Specialist Joinery (South) Ltd including
Westgate Joinery, Hailsham Joinery and The Green-Wood Company (the company)

Trading Terms & Conditions: Credit Account Customers (the customer)

Acceptance of trading terms by the customer
The provision of a written (or verbal) order / acceptance of quotation by the customer and/or the provision of written order acknowledgement by ‘the company’ is deemed to confirm acceptance of the ‘trading terms’ set out herein.
Any special terms set out within the customer’s written order / acceptance of quotation will be understood to be binding on the company only when they are not at variance with the company’s ‘trading terms’ set out herein.

Acceptance of orders / Credit references
On receipt of an order the company may at the sole discretion of the directors request references on the creditworthiness of the customer from credit reference agencies or other sources. On receipt of such credit references the company at the sole discretion of its directors may set a credit limit on the account; payments ‘on account’ may be required from time to time to keep within this limit.
On receipt of such references, again at the sole discretion of the directors the company may decline to accept an order or may request full payment in advance of commencing any work or may seek such guarantees of payment as the company shall accept in order to secure full payment.

Provision of working drawings, specifications and order acknowledgements by the company
The company will as soon as reasonably practical after receipt of all site dimensions and customer requirements provide to the customer working drawings and an order acknowledgement confirming all prices and specification information  including any variation to prices from those provided within the original quotation. The customer undertakes to raise any queries in writing to the company in respect of these drawings, specification information and price confirmations within 7 days of receipt; after this point in time all details are deemed to have been accepted by the customer.
The company reserves the right to make such reasonable additional charges to the customer as it sees fit in the event of the customer making any changes to the works after acceptance of drawings, specification information and order acknowledgements as set out above. The company undertakes to advise the customer as soon as reasonably practical of the amount of any such additional charges.

Interim payments
Subject to agreement on acceptance of the customers ‘order’  interim invoices may be submitted by the company as the work proceeds at rates and intervals as set out in the original quotation. Goods covered by such interim invoices are to be clearly labeled whilst on the company’s’ premises with the following text ‘these goods are the property of ‘the customer’ once paid for in full’

Date for submission of Invoices
A final invoice will be submitted by the company as set out in the original quotation on completion of each item of work covered by the customer’s order regardless of whether goods can be accepted on site. Where, for whatever reason goods cannot be accepted for delivery to site the company will store such goods for a period of up to 30 days at its risk and without charge. The company shall at the sole discretion of its Directors make such reasonable charges as it deems fit to cover storage of completed goods for periods in excess of 30 days from the date of their completion.

Payment of Invoices by the customer
All credit account invoices are factored and assigned to the benefit of Lloyds TSB Commercial Finance Ltd (the factors) and to whom payment shall be made at the address noted on invoices. Statements will be submitted regularly by Lloyds TSB Commercial Finance Ltd.
Invoices are due for payment on net monthly terms i.e. within 30 days of the end of the month in which the invoice is dated. Any queries or disputes in respect of invoices shall be raised in writing with the company (not the factors) within 7 days of receipt of invoice.

Non Payment of Invoices by the customer
Where invoices remain unpaid 14 days after the due date the company may at its sole discretion place the account ‘on stop’ and withhold further supplies until all overdue invoices have been paid in full.
Where invoices still remain unpaid 30 days after the due date the company shall at the sole discretion of its Directors take such measures as it deems fit to recover all monies due.

Cancellation of order by the customer
In the event of an order being cancelled in full or part by the customer at any time between the order being placed and payment for the full value of the whole order:-
Any work carried out by the company (including any technical or drawing office work) will be valued by the company and invoiced to the customer for payment (after deducting any payments already made by the customer). Payment against such invoices shall be made within 14 days of being submitted.
If at the time of cancellation of an order by the customer  the value of any work carried out by the company (including any technical or drawing office work) is less than the total of any payments already made by the customer there will not be any obligation on the part of the company to return any payments received either in part or in full. The decision as to the amount of return (if any) of any such receipts will be at the sole discretion of the directors of the company.

Delivery / Collection
Where the company has undertaken to deliver the customer’s goods risk and responsibility for the goods shall pass to the customer on delivery; responsibility for the safe unloading of goods shall rest with the customer.
Where the customer has undertaken to collectgoods from the company’s premises risk and responsibility for the goods shall pass to the customer on collection; responsibility for the safe loading of goods on the company’s premises shall rest with the customer.
The company will not be liable for:-

Return of Goods
All goods are produced by the company for the customer to specific requirements; the company cannot accept the return of any goods correctly supplied to the drawings and specification provided by the company prior to commencing manufacture.

Sale of Goods
All goods are believed by the company to be of a quality suitable for the purpose and specification for which they are intended. The customer has a duty of care to advise the company in writing of any matter or specification requirement that may need to be taken into account by the company in fulfillment of the customer’s order.
Any technical information (both verbal and written) provided by the company (including detailed working drawings) is given by the company in good faith. It will be for the customer to satisfy himself as to suitability for his own particular purpose which may depend on site conditions unknown to the company.
The liability of the company will not exceed the value of the goods supplied. Loss of profits and consequential financial and other losses are excluded.
Any defects must be reported to the company in writing by the customer immediately they are discovered.

Property
The title / ownership of any goods supplied by the company will not be transferred to the customer until all amounts owed to the company no matter on what ground, have been paid and until paid for in full the company may repossess the goods. The company remains entitled to enter premises to take possession of its property until paid for in full.
The company may disclaim its right of ownership by written notification and if goods have not been repossessed by the company within 24 months from the date of supply /  invoice, ownership shall pass to the customer.
The customer has the power to sell the company’s goods and materials before full payment has been made to the company provided that all sums paid to the customer in respect of the same are to be held in trust for the company until all amounts due to the company have been paid.

General
The statutory rights of consumers are unaffected by these trading terms and conditions.

January 2006