1. In these conditions of sale the following terms shall have the following meanings:- "The Company" is Millers Limited or A Company they act as agents for. "The Building(s)" is the building, erection or construction or the part or parts thereof described in the Order including all items incidental or ancillary thereto as specified in such Order. "The Customer" is the person or persons,firm or Company who has agreed to purchase the building(s)
2. No variation of these conditions shall apply unless confirmed in writing by the Company from its head office. No employee other than a director has the authority to verbally or in writing agree any variation of these terms, only a director may do so; in writing.
3. PAYMENT TERMS
Subject to the agreed deposit having been paid to the selling agent the balance of payment due to the Company on or before the delivery date notified by the Company. Where the Company is manufacuring a special building to Customers Order the Company reserves the right to have full payment made before any manufacturing process takes place.
4. All dates and periods of time given or specified by the Company in quotations and contracts are business estimates only and although the Company will use its best endeavours to adhere to any dates or periods of time given, the Company shall not be liable in any way whatsoever for any direct or consequential loss which may result from the delay in delivery of any building. The Company cannot be held responible for delays caused by force majeure, adverse weather conditions, strikes, lockouts, civil commotion or any other cause beyond the control of the Company and such delays shall not be basis for cancellation of the Order.
5. Where the Customer requires a delay in the immediate processing of any Order the Company reserves the right to vary the price accordingly.
6. The Customer shall notify the Company if the there are any difficulties regarding access from the public highway to the Customer's address where the building(s) are to be delivered and upon such notification the Company reserves the right to make an additional delivery charge. In addition where the building is being erected by the Company it is the responsibility of the Customer to ensure that access for the building through the Customers premises to the erection site is suitable, bearing in mind the size of the erection Ordered. A charge for wasted time will be made if the access is not suitable.
7(a) The risk in the building(s) shall pass to the Customer on delivery to the address designated by the Customer and the Customers liability to the Company for the price will not be affected by the subsequent loss or damage. Untill the Company has been paid in full for the building(s), even though the risk has been passed to the Customer, the property in the building(s) shall not pass to the Customer but shall remain vested in the Company until payment for such building(s) has been received by the Company and until such time the Customer shall hold the building(s) as Bailee for the Company. Such sums shall not be treated as paid until all cheques, bills etc., have been honoured. In the event of default by the Customer the Company access and entitlement forthwith to repossess any building(s) which remain the property of the Company and the Customer shall for the purpose allow the Company access and entitlement to enter upon the premises where the Customer is in occupation or to where he has access and where any such building(s) may be for the purpose of such repossessions.
7.(b) The Customer shall only be at liberty to resell the goods purchased from the Company prior to the passing of the title on the conditions that it will hold on trust for the Company so much proceeds of the sale as are necessary to discharge payment in full to the Company.
8. The Company reserves the right to make minor alterations to the specifications without notice.
9. Illustrations, photographs, descriptions, information and statements contained in the Company's brochures and literature are intended only as a general guide and do not form any contract nor do the same constitute any representation by or on behalf of the Company.
10. The Customer shall inspect the building(s) on delivery and shall notify the Company in writing within 14 days of any complaint that the building(s) is incomplete and/or damaged and failing such written notification the Customer shall be deemed to have accepted the building(s) as complete and intact.
11. No guarantee, Warranty or other representation is given by the Company concerning the incidence, prevention or elimination of condensation, nor have its agents authority to give such representatations or warranties.
12. For installation purposes, the Customer hereby agrees to allow access during normal working hours, and free use of elecricity. The Customer further agrees to be responsible for providing a clear working area including the moving of any shrubs, trees, telephone, TV and electrical cables as necessary.
13. Where the Company undertakes the erection of the building(s) it will ensure that reasonable care and skill is employed in carrying out the work.
No responsibililty is accepted for shrinkage of timber which occurs notwithstanding the timber conforming to that specified, or abnormal shrinkage the result of excessive or rapid heating.
The Company may subcontract the whole or part of the work.
14. IT IS THE RESPONSIBILITY OF THE Customer to ensure that all permissions, approvals and other consents are obtained and the Customer will keep the Company indeminified against all liabillity costs and expenses which may arise in the event of the buildings being erected without any necessary permission, approval or consent.
15. It is an express condition that where the Company is undertaking the erection of the building on the Customer's prepared base area that: THE Customer is responsible to ensure that the base area is complete and constructed to give level base area of suitable size. If on arrival of the Company's installers the base area proves to be unsuitable, the Company will charge for the labour for two men plus all travelling expenses.
16. It is an express condition that the Customer shall give full and proper address details sufficient to clearly identify the delivery address.
17. Typographical an or clerical errors or omissions shall be subject to correction.
18. Any provision in these conditions which in any way now or subsequently contravenes the law subsisting in the United Kingdom shall be deemed severable and shall not affect any other provision herein.
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