- Conditions Applicable
1.1 These terms and conditions of business shall apply to all contracts for either the sale of Goods and the carrying out of Works by the Supplier (as hereinafter defined) to the Customer (as hereinafter defined) to the exclusion of all other terms and conditions including and terms or conditions which the Customer may purport to apply under any purchase order, confirmation order or similar document. They supersede all earlier conditions of contract issued by the supplier.
1.2 All orders for Goods and or Works shall be deemed to be an offer to purchase or contract pursuant to these conditions.
1.3 Dispatch or delivery of Goods by the Supplier to the customer or the commencement of any Works by the Supplier shall be deemed conclusive evidence of the Customer’s acceptance of these conditions.
1.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall by unacceptable unless agreed in writing by the Supplier.
1.5 For the purpose of these Conditions the Supplier means Rhino Interiors Group and the Customer means the person, firm or company who submits to the Supplier an order or request for Goods and/or Works.
1.6 In these terms and conditions of business the ‘Goods’ means the Goods and materials specified on the supplier’s quotation or confirmation of order and the ‘Works’ means the Works detailed on the Supplier’s quotation or confirmation of works order form.
- Basis of Quotation
2.1 Prices are quoted exclusive of tax which will be added in accordance with UK legislation in force at the relevant tax date.
2.2 Prices are quoted on the basis of clear and unrestricted access for delivery of the Goods and the carrying out of Works on dates agreed between the Customer and the Supplier. Unless those dates are agreed in writing by the Supplier when issuing the quote, the Customer will not unreasonably withhold its agreements to such dates. Where such access is not available then the Supplier reserves the right to make additional changes to compensate it for any additional costs it may incur.
2.3 Where prices are quoted by the Supplier subject to the Customer’s choice of colour, material and finish then such price may be subject to change depending upon the colour, material and finish chosen.
2.4 Prices quoted do not include the cost of obtaining any consent required to carry out any Works including but not limited to planning permission, building regulation approval, listed building consent, fire authority approval and landlord’s consent unless otherwise indicated in the Supplier’s quotation.
2.5 Unless stated in writing by the Supplier, prices quoted do not include the cost of any alteration to or additions to any existing services within a building for carrying out work outside normal working hours (here meaning 08:00 hours to 18:00 hours Monday to Friday, Public Bank holidays excluded) the fees of any consultants required (for example but not limited to consulting or civil engineers) and the cost of carrying out any alterations to or providing any lighting, electric power, data and communications wiring and trunking, fire detection and fire prevention systems, security systems, plumbing and air conditioning.
2.6 Quotations for Works are given on the basis that the building is soundly constructed and capable of being altered in the manner proposed in the quotation and without any other work of any kind whatsoever being necessary. If any further works required in addition to that detailed on the Supplier’s quotation then this will be charged for at the Supplier’s normal rates and added to the price quoted for the Works.
2.7 All measurements in the Supplier’s quotation and any accompanying schedules are approximate. Such should not be used for any purpose by the Customer. Colours anodising, material fabrics, glazing and other treatments and appearances will be the nearest commercially available in all or any respects to that selected or offered. However the Supplier reserves the right to change the materials used either to take advantage of technical developments, improvements or modifications which the Supplier considers desirable or to take account of the availability of materials or to enable compliance with relevant health and safety or statutory requirements.
2.8 Where any materials provided by the Customer are to be used by the Supplier in connection with this Contract, they must be of satisfactory quality and comply with all applicable safety and statutory requirements. Any materials not so conforming may, at the Suppliers election be replaced by the Supplier and the cost so incurred will be added to the quotation and such additional cost payable by the Customer to the Supplier upon production of the Supplier’s invoice.
- Formation of Contract
3.1 The Supplier reserves the right to vary or withdraw any quotation which is not accepted within 14 days of the date issued.
3.2 The Contract for the sale of the Goods and/or the undertaking of any Works shall come into existence when (and only when) the Supplier receives either the Customer’s written acceptance of the Supplier’s quotation or (where required by the Supplier) the Customer’s written confirmation of works order. Where the Supplier provides a verbal quotation for the supply of Goods then the contract shall come into existence when (and only when) the Customer communicates (verbally or in writing) acceptance of the quotation to the Supplier.
3.3 Once the contract is made then it cannot be cancelled by the Customer, the delivery of Goods rejected or returned or the commencement of Works delayed. If in the Supplier’s own discretion it accepts cancellation or variation then it may do so on the terms that the Customer shall reimburse the Supplier against all costs, charges and expenses incurred that arose from such cancellation, delay or variation.
3.4 Any cancellation, delay or variation will not affect the rights of the Supplier against the Customer in respects of any Goods already supplied or Works already commenced or carried out to the Customers pursuant of this Agreement.
- Price and Payment
4.1 The price for the Goods and/or Works shall be that quoted by the Supplier which where the Supplier has provided a written quotation shall be the price so quoted by the Supplier in writing.
4.2 Payments shall be made in accordance with the details set out in the Supplier’s quotation and by the instalments set out thereon: in the absence of any such terms payment shall be due upon issue of the Supplier’s invoice or invoices.
4.3 If any payment is not made within 7 days of the due date the Supplier reserves the right:
– to suspended further deliveries of the Goods: and/or
– to suspended any further Works: and/or
– to charge interest for the late payments at 8% over Lloyds TSB base rate from time to time in force for the period from the due date and until paid both before and after any judgement.
4.4 Payment shall be made in full when due without deduction or set of whether such rights arise at law or in equity.