Terms and Conditions

Siteright Construction Supplies Limited (the Company”)

Terms and Conditions for the Supply of Goods

1. CONTRACT TERMS, VARIATIONS AND REPRESENTATIONS

1.1 In these terms and conditions unless otherwise stated, the following terms shall have the following meanings:

“Buyer” means the party purchasing Goods from the Company;

“Buyer’s Specification” means the specification, instruction or design for the Goods supplied by the Buyer or any third party on behalf of the Buyer;

“Company” means Siteright Construction Supplies Limited (company number 02513789) whose registered office is at 19-21 Bridge Street, Bailey Gate Industrial Estate, Sturminster Marshall, Wimborne, Dorset BH21 4DB;

“these Conditions” means these terms and conditions for the supply of Goods;

“Contract” means the contract for the sale and purchase of Goods made between the Company and the Buyer on these Conditions;

“Goods” means any goods, products and materials or any part of them offered for sale by the Company and purchased by the Buyer;

“Order” means the Buyer’s purchase order for the Goods or the Buyer’s acceptance of the Company’s quotation;

“Working Days” means Monday to Friday (inclusive) excluding all public and bank holidays.

1.2 Every Order issued by the Buyer (in whatever form) and accepted by the Company shall constitute a separate contract and constitute an offer to purchase the Goods in accordance with these Conditions.

1.3 No Order shall be binding on the Company unless such Order is accepted in writing by the Company.

1.4 No terms and conditions or contractual provisions specified or stipulated by the Buyer at any time, whether prior to or after these Conditions have been brought to the attention of the Buyer, shall be binding on the Company. It is agreed that only these Conditions apply to Contracts, and any documents emanating from the Buyer which contain the Buyer's printed or standard conditions are received by the Company strictly on the understanding that they were issued by the Buyer in the normal course and have no legal effect whatsoever, and in any event the delivery of the Goods shall amount to the unequivocal and irrevocable acceptance of these Conditions by the Buyer.

1.5 No amendment or variation of these Conditions may be made except in writing and signed by duly authorised representatives of the Company and the Buyer.

1.6 No person other than a director has authority on behalf of the Company to vary any of these Conditions, and where anything under these Conditions requires the written acceptance, approval or consent of the Company, such must be accompanied by the signature of a director of the Company.

1.7 Any descriptions, designs, prices and other information contained in the Company's catalogues, website or other advertising material shall not form a representation or be part of the Contract, and the Company reserves the right to alter or amend them at any time and without notice.

1.8 The Company sells its Goods to trade customers only, and the Buyer warrants that it is a commercial buyer and is not a ‘consumer’ as defined by the Consumer Rights Act 2015. If it is determined that the Buyer is a ‘consumer’ (as so defined), nothing in these Conditions is intended to or will limit the legal rights of the Buyer under any consumer protection legislation.

2. SPECIFICATION

2.1 The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any Order (including any applicable Buyer’s Specification) submitted by the Buyer and for giving the Company any necessary information within a sufficient time to enable the Company to perform the Contract.

2.2 The specification of the Goods supplied to the Buyer may vary from the Buyer’s Specification provided that such variations do not materially affect the quality or performance of the Goods.

2.3 If the Goods are made to a Buyer’s Specification:

2.3.1 the suitability and accuracy of the Buyer’s Specification will be the Buyer's responsibility, and the Buyer shall indemnify the Company against any loss, damage or expense in respect of any liability arising by reason of the Goods being made to the Buyer’s Specification; and

2.3.2 the Buyer will indemnify the Company against any infringement or alleged infringement of any third party's intellectual property rights and any loss, damage or expense which it may incur by reason of any such infringement or alleged infringement.

2.4 Advice given by the Company as to the use or application of any of the Goods shall be considered as suggestions only and should not be acted upon by the Buyer unless it has first had such advice reviewed and approved by its engineers.

3. QUOTATIONS, PRICES AND PAYMENT

3.1 Any prices quoted by the Company remain valid for seven (7) days unless expressly stated to be valid for a shorter or longer period. The price of any Order will be subject to change in the event that the Order is revised, modified or altered and such changed price shall become the Contract price.

3.2 The Company shall be entitled to raise its prices at any time to take account of any increase arising from (i) any error or inadequacy in any specification or instructions provided by the Buyer or (ii) currency fluctuations or any changes in exchange rates or (iii) the imposition of any import duties or government levies or (iv) any consequence of the United Kingdom no longer being a member country of the European Union or (v) any increase in the cost of raw materials that is beyond the control of the Company.

3.3 Standard terms of payment shall be payment on the placing of an Order or, in any event, prior to delivery. Where credit terms have been agreed between the Company and the Buyer, such terms shall be either that payment in full shall be made no later than the end of the month of actual or deemed delivery of the Goods (whichever first occurs) or alternatively as set out in the Company’s quotation, and the terms shall be deemed incorporated in the Order. Time for payment shall be of the essence of the Contract. The Company reserves the right to demand payment in advance of the supply of the Goods to cover the costs of any goods, products or materials being supplied or manufactured by a third party.

3.4 Without prejudice to any other rights of the Company, in the event of any late payment the Company:

3.4.1 may withhold the supply and delivery of any further Goods whether to be supplied under a current Contract or in respect of any separate or additional Contract; and

3.4.2 reserves the right to levy on all unpaid amounts interest and other charges to which it is entitled under Late Payment of Commercial Debts (Interest) Act 1998.

3.5 All prices quoted are in Pounds Sterling unless otherwise stated and are exclusive of any applicable value added tax, and the Buyer shall pay any and all taxes, duties and other government charges payable in respect of the Goods.

3.6 The Buyer shall make payment of all such sums due or to become due to the Company without any set off, compensation or deduction of any kind.

3.7 No dispute arising as to quality of the Goods or defects or omissions shall entitle the Buyer to delay payment unless the Company has agreed liability thereon in an agreed sum or shall have been found liable by a court of competent jurisdiction, and the Buyer shall not be entitled to any refund or payment for any repairs or alterations undertaken by the Buyer without the written consent of the Company.

3.8 The Company reserves the right to make an additional reasonable charge in respect of variations requested by the Buyer to the terms of the Contract or the specifications for the Goods.

4. DELIVERY

4.1 Unless otherwise agreed in writing by the Company, the Company shall deliver the Goods by the means most convenient to the Company to the delivery site specified by the Buyer at the time of placing the Order. The Company shall be entitled to add to the Contract price a reasonable charge for packaging and delivery.

4.2 The Buyer shall ensure that the delivery site is capable of access and unloading by a curtain-sided articulated lorry and, unless otherwise specified in the Order, the Buyer shall arrange suitable craneage or forklift trucks to enable unloading. It shall be the responsibility of the Buyer to notify the Company of any likely access and unloading limitations. Where access to the delivery site is deemed unsuitable or unsafe at the discretion of the delivery driver, delivery shall be deemed completed when the delivery vehicle reaches an accessible proper metalled road adjacent to the delivery site.

4.3 The Buyer is expected to commence unloading of the Goods from the delivery vehicle within half an hour of its arrival at the Buyer’s site. In the event that the vehicle is requested to wait beyond this period, the Company shall be entitled to levy a charge for waiting time of £100 per hour or part thereof. Once unloading of the delivery vehicle has commenced, completion of unloading shall take no more than one (1) hour for rigid vehicles and two (2) hours for articulated vehicles. In the event that unloading takes longer than these periods, the Company shall be entitled to levy a charge for waiting time of £100 per hour or part thereof.

4.4 If the Buyer agrees to arrange collection of the Goods, delivery thereof shall be deemed to take place when loading of the Goods on the collecting vehicle is complete or, if collection is delayed as the result of an act or omission by the Buyer or his employee or agent, at the time agreed for collection.

4.5 The Company will endeavour to comply with reasonable requests by the Buyer for postponement of delivery but shall be under no obligation to do so. Where delivery is postponed, otherwise than due to default by the Company, the Buyer shall pay all costs and expenses including a reasonable charge for storage and transportation and demurrage, and the Company shall be entitled to invoice for payment of the Contract price for the Goods.

4.6 All Goods shall be examined by the Buyer on delivery. The Company shall not be liable for claims in respect of shortage or damage in transit unless the carrier and the Company are notified in writing within two (2) Working Days. In the absence of such written notice, the Goods will be deemed to have been received in the correct quantity and free of defects which should have been apparent on inspection. Credit for shortage or damage will only be allowed where the Buyer has complied strictly with this Condition.

4.7 All Orders are subject to a tolerance of plus or minus five percent (5%) of the quantity ordered. The Company shall be deemed to have fulfilled its contractual obligations if the Goods delivered fall within this tolerance. Where the price of the Goods are charged on a rate per tonne basis, the theoretical weight of the Goods on the upper limit of the permitting rolling tolerance will be used as the means of calculation and the calculated weight rounded upwards to two (2) decimal places for invoicing purposes.

4.8 While the Company will endeavour to deliver the Goods by the date agreed upon, such date will be an estimate only given in good faith, and the Company will not be liable for any failure to deliver the Goods by such a date. In any event, the Company shall bear no liability where delivery is delayed by events outside the Company’s control, including without limitation delays caused by the United Kingdom no longer being a member country of the European Union. Time for delivery or performance shall not be of the essence of the Contract.

4.9 Where the Goods are to be delivered in instalments, failure by the Company to deliver any one or more of the instalments shall not entitle the Buyer to cancel any other instalment or to treat the Contract as a whole as repudiated.

4.10 If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions or fails to make the site to which the Goods are to be delivered ready and prepared for delivery then, without prejudice to any other right or remedy available to the Company, the Company may at its option:

4.10.1 defer the date of delivery and, where necessary, store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or

4.10.2 terminate the Contract and thereafter sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.

5. TITLE

5.1 Title to the Goods will not pass until such time as payment is made in full to the Company, both of all sums and debts due under the Contract and of all other sums at the time owed by the Buyer to the Company.

5.2 Until title to the Goods passes to the Buyer, the Buyer shall keep the Goods in good condition and store them separately from any other property in its possession so that the Goods are readily identifiable and separable from any other goods stored at the Buyer’s premises or otherwise in its possession and insure the Goods for their full replacement value.

5.3 If the Company delivers the Goods to the Buyer prior to payment and the Buyer sells the Goods to a third party, the Buyer shall make such sale only as trustee for the Company, and the proceeds of that sale shall be identified and kept separate from the Buyer’s general bank accounts as monies to be held upon trust and payable on demand to the Company.

5.4 If before title to the Goods passes, there occurs any of the events listed in Condition 8.3, or the Company reasonably believes that any such event is about to happen and notifies the Buyer accordingly, then, provided that the Goods have not been irrevocably incorporated into another product and without limiting any other right or remedy the Company, the Company may at any time require the Buyer to deliver up the Goods and, if the Buyer fails to do so promptly, enter any premises of the Buyer or of any third party where the Goods are stored in order to recover them.

6. RISK IN THE GOODS

The risk of loss or damage to the Goods shall pass from the Company to the Buyer on delivery to or collection by the Buyer.

7. LIEN

The Company shall have and be entitled to a first and general right of lien over all or any Goods or other items of the Buyer from time to time lawfully in its possession (or that of its employees or agents) and that in respect of all monies outstanding at any time by the Buyer to the Company.

8. TERMINATION OR CANCELLATION

8.1 For the purposes of this Condition 8, “an intervening event” shall mean any event as described in Condition 8.3.

8.2 If there shall be an intervening event:

8.2.1 the Company may at its option cancel any deliveries, stop any Goods in transit and/or treat the Contract as terminated but without prejudice to its rights to the full purchase price for Goods delivered and damages for any loss suffered in consequence of such termination; and

8.2.2 the Buyer shall immediately on the occurrence of any of the events set out in Condition 8.3 identify the Company’s Goods or any part of them and return them or make them available to the Company for collection.

8.3 An intervening event shall be any of the following:

8.3.1 failure by the Buyer to make any payment when it becomes due;

8.3.2 breach by the Buyer of any of the terms or conditions of the Contract;

8.3.3 the Buyer's proposal for or entry into any composition or arrangement with creditors;

8.3.4 the presentation against the Buyer of any petition for a bankruptcy order, administration order, winding-up order, or similar process;

8.3.5 the appointment of an administrative receiver or receiver in respect of the business or any part of the assets of the Buyer;

8.3.6 where the provider supplying trade credit insurance cover to the Company in respect of the Buyer’s purchase of Goods declines to give or has withdrawn cover; or

8.3.7 the Company forming the reasonable opinion that the Buyer has become or is likely in the immediate future to become unable to pay its debts or the Buyer being a partnership has any partner to whom any of the foregoing apply.

8.4 Cancellation by the Buyer will only be accepted at the discretion of the Company and in any case on condition that any costs or expenses incurred by the Company up to the date of cancellation and all loss or damage resulting to the Company by reason of such cancellation will be paid by the Buyer to the Company forthwith. Acceptance of such cancellation will only be binding on the Company if in writing and signed by an authorised signatory of the Company.

8.5 Any costs incurred by the Company due to cancellation, suspension or deferment of any Order by the Buyer or in the event that the Buyer defaults in collecting, or giving instructions for the delivery of, any Goods will be payable by the Buyer forthwith on demand.

9. QUALITY

9.1 The Company warrants that on delivery or collection, the Goods shall conform in all material respects with the description and specification in the Company's technical literature which is available on request. The Buyer shall be solely responsible where the Goods are handled, used or applied in a manner that is contrary to the Company's published advice on the Goods.

9.2 The Company will use its reasonable endeavours to pass on to the Buyer the benefit of warranties and guarantees given by the manufacturer or supplier of the Goods.

9.3 Where the Goods are faulty due to sub-standard materials or workmanship and provided that the Buyer gives notice in writing to the Company within ten (10) Working Days of delivery, then, save as otherwise provided in these Conditions, the Company's liability shall be limited to (in its discretion) replacing or repairing or paying for the repair or replacement of such Goods or making such refund of the Contract price as is reasonable in the circumstances (given the nature of the faults or defects and the extent to which the Buyer is able to use and have the benefit of the Goods).

9.4 Where the Buyer gives notice of a fault or defect in accordance with these Conditions, the Company shall be given a reasonable opportunity to examine the Goods.

9.5 The Company shall not be liable under this Condition 9 or otherwise if:

9.5.1 the Buyer makes any further use of such Goods after giving notice in accordance with Condition 9.3; or

9.5.2 the fault or defect arises because the Buyer failed to follow the Company's instructions as to the storage, application, care and use of the Goods or (if there are no such instructions) good trade practice; or

9.5.3 the fault or defect arises as a result of the Company following the Buyer’s Specification; or

9.5.4 the Buyer incorrectly uses or alters, modifies or repairs the Goods without the written approval of the Company; or

9.5.5 the Buyer fails or refuses the Company access to examine the Goods in accordance with Condition 9.4; or

9.5.6 the defect arises as a result of fair wear and tear, wilful damage or negligence by any person other than the Company or its employees, agents or sub-contractors, or abnormal or inappropriate storage or working conditions.

9.6 Any film of rust or mill scale on the Goods supplied shall not constitute grounds for rejection, and entitlement to reject any part of a consignment shall not be grounds for rejecting the whole consignment.

10. LIMITATION OF LIABILITY

10.1 The Company will have no liability for damage in transit, shortage of delivery or loss of Goods unless the Buyer has complied strictly with the provisions set out in Condition 4.7.

10.2 The Company will have no liability for sub-standard materials or workmanship unless the Buyer has complied strictly with the provisions set out in Condition 9.3.

10.3 Unless otherwise stated, and except as provided in this Condition 10 or in respect of any warranty or term implied by law and which by law cannot be excluded, the Company gives no warranty, guarantee, representation or undertaking, whether express or implied, regarding the condition or quality or permitted use of the Goods and all such warranties, guarantees, representations and/or undertakings are to the maximum extent permitted hereby excluded.

10.4 Except to the extent implied by law, the Company shall not under any circumstances be liable to the Buyer for any indirect or consequential or punitive loss including without limitation financial loss, penalty payments of any nature, loss of profits, loss of property or property damage, loss of contracts, loss of business or revenue, or the payment of any charges, compensation payments or costs and expenses whatsoever, loss of production or anticipated savings or income. Where any person, firm or company by whom the Company is or has been supplied with Goods validly excludes limits or restricts his or its liability to the Company, then the liability of the Company shall be correspondingly excluded, limited or restricted.

10.5 Nothing in these Conditions shall exclude the Company’s liability for death or personal injury to any person caused by the negligence of the Company or its employees, agents or sub-contractors.

11. FORCE MAJEURE

The Company shall be entitled to cancel or suspend the Contract and/or the sale and supply of the Goods without liability for loss or damage if performance of its obligations is prevented or in any way adversely affected by reason of any act or occurrence beyond its reasonable control including, without prejudice to the foregoing generality, fire, accident, failure of suppliers or sub-contractors, delays or issues with the supply of services or materials from third parties that are beyond the control of the Company, strike, riot or civil disturbance, statutory enactment or act of God.

12. GENERAL

12.1 Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.

12.2 The headings to the paragraphs of these Conditions are for ease of reference only and shall not affect the interpretation or construction thereof.

12.3 If any provision of these Conditions is or becomes illegal, void or unenforceable for any reason, the validity of the remaining provisions shall not be affected.

12.4 Failure by the Company to enforce strict compliance with these Conditions by the Buyer will not constitute a waiver of any of the provisions of these Conditions.

12.5 Nothing in the Contract shall be construed so as to give any right to any party who is not a party to it whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise, subject to the Buyer’s right to seek damages directly from any supplier to the Company of Goods which have been found to be defective or which do not meet recognised British standards.

 

12.6 The Contract and these Conditions shall be governed by the laws of England and Wales, and the Company and the Buyer hereby agree to be subject to the exclusive jurisdiction of the courts of England and Wales.

 

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