& Conditions of Sale
In these conditions
the term “the Seller” shall mean T. Allen Stockholders Limited,
“the Buyer” shall mean any person, firm or company placing an
order with the Seller and “the Goods” shall mean all or any of
the products which are the subject of a contract between the
Seller and the Buyer. The “Producer” shall mean the Mills who
produce the raw material.
Incorporation Of Conditions
All contracts entered
into between the Seller and a Buyer shall be deemed to
incorporate these conditions and no amendment or addition shall
be binding on the Seller unless agreed in writing by an
authorised representative of the Seller.
All disputes arising
out of or in connection with this contract shall be governed by
Acceptance Of Order
Acceptance of the
Buyer’s order is subject to supplies being available and unsold.
An order once placed on the Seller cannot be cancelled deferred
or altered by the Buyer except by mutual agreement.
No quotation by the
Seller shall constitute an offer by the Seller and all
quotations are subject to withdrawal or alteration without
Cancellation Of Order
An order once placed
on the Seller cannot be cancelled, deferred or altered by the
Buyer except by mutual agreement and the Buyer shall indemnify
the Seller against all loss and expenses incurred.
The price charged for
the Goods will be that ruling on the date of despatch and will
be subject to any applicable value added tax, other government
duty or tax. The Seller reserves the right to amend prices at
any time consequent upon increased costs of raw materials,
labour, transport, market conditions, or for any other reason
Irrespective of prices
being fixed or variable, the Seller reserves the right to add
surcharges such as for Alloy or scrap content or any other
factor as imposed by the Producer of the raw material, and with
immediate effect whenever a charge is made.
Are given as estimates
only, unless specifically stated otherwise, and the Seller
cannot accept responsibility for any delays, however caused.
Delivery shall be deemed to take place when the goods are
delivered to the Buyer at their premises or if despatched to the
Buyer, then immediately prior to being loaded on transport for
despatch to the Buyer, whether the transport is arranged by the
Seller, Buyer or a third party.
Incorrect Or Damaged Material
regarding alleged short weight, incorrect or damaged material
must be advised to the Seller immediately by telephone.
Complaints regarding alleged defective material must be made
within 3 days after delivery.
Quality Product Liability
The Seller accepts no
responsibility for contingent or resulting loss, damage or
liability caused to the Buyer or anyone else through defective
material and the Buyer shall indemnify the Seller against any
claim by any third party arising out of or in connection with
any of the goods.
The Seller reserves
the right to deviate by +/- 10% in respect of quantities ordered
Fitness For Purpose
Any recommendations or
suggestions relating to the use of the Goods made by the Seller
is given in good faith but it is the responsibility of the Buyer
to ensure satisfaction as to the suitability of the Goods for
the particular purpose or purposes and it shall be deemed to
have done so. Accordingly unless otherwise expressly agreed in
writing the Seller gives no warranty as to the fitness of the
Goods for any particular purpose even though that purpose may be
specified in the Buyer’s order. All warranties or conditions as
to fitness of the Goods for any particular purpose (expressed or
implied by statute, trade, custom , practice or otherwise) are
Return Of Goods
Goods returned without
the Seller’s prior consent in writing will not be accepted for
The risk in the goods
shall pass to the Buyer on delivery.
Terms Of Payment
agreed by the Seller in writing, payment for goods is strictly
limited to within 30 days of the end of the month of despatch.
Any debt outstanding after the due date shall at the absolute
discretion of the Seller, carry interest at the very minimum at
the rate of 4% per annum above the current minimum lending rate
of the Bank of England. Interest to be calculated on a daily
Title Of Goods
The risk in the goods
shall pass from the seller to the buyer upon delivery of such
goods to the buyer. However, notwithstanding delivery and the
passing of risk in the goods, title and property in the goods,
including full legal and beneficial ownership, shall not pass to
the buyer until the seller has received in cash or cleared funds
payment in full for all goods delivered to the buyer under this
and all other contracts between the seller and the buyer for
which payment of the full price of the goods thereunder has not
been paid. Payment of the full price of the goods shall include
the amount of any interest or other sum payable under the terms
of this and all other contracts between the seller and the buyer
under which the goods were delivered.
Recovery Of Debt
Having given due
notice, in the event that it becomes necessary for the Seller to
resort to legal means to recover goods or money owed, the Buyer
will be liable for all expenses, legal or otherwise incurred by
the Seller as a result of such action.
These Terms and
Conditions of Sale shall have precedence over any conditions
appearing on the Buyer’s order form or other documents emanating
from the Buyer and any such conditions of the Buyer shall have
no effect whatsoever unless expressly accepted in writing by the