Newline Anglia Ltd Terms & Conditions
1.1 In these conditions the following expressions shall have the following meanings:
1.1.1 “Additional Items” means the following were incurred:
(i) Packaging costs under conditions 7.3;
(ii) Any taxes (including value added tax), duties or other charges levied by any governmental or other authority in respect of or by reason of the sale, delivery, export or import of the Goods or any part thereof but excluding taxes assessed on profits or gains;
(iii) Transportation costs under Condition 7.1 where the Customer has requested express, same day, overnight delivery or any other similar service or an additional £10 where the price payable (exclusive of Value Added Tax) is £50 or less;
(iv) Storage costs under Condition 7.4;
(v) The cost of samples under Condition 3.5;
1.1.3 “the customer” means any person firm or company receiving a quotation from and/or placing an order with the seller;
1.1.5 “Goods” means all and every item of goods or part thereof supplied by the Seller and where relevant includes any work carried out by the Seller on items supplied by the Customer;
1.1.7 “Transgression” means any breach of contract or tort or any other act, default, omission or statement of the Seller, its employees, agents or subcontractors in respect of which the Seller is liable to the customer;
2.2 All brochures, catalogues, price lists, samples, particulars or dimensions and other advertising or descriptive material submitted to the Customer are intended to be approximate only and to give a general impression of the Goods. Unless expressly incorporated the same shall or form part of the Contract. In particular, price lists are only of a limited duration and Customers should check the validity of any price lists in their possession before relying on them. The Seller reserves the right to make alterations to the design specification or source of manufacture of the Goods without prior notification to the Customer provided the Goods are of equivalent quality and perform the same function.
3. QUOTATION AND ORDERS
3.2.1 The Seller may refuse to accept any order based upon a quotation if the quotation is open for acceptance in an unlimited period:
3.3 The Seller reserves the right to increase the price quoted per unit for Goods if the Customer orders less than the number of units upon which the quotation was based or if the Seller’s supplier’s price increase.
3.5 Any samples submitted with the quotation or at the Customers request must be returned within 90 days of receipt and if not so returned the cost of samples be added to the Contract price or invoiced separately.
4. PRICE, AND PAYMENT TERMS
4.2 Payment in full (without any deduction by way of set off or counter claim) for the Goods (and Additional items if any) shall be due and payable in POUNDS STERLING within 30 days end of month date of the Seller’s invoice.
4.4 The Seller reserves the right to recover from the Customer all direct expenses reasonably incurred by the Seller in the collection of any overdue sums.
4.5.2 The Customer shall indemnify the Seller against all losses sustained or extra expenditure incurred as a result of such a suspension of ordering, delivery or other work or services including a reasonable allowance for storage;
5.1.2 If the Customer obtains possession of the Goods prior to such payment, the Customer shall hold the Goods in a separate and identifiable form as bailee and fiduciary agent for the Seller;
5.1.4 The Seller shall have the right to sell the Goods once they have been repossessed under this Condition.
5.3 The Customer may contract to sell the Goods to a third party in return for valuable consideration provided
always that the Customer shall account in a fiduciary capacity to the Seller for the proceeds of sale (to the extent of the Customer’s indebtedness to the Seller) keeping the same separate and identifiable from its other monies. The Customer’s rights under this Condition 5.3 shall cease if an event specified in clause 9.1.1 occurs to the Customer.
5.5 Where the Goods are attached to either buildings or plant machinery of the Customer, the Customer agrees that it is not its intention that the Goods thereby become fixtures and fittings or part of the plant or machinery, but the Goods shall remain as chattels and be severable from the buildings or plant or machinery.
6.1 The seller shall take reasonable steps to perform its obligations and deliver within the time specified, but such times are estimates only. The Seller shall not be liable for expenses losses or damages caused by late performance or delay in delivery and delays shall not entitle the Customer to rescind the Contract.
6.3 The Seller reserves the right to make part deliveries and to submit invoices for Goods supplied as part of an order.
7. RISK CARRIAGE PACKAGING AND STORAGE
7.2 In the case of sales where the Seller delivers directly or contracts directly with the carrier then the Seller will repair or (at its option) issue a credit note in respect of Goods lost or damaged in transit (other than by default of the Customer), provided that:
7.2.2 In respect of complete non-arrival of all of the Goods comprised in the Contract notification is made to the seller within 7 days of the date of dispatch of the Goods and separately to the carrier within the period stipulated by the Carrier’s terms of carriage for claims against the Carrier; and
7.3 If it is necessary to despatch Goods in crates, cases, pallets the Seller reserves the right to charge for packaging. The amount charged for packaging will be credited in full to the Customer if the packaging is returned in good condition within 1 month of delivery.
7.5 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these conditions or any claim by the customer in respect of any one or more instalments shall not entitle the customer to treat the Contract as a whole as repudiated.
8.1 THESE CLAUSES DEFINE THE CUSTOMER’S RIGHTS IN RESPECT OF ANY LOSS OR DAMAGE CAUSED BY THE GOODS OR FOR ANY STATEMENTS MADE BY THE SELLER THEIR EMPLOYEES OR AGENTS, CUSTOMERS ARE ADVISED TO READ THESE PROVISIONS CAREFULLY.
The Seller’s prices are kept as low as practical and the circumstances of their business preclude full indemnity insurance being obtained at a price which would enable the Seller to sell Goods at a competitive price.
ACCORDINGALLY CUSTOMERS ARE ADVISED TO CHECK THAT THEY ARE COVERED BY INSURANCE AGAINST ANY LOSS OR DAMAGE THEY MAY SUSTAIN. THE SELLER DOES NOT INCLUDE ANY RESERVE FOR POTENTIAL LIABILITY.
8.2.1 notification of any defect is given to the Seller immediately upon it becoming apparent to the customer;
8.2.3 the Goods are returned to the Seller’s premises at the Customer’s expense;
8.2.5 no work whatsoever (other than normal and proper maintenance) has been carried out to the Goods or any part of the Goods without the seller’s prior written consent;
8.2.7 the defect has not arisen from a design modified by the Customer.
8.3.1 for death or personal injury to the extent that it results from the negligence of the Seller, its employees (whilst in the course of their employment) or its agents (in the course of the agency);
8.4 Subject to Conditions 8.2 and 8.3 from the time of delivery of the Goods the Customer shall be responsible for any defect in the Goods or loss, damage, nuisance or interference whatsoever consequential economic or otherwise or wastage of material resulting from or caused by or to the Goods. In particular the Seller shall not be liable for any loss of profits or other economic losses. The Seller accordingly excludes all liability for the same.
8.5 No condition, warranty or other term, express or implied (by statute or otherwise) is given by the Seller that the Goods (whether or not the Seller or its employees or agents have recommended their use) are of any particular quality or will enable the Customer to attain any particular performance or result, or will be suitable for any particular purpose or use under specific conditions or will provide any particular capacity, notwithstanding that the requirement for such performance, result or capacity or that such particular purpose or conditions may have been known (or ought to have been known) to the Seller, its employees or agents.
9.0 Please note that during the Coronavirus pandemic Newline Anglia will not be able to accept returned goods from the following PPE products: gloves, aprons, gloves and eye wear.