Acceptance of Order
When an Order is placed with the Company by the Customer, it is entirely at the discretion of the Company as to whether the Company wishes to accept, or part accept, or refuse to accept the Order. If the Order is accepted, it shall only be accepted upon these conditions Each Order that is accepted by a person authorised to sign on behalf of the Company shall constitute an individually legally binding Contract between the Company and the Customer, and the Contract cannot be terminated or amended by the Customer without the written consent of a person authorised to sign on behalf of the Company, and on such terms as the Company consider to be equitable in the circumstances.

Applications of Conditions
The Conditions shall override any contrary different or additional terms or conditions (if any) contained in or referred to in any document or correspondence from the Customer and no addition, alteration or substitution of the Conditions will bind the Company or form part of any Contract unless they are expressly accepted in writing by a person authorised to sign on the Company's behalf. For the avoidance of doubt, should the Customer not wish the Order, if accepted by the Company, to be subject to the Conditions, they are required to advise the Company in writing immediately on receipt of the Company's written acceptance of the Order.

Pre-Order Information
Prior to any Order being placed with the Company, the Company shall provide the Customer if requested by the Customer to do so with recommendations as to the nature of the Goods that could potentially meet the requirements of the Customer. The Company shall in all cases provide to the Customer with either a verbal or written quotation of the cost to the Customer of the Company providing the Goods, the approximate date on which the Goods would be available to the Customer, and the cost of delivery. The specification of goods ordered by the Customer is the responsibility of the Customer and the Company will have no liability as to the accuracy or sufficiency thereof.

Implementation of Contract
The Company shall be entitled to arrange for a third party to carry out any of their obligations under the Contract on their behalf.

Price
The price, exclusive of VAT that the Customer will require to pay for the Goods shall be the price detailed in the Pre Order Information, unless the Customer is informed in writing of a change in the price prior to the Order being accepted (hereinafter called the “Price”). The Price does not include the costs of packaging , delivery and insurance of the Goods in transit unless specifically agreed in writing between the Customer and the Company.

No Liability
In no circumstances shall the Company be liable to the Customer in contract, delict (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof:- for any increased costs or expenses for any loss of profit, business, contracts, revenues or anticipated savings or for any special indirect or consequential damage of any nature whatsoever arising directly or indirectly out of the provision by the Company of the Goods or any error or defect therein, or of the performance, non-performance or delayed performance by the Company of the Contract.

Suitability of Goods
Prior to submitting an Order, the Customer shall require to satisfy themselves that the Goods are reasonably fit for the purpose for which they are intended. The Customer cannot rely on the Pre-Order Information in this respect, and the Company provides no warranty or guarantee as to the fitness of the Goods for any particular purpose. The Company shall have no liability whatsoever for any failure by the Customer to ensure that the Goods are suitable for the purpose for which they were intended. Size and measurement of the Goods is approximate only and a tolerance of fifteen per centum greater or lesser is permitted unless specifically agreed to the contrary.

Health and Safety
The Customer shall be responsible for the compliance of all persons handling or otherwise using the Goods or having access to the Goods whilst in the Customer’s control and custody with any warnings, suggestions or instructions relevant to the Goods (“Instructions For Use”) where these are provided by the Company. The Company shall have no liability whatsoever for any death or personal injury caused by the Customer’s negligence or failure in complying with the Instructions for Use .

Licences, etc
The Customer shall require to satisfy themselves that all appropriate consents, permissions, licences, etc have been obtained to use the Goods in the manner that is proposed by them, and that the use of the Goods will not otherwise breach any law binding on them. The Company shall have no liability whatsoever for any failure by the Customer to comply with their obligations under this Condition.

Interest of Price
The Customer shall be required to pay the Price within 30 days from the date of delivery, or on such other date as is detailed in the Pre-Order Information. No payment shall be deemed to have been received until the Company has received cleared funds. In the event that the Customer does not make payment of the Price timeously, then the Company shall be entitled to charge interest at the rate of 8% per annum above the base rate of The Royal Bank of Scotland on the Price.

Delivery
Except where agreed between the Company and the Customer, delivery time shall not be deemed to be of the essence of the Contract. The estimated date of delivery shall be the date detailed in the Pre-Order Information, unless the Customer is informed in writing of a change in the date. The Company accept no responsibility or liability financial or otherwise for non-compliance with the Delivery Date. It will be at the discretion of the Customer as to whether they wish to collect the Goods from the Company, or whether they wish the goods to be delivered to them by the Company. In the event that the Company delivers the Goods to the Customer, custody and control of the Goods will be deemed to pass to the Customer immediately on the Goods entering the Customer’s premises. See attached document for full delivery terms and conditions

Customer's Indemnity
The Customer shall indemnify the Company against any claims, actions, damages, proceedings, or any other liability whatsoever arising as a result of the failure of the Customer and/or their employees, sub-contractors, agents, and assignees whomsoever to comply with their obligations under Conditions 9, 10, 11 and 13 hereof, including, but not restricted to liability in respect of death or personal injury, except where the Customer can show that the failure was not as a result of their negligence or default. The Customer shall maintain insurance with a reputable insurance company at an adequate level of cover to protect against the risks inherent in this Condition 14 and Conditions 9, 10, 11 and 13 and shall provide the Company with a copy of the policy or policies of insurance together with evidence of the most recent premium having been paid if requested to do so by the Company.

Limitation of Liability
The Company shall not be liable for any breaches of the terms of the Contract or for loss, delay, expenses, damages or other casualty caused by their being prevented, hindered or delayed from complying with the terms of the Contract through any circumstances beyond their reasonable control including, but not restricted to, fire, explosion, war, rebellion, sabotage, strikes or other industrial action or dispute, lock outs, accidents, reductions in or unavailability or power, breakdown of plant or machinery or shortage or unavailability of materials and/or the Goods from normal sources or routes of supply, Acts of Government, default of sub-contractors, employees, agents or any circumstances beyond the reasonable control of the routes of supply, Acts of Government, default of sub-contractors, employees, agents or any circumstances beyond the reasonable control of the Company, provided that the Company has given to the Customer prompt notice in writing of the occurrence of any such event or cause and of its discontinuance.

Unenforcable Conditions
If any of the Conditions are declared by any judicial or other competent authority to be void, illegal or otherwise unenforcable the remaining provisions of these Conditions shall remain in full force and effect unless the Company at the Company’s discretion decides that the effect of such declaration is to defeat the original intention of the parties in which event the Company shall be entitled to terminate the Contract by 30 day’s notice to the Customer.

Whole Agreement
The Customer acknowledges that the Conditions, together with the other terms of the Contract, contain the whole agreement between the parties, and supersede any previous agreement or understanding between the parties in respect of the subject matter of the Contract.

Failure to Enforce
The failure by the Company to enforce at any time for any period any one or more of the terms of the Conditions and/or other terms of the Contract shall not be a waiver of them or of the right at any time subsequently to enforce all the terms of the Conditions and/or other terms of the Contract.

Compliance
The Company shall be entitled to terminate this Contract in respect of any failure by the Customer to comply with the terms of the Contract. In such circumstances, the Company shall be excused from further performance, and the Customer shall require to make payment of all sums due to the date of said termination, including all consequential losses incurred by the Company, and the cost of work carried out by the Company under the Contract to that date. Termination of the Contract under this Condition 21 shall not be deemed to constitute termination of those provisions which envisage continued performance notwithstanding termination of the remainder of the Contract.