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1.1 Any time or date specified by the seller is given and intended as an estimate only and is not of the essence. The buyer shall not be entitled to rescind the contract by reason of any delay in the delivery and/or installation of the contract goods. Nor shall the seller incur any liability for loss suffered directly or indirectly as a result of failure to make delivery or installation on the specified date.
1.2 The buyer shall ensure the provision of full and adequate access to the place of delivery, and all other facilities and services necessary to enable the seller to make delivery and/or install the contract goods in accordance with the buyer’s requirements.
1.3 The buyer shall notify the seller in writing of any loss or damage to the contract goods (supply only contracts) within 48 hours of delivery. In the absence of such notice the buyer shall have deemed to have accepted the contract goods.
1.1 “the seller” means Street Furniture Direct Ltd
1.2 “the buyer” means the person, firm or company with whom this contract is made.
1.3 “the contract goods” means the goods subject of the contract between the seller and the buyer
1.4 “the price” means the price payable for the contract goods.
1.5 “the site” is the property on which the buyer has indicated the contract goods are to be installed.
1.6 “hard dig” is defined as requiring the use of mechanical equipment to excavate solid materials.
Terms of Payment
1.1 Save where the seller has otherwise agreed in writing, payment is to be made in full and forthwith on completion of the installation and satisfactory commissioning of the contract goods confirmed by the signing and handover of the completion certificate, or at the time of delivery of contract goods in the case of supply only.
1.2 The seller reserves the right to charge daily interest at a rate of 3% above the base rate of Barclays Bank Plc on all amounts overdue.
1.3 All title in the contract goods shall remain rested in the seller until all money due from the buyer has been paid in full.
1.1 The prices quoted by the seller are those ruling on the date of quotation.
1.2 If any quotation by the seller expressly states that the price is fixed for a specified period, then the price is exempt from any increase during such period.
1.3 Prices are subject to correction in the event of errors or omissions.
1.4 Unless expressly stated otherwise, all prices are exclusive of Value Added Tax, which will be charged at the due rate applicable on the date of invoicing.
1.5 In the event of the site necessitating a hard dig, the seller shall reserve the right to make a surcharge without written notice but after consultation with the buyer.
1.6 Notwithstanding any other provision of these terms and conditions the buyer shall, in addition to the price, pay to the seller in full and without deduction all additional costs incurred by the seller by reason of, or arising out of:-
1.6.1Any defect in the ground conditions, or any unusual or adverse ground or other conditions affecting the site.
1.6.2The carrying out of any works required to make the site suitable for the installation of the contract goods.
1.6.3Any failure on the part of the buyer to comply with their obligations herein.
Buyer's Obligations Regarding The Site
1.1 The buyer hereby warrants to the seller that the buyer is lawfully entitled to install the contract goods, and that all the necessary planning permission, licences and consents have been obtained and that the installation of the contract goods will not contravene any statutory provisions or infringe any third party rights and in particular any highways legislation.
1.2 The buyer shall give to the seller in writing full details of the location and route of services and conducting media running through, upon and over the site.
1.3 It is the buyer’s responsibility to ensure that the site is suitable in all respects for the installation of the contract goods and the seller shall not be responsible for any loss, costs, claims, demands, damages, liabilities or proceedings by reason of the site not being suitable and adequate for that purpose.
1.4 It is the buyer’s responsibility to provide a suitable site or means for the disposal of waste material following excavation.
1.1 The formation, interpretation and operation of this contract shall be governed by English Law and the buyer submits to the non-exclusive jurisdiction of the English Courts.
1.1 If within a period of six months of commissioning the contract goods, the same require repair or replacement due solely to a fault in the contract goods provided that:-
1.1.1The seller’s liability shall be limited to the repair or replacement of the contract goods and not further or otherwise, and
1.1.2 For the avoidance of doubt the seller will not be liable for any reason for any repair or replacement made necessary as a result directly or indirectly of any abuse of the contract goods or defect in the site, or as a result of faulty or incorrect installation by an agent or contractor of the buyer not approved by the seller for the installation of the contract goods.
1.1.3The seller shall not be liable in any way whatsoever for any loss, damage or injury caused by accident or by any third party whether trespassers or otherwise.
1.2 Where the contract goods are purposed to be a deterrent to unauthorised access, the seller gives no warranty that the installation of the contract goods will prevent unauthorised access and save only to the extent that liability cannot lawfully be excluded the seller shall not be liable for any loss or damage whatsoever arising out of or as a result of unauthorised access to the buyer’s property or any interference with the contract goods.