1. Definitions
In these terms and conditions of sale, unless the context otherwise requires, “the Company” shall mean Glenalmond Timber Co Ltd whose registered office is at Station Road, Methven, Perth PH1 3QF, and “the Customer” shall mean the person or persons, firm or company or other body to whom goods or services are supplied hereunder.
2. General
These conditions of sale shall apply in their entirety as between the Company and the Customer and shall prevail over all other conditions, warranties and representations, whether express or implied, statutory or otherwise and any purported provisions to the contrary are hereby excluded.
3. Quotations
3.1 All quotations given by the Company (unless otherwise agreed in writing) are subject to withdrawal and alteration without notice and do not constitute an offer to supply goods. Goods supplied against orders accepted in writing will be charged at the prices ruling at the date of the despatch. The Company may at any time refuse to accept any order placed as a result of any such quotation.
3.2 All estimates and quotations are issued under conditions of the strictest confidence for the sole use of the addressee and the Company reserves the right to withdraw any quotation at any time if in its opinion the information contained therein may have been passed to a third party.
4. Price
4.1 All prices are quoted exclusive of Value Added Tax (“VAT”) and VAT will be added to all invoices at the rate applicable on the tax point date which date shall be the date of the invoice. Notwithstanding any offer, quotation, tender price or price list all prices are subject to alteration without notice and goods will be invoiced at prices ruling at the date of despatch. There before delivery or the date of the invoice, whichever is the earlier, the goods become subject to any additional duty, VAT or any other tax or surcharges, in excess of the sum specified or such liabilities in the Company’s quotation or invoice, the Customer shall be charged and will pay such extra duty, tax or surcharge.
4.2 The Company reserves the right to refuse to execute any order or contract if the arrangements for payment or the Customer’s credit are or become unacceptable to the Company for any reason.
5. Delivery
5.1 All times quoted for delivery or otherwise for performance of the contract are estimates only and whilst the Company shall use its best endeavours to achieve such times time shall not be deemed to be of the essence of the contract and no delay shall entitle the Customer to cancel the order or refuse to accept delivery at any time.
5.2 The Company reserves the right to deliver goods by instalments and in such event each instalment shall be treated as a separate contract provided that deliveries of further instalments may be withheld until the goods or materials comprised in earlier instalments have been paid for in full.
5.3 The Customer shall give comprehensive instructions for delivery to the Company within a reasonable time prior to the time quoted for delivery. In the event that the Customer fails to give such instructions the Company may treat such failure as a repudiation of the contract and may without prejudice to any of its other rights accept such repudiation without notice as termination thereof.
5.4 Unless otherwise stated the Company shall deliver goods as near to the destination as a safe hard roadway permits. In the event that delivery is to be made on the Customer’s site, the Customer shall provide and clearly indicate to the delivery driver a route from the public highway to the site which is safe and reasonable and provided adequate turning space at the point of delivery. The driver may refuse delivery if, in his opinion, the route or the point of unloading is unsafe or is likely to cause damage to the delivery vehicle. The Customer shall indemnify the Company (for itself and as agents or any haulage contractor operating the vehicle) against any damage caused to any such vehicle and against all claims costs damages and expenses incurred by the Company by reason of any default of the Customer under this condition.
5.5 The Customer shall be responsible for providing adequate labour and facilities at the delivery point for unloading goods ordered by him without undue delay and shall keep the Company indemnified against all claims howsoever arising from such unloading operations. The Company reserves the right to charge for delays prior to and during unloading or for costs incurred in
making abortive deliveries.
5.6 Unless the Company receives written notice from the Customer that delivery is to be made only to specific person any person accepting delivery on site shall be deemed to have the Customer’s authority to give instructions as to delivery and to accept such delivery.
6. Return of Goods
Goods will only be accepted for return with the Company’s prior agreement in writing. Drivers have no authority to accept goods for return unless expressly given by the Company. All goods for return must be returned to the Company carriage paid in good order condition. The Companyreserves the right to make a charge for accepting goods back into stock.
7. Terms of Payment
7.1 Payment shall be made either prior to delivery by cash or by cleared cheque, in which event the Customer shall allow at least five clear working days for cheque clearance before delivery may be effected by the Company or within 30 days from the end of the month of delivery if the Company has granted credit terms to the Customer unless other terms are specifically agreed10.5
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