CONDITIONS OF TRADING
In these conditions “the Seller” means D R Services (London) Ltd., “the Buyer” means the party to whom this document is addressed and these definitions shall apply whether the transaction is for the supply of goods or for the provision of services or both for the supply of goods and the provision of services.
2. Reports and Recommendations
The seller accepts no liability in respect of any report or scheme submitted to the Buyer where no specific charge is made for such a report recommendation or scheme. Where such a charge is made, the Seller’s liability shall be limited as in hereafter provided.
Prices quoted are based on costs ruling at the date of the contract and any variation in the cost of materials, labour, and service shall be for the Buyer’s account if and to the extent that such a variation occurs between the date of the contract and the dates when the materials, labour or services are supplied, employed or provided. The Seller is entitled to charge for any additional costs caused by any variation in the original contract or for any costs caused by the Buyer’s failure to give required instructions or to accept materials or services when they are due to delivery or performance.
All first orders will be processed on a pro-forma basis. Upon completion and full payment an account may be applied for. Account customers shall pay the full price of the goods to the Seller within 30 days of the date of the Seller’s invoice, which the Seller shall be entitled to render when it is able to deliver the goods, even though delivery is in fact delayed through no fault of the Seller. If any sums are not paid on the due date, the Seller shall have the right to claim interest on the outstanding sum at a rate of 8% over National Westminster Bank plc base lending rate from the due date until payment. Should the credit rating of the customer, as stated by our insurers, change in the time between quotation and delivery we reserve the right to payment in full before delivery of the goods.
All orders of £500.00 net value and over will be delivered “carriage paid” to all parts of the UK mainland except the Channel Islands and Scottish Isles. Requests for special transport will be for the Buyer’s account.
The Seller accepts no responsibility for any loss or damage resulting from delay in supplying goods or services or for their non-supply, and any dates for delivery shall be regarded as estimated only.
Non-delivery of materials must be reported within 10 days of consignment/invoice date to allow for recovery. Failure to comply may leave this responsibility with the Buyer.
6. Force Majeure
If the supply of goods or services is delayed or prevented by any reason whatsoever outside the reasonable control of the Seller, the period for completion of the contract shall be extended to such an extent as is reasonable having regard to the circumstances.
Where the Seller is required to perform work on or to deliver to the Buyer’s premises or premises specified by the Buyer, the Seller shall be given uninterrupted access and reasonable facilities during normal working hours (Mon-Fri 8.00am-4.30pm) for the performance of the contract and the Buyer shall accept delivery of, unload, provide suitable protection for and keep secure all materials and goods delivered from time to time.
8. Risk and Property
Risk in the goods shall be passed to the Buyer on delivery.
Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received full payment of the full price of (a) all Goods and/or Services the subject of the Contract and (b) all other goods and/or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under the terms of this and all other contracts between the buyer and the seller.
Payment shall be deemed to have been made when cash has been handed to the Seller or the amount of any cheque has been credited to the Seller’s bank account and cleared by the Buyer.
Until such payment the Buyer acknowledges that they are in full possession of the goods as the sellers bailee. The Buyer shall store the goods separately from their own goods or those of any other person and in the manner which makes them readily identifiable as the Seller’s goods and shall endorse a memorandum on the Buyer’s accounts referring to the Seller’s title in the goods.
If the payment is overdue the Seller may without prejudice to any of their other rights recover and/or resell the goods and the Buyer hereby irrevocably licenses the Seller or their agents to enter upon any premises where they are stored or where they are reasonably thought to be stored for the purpose of recovery and/or resale.
Payment shall become due immediately upon the commencement of any act or proceedings in which the Buyer’s solvency is involved.
In the event of the Buyer purporting to sell the goods to a third party before payment has been made to the Seller any such proceeds of the sale shall be received and held by the Buyer as the Seller’s agent. The Buyer therefore acknowledges and agrees to stand in a fiduciary relationship to the Seller and must strictly account to the Seller the proceeds thereof.
Any plant or equipment provided by the Seller in relation to the performance of the Seller’s obligations hereunder is provided exclusively for the use of the Seller or its agents and employees and any other person using such plant or equipment does so at the Buyer’s risk. The Buyer indemnifies the Seller against any claim made against the Seller in respect of the other use of such plant or equipment other than as aforesaid.
Every sale or contract shall be deemed to include the implied undertakings of as to the title referred to in Section 12 of the Sale of Goods Act 1979
An area of “off street” parking will be required at all times of working/unloading. Any associated costs incurred by us due to the unavailability of such (i.e. parking meters, car parks, etc.) will be charged accordingly.
12. Site Works
Our quotation does not include for the protection of our works at any stage during the contract or on completion, this is to be provided by the main contractor at his expense.
Silicone jointing is to be carried out in a dust free environment. We will not accept responsibility for defective silicone works should we have been requested to carry out these works in an inferior environment.
Should our fitters attend site to carry out installation works and the area of working not be ready, we shall charge a “one-off” cancellation charge of £300.00 per day of occurrence.
13. Congestion charge zone
Should visits to site be requested and this includes travel within the congestion charge zone, these costs will be passed onto the customer and separately itemised on the invoice.
14. Intellectual property rights
The company retains all Intellectual Property Rights for methods, designs, techniques and product use, whether specifically applicable to a particular installation or generally usable across the trade.
15. The Seller reserves the right to use anonymously any photographs that we have taken of installations, complete or otherwise, for internal use or for promotion and advertising, of the Seller’s products, services and installations.
D R Services (London) Ltd reserve the right to alter, amend or change any of the information or details shown within this web site or any other publication without prior notice. D R Services (London) Ltd will not accept liability or responsibility for any errors within this web site and will not accept any claims against the company for incorrect use or specification of product from this web site or any other publication.