods supplied by the Seller to the Buyer will be paid in advance of receipt of the Goods using bank transfer (BACS),
electronically by card and phone payment or cash. On acceptance in Writing by the by the Seller on completion of the Seller’s
account application form, the Buyer can pay for the Goods by bank transfer (BACS) within 30 days (Unless agreed otherwise
in Writing) following the end of the month of the invoice date and the Seller will be entitled to recover the price of the Goods.
The Buyers director or owner must sign to agree to these terms on the Sellers’s account application form.
7.2. Payments made by the Buyer after receipt of the Goods using credit or debit cards will incur a 2.5% plus taxes charge
which is borne by the Supplier of the credit or debit card company of the total amount paid including taxes. This will be added
to the payment at the point of payment and will be invoiced separately.
7.3. Any late or none payment breach by the Buyer of these payment terms, the Buyer shall pay an interest charge of 6% (six
percent) above the Bank of England base rate plus £40.00 per invoice for administration costs at the Seller’s discretion for any
unpaid invoices which exceed 30 days from the invoice month, commencing after 30 days within these terms and conditions
under the late payment of commercial debt (interest) Act 1998. All other legal and court costs will be settled by the Buyer of
the Goods.
8.In addition to clause 7, the Seller shall set a reasonable upper limit to the Buyer for an accumulative amount of any unpaid
Goods and the Buyer acknowledges that once this limit is exceeded that this Contract is suspended until the payment of the
Goods have been cleared.
9.The Buyer acknowledges at the Seller’s discretion (without prejudice to their rights hereunder) that when payment is
persistently being made outside the 30-day payment terms by the Buyer, unless agreed in Writing that the Seller shall be entitled
to terminate this Contract once payment is made in full for any unpaid Goods including an interest charge and any expenses
that occur. At the seller’s discretion If the average monthly purchases within a six-month period are less than £200.00 plus vat
per month on average, the Seller can terminate this contract.
10.The Seller shall (without prejudice to their rights hereunder) in the event that the doubt arises as to the Buyers solvency give
notice in Writing to the Buyer to pay within seven days the full price for the Goods supplied or for the Buyer to return the Goods
in the same condition the Goods was supplied. The Buyer grants an authorisation licence to the Seller to enter any premises
during normal business hours to recover the Goods if un-paid after the seven days period and the Seller will be entitled upon
an early appointment of the Receiver for the purpose of removing such Goods.
11.The Seller will supply invoices and monthly statements electronically. Delivery documents will be supplied either on delivery
or electronically after the delivery has been made using the Seller’s own delivery method. When a delivery has been made by
a third party this may differ and the Buyer accepts any such differences. Any copy invoice or proof of delivery can be
requested.by the Buyer or their representative only twice per invoice, statement or proof of delivery, after which the Buyer will
pay £10.00 plus taxes for each copy at the Seller’s discretion paid in advance of each issue.
12.The Buyer accepts that the availability of Goods and any delivery schedule quoted is only approximate and the Seller shall
not be liable for availability or any delay in delivery of the
Goods however caused such as shortages, damaged, or no delivery of Goods shall be reported by the Buyer in writing within 4
working days of the delivered Goods and the Buyer accepts that there is no liability to the Seller outside of the Seller only
replenishing the Goods after proof has been established. Risk of damage to or loss of the Goods shall pass to the Buyer at the
time of delivery or collection, or if the Buyer wrongfully fails to take delivery of the Goods at the time when the Seller has tendered
delivery of the Goods. When goods must be re-delivered at the Seller’s discretion because the Buyer or representative was not
available, the Buyer will pay the cost for re-delivery.
13.If the Goods are sold as a consumer transaction (as defined by the consumer Transactions (Restrictions on Statement) Order
1976) the statutory rights of the Buyer are not affected by these conditions.
14.Any warrantee claim by the Buyer must be notified to the Seller in writing (including a description of the fault), the Seller must
be allowed to inspect the Goods. (Should the Seller request) the Goods must be returned to the Seller within the Sellers providers
Warrantee period. When a valid warrantee claim is made in accordance with these conditions the Buyer accepts the Sellers
shall comply with the Seller’s providers warrantee terms and conditions and the Buyer will not hold the Seller liable.
15.Except in respect of death or injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of
any representation (unless fraudulent), or any implied warranty condition or other term or any duty at common law or under the
express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise),
costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees,
agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer, and
the entire liability of the Seller under or in connection with the Contract shall not exceed the price of the Goods, except as
expressly provided in these Conditions.
16.The Seller has priced this Contract on the basis that consequential loss has been excluded unless stated explicitly in writing
and other loss has been excluded or limited by these Terms, if the Buyer wishes the Seller to bear liability for additional loss,
the Seller shall consider doing so but on the basis that the Contract price will have to be increased to cover the increase risk,
whether or not the Seller chooses to bear it through their insurance.
17.The Buyer will not hold the Seller liable 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.
18.The Seller understands that the Buyers privacy is important and that the Buyer cares about how their business and employee’s
data is used. The Seller only collects and use personal data in ways that are described in the Sellers Privacy Policy, and in a
way that is consistent with our obligations and the rights of the Buyer under GDPR regulations. The Buyer has read and accepted
the terms of the Sellers Privacy Policy which can be viewed on the Sellers website ‘centralfasteners.co.uk/privacy-policy’.
19.This Contract will be governed by English Law in which the Buyer agrees to the jurisdiction of the English courts and the
costs will be borne equally.
