CONDITIONS OF SALE
1. GENERAL. All quotations and tenders are made and all orders accepted by K & J McGuire Ltd., herein after called the Company, and all goods are supplied, sold, delivered or exchanged for other goods subject to the Conditions set out below and these Conditions shall govern all sales of the Company’s goods to the exclusion of any inconsistent terms or conditions proposed by the customer, whether in the customer’s Order, correspondence or otherwise, unless such are specifically agreed to in writing by a Director or Manager or Proprietor of the Company.
2. QUOTATIONS whether given verbally or in writing or in advertisements do not constitute an offer by the Company and no order from a customer shall create a binding contract until accepted in writing by the Company.
3. ORDERS whether verbal, telephoned or telexed must be confirmed in writing by the customer otherwise the Company accepts no responsibility for errors or subsequent misunderstandings. Goods which are supplied as a result of an incorrect order will not be accepted for return and credit.
4. CATALOGUES. Price Lists and other advertisement matter are only an indication of the type of goods offered and no prices or other particulars contained therein shall be binding on the Company.
5. PRICES quoted are subject to alteration without prior notice to conform with those ruling at despatch date.
6. DESPATCH & DELIVERY. Any times quoted are estimates only and the Company shall not be liable for failure to despatch/deliver within such time.
7. DEMURRAGE. Customers retaining the Company’s vehicles or the Company’s Carriers vehicles more than two hours may be charged at Road Haulage Association’s scale for demurrage in force at time of such detention.
8. FITNESS. As the Company has no control over the methods, conditions and particular purposes in which and for which the goods that it supplies are used, the Company excludes all conditions, express or implied by statute or otherwise as to the fitness or any of its goods for any particular purpose.
9. CONSEQUENTIAL LOSS. Under no circumstances shall the Company be liable whether in contract or in tort for loss of profits or contracts or for any consequential loss, injury or damage or personal injuries to any person whatsoever arising from the use. application or storage of any of the goods supplied by the Company.
10. PAYMENTS. 1) Unless otherwise specified by the Company, payment of any Invoice is due within thirty days of the date of the Invoice. 2) In addition to other remedies the Company reserves the right to charge interest on delayed payments from the due date of payment on a day to day basis at 18% per annum.
11. TECHNICAL ADVICE & CO-OPERATION. The Company is not to be liable, contractually or otherwise in respect of any health advice or assistance given before or after the formation of any contract.
12. LEGAL CONSTRUCTION. The Contract of Sale shall be deemed to be made in Scotland and shall be governed by the Laws of Scotland for all purposes.
13. SUBSCRIPTIONS. Subscriptions can be cancelled by emailing firstname.lastname@example.org with 30 days notice. Payment is taken on the 1st day of each calendar month. Payment will continue unless cancelled.