Please read the below terms and conditions carefully.

 

1. General

a) These conditions shall govern all transactions into which Hamstead Plant Limited enters with its customers.

b) In these conditions:

• "Hamstead Plant" shall mean Hamstead Plant Limited and any of its associated or subsidiary companies.

• "Customer" shall mean the other party to any invoice, quotation, order, or contract with or by Hamstead Plant.

• "The Goods" shall mean products manufactured or sold or services provided by Hamstead Plant or by the customer.

• "Invoice" shall mean the document despatched to the customer requiring payment and containing specifically or by inference, these conditions.

• "Proforma" invoice shall mean an invoice sent by Hamstead Plant to the customer requiring payment before the goods are despatched.

• "Order" shall mean the goods requested by the customer either verbally or by telephone, fax, electronic mail or by post on the customers official order form or company letterhead.

• "Delivery Note (Hampstead Plant copy)" shall mean the document accompanying the goods in their despatch and delivery from Hamstead Plant to the customer either by Hamstead Plant vehicle, post, carrier or collection, and on which the customer signs for receipt of the goods on delivery to him and which is then returned to Hamstead Plant.

• "Delivery Note (Customer copy)" shall mean the document accompanying the goods in their despatch and delivery from Hamstead Plant to the customer either by Hamstead Plant vehicle, post, carrier or collection, and on which Hamstead Plant lists the goods despatched against the customer order.

c) No conditions or stipulations in or attached to any form of order submitted by the customer, or otherwise sought to be imposed by the customer, and which are inconsistent with these conditions or which purport to add to or modify them in any way shall have any effect.

d) No person in the employment of Hamstead Plant or acting or purporting to act as an agent of Hamstead Plant has the authority to accept orders or supply goods on any conditions other than these conditions or to vary these conditions in any way whatsoever except by written agreement between the customer and the Managing Director of Hamstead Plant.

e) No previous dealings or course of conduct between Hamstead Plant and any customer shall vary or replace or prevail over these conditions in any circumstances.

 

2. Prices and Quotations

a) All quotations are made at current prices, but such quotations are subject to alteration in accordance with prices current at the time of despatch of the goods.

b) The prices quoted on proforma invoices are only valid for the period specified thereon.

c) All prices quoted on invoices including proforma invoices are subject to the addition of relevant Value Added Tax current at the time of despatch.

 

3. Confidentiality

Hamstead Plant and the customer both agree to keep confidential, all information relating to the business, accounts, policies and activities of any nature, of the other, where such knowledge is received in the course of any transaction between the parties. Neither party shall divulge to any third party any information whatsoever relating to the other party except where such information is required by an employee or agent for the purpose of carrying out the obligations of these conditions of sale.

 

4. Payment

a) Customers who wish to open credit facilities shall complete the credit application pack quoting the credit limit required and the names and addresses of two current commercial references and one banker’s reference.

b) Hamstead Plant retains the right to decline any applications for credit facilities without giving any reason.

c) Credit accounts are subject to settlement within one calendar month following the month in which invoices were raised.

d) Where a credit customer is in default in the payment of any account, then all sums owed to Hamstead Plant by the customer on any account whatsoever, become immediately due and payable in full.

e) If the customer has no credit account, Hamstead Plant will accept payment from the customer by cash, banker’s draft or credit/debit card.

f) Hampstead Plant reserves the right to charge interest on any overdue amounts at the rate of 2.5% over Bank of England base rate.

 

5. Retention of Title

a) The customer acknowledges that before an agreement for the purchase of any goods from Hamstead Plant he/she has expressly represented and warranted that he/she is not insolvent and has not committed any act of bankruptcy, or being a company with limited or unlimited liability, knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver, or liquidator, to petition for winding up of the company or exercise any other rights over or against the company's assets.

b) Goods the subject of any agreement by Hamstead Plant to sell, which expression means, without limitation, any order, shall be at the risk of the customer as soon as they are delivered by Hamstead Plant to his/her person, his/her vehicle or his/her premises.

c) Such goods shall remain the sole and absolute property of Hamstead Plant as legal and equitable owner until such time as the customer shall have paid to Hamstead Plant the agreed price together with the full price of any other goods subject to any other contract with Hamstead Plant.

d) The customer acknowledges that he/she is in possession of goods solely as bailee for Hamstead Plant until such time as the full price thereof is paid to Hamstead Plant together with the full price of any other goods the subject of any contract with Hamstead Plant.

e) Until such time as the customer becomes the owner of the goods, he/she will store them on his/her premises separately from his/her own goods or those of any other person and in a manner which makes them readily identifiable as the goods of Hamstead Plant.

f) The customers right to possession of the goods shall cease if he/she, not being a company, commits an available act of bankruptcy or if he/she, being a company, does anything or fails to do anything which would entitle any person to present a petition for winding up. Hamstead Plant may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.

g) The customer may not cause or permit any of Hamstead Plant’s goods to be incorporated in or affixed to any buildings or machinery and/or until the customer has paid Hamstead Plant in full for all such goods.

h) Subject to the terms hereof, the customer is licensed by Hamstead Plant to process the said goods in such a fashion as he/she may wish and/or incorporate them in or with any other product subject to the express condition that the new product or products or any other chattel whatsoever containing any part of the said goods shall be separately stored and marked so as to be identifiable as being made from or with the goods the property of Hamstead Plant.

i) If the goods supplied by Hamstead Plant are admixed with goods the property of the customer or are processed with or incorporated therein, the product there of shall become and/or shall be deemed to be the sole and exclusive property of Hamstead Plant. If goods the property of any person other than the customer are processed with or incorporated therein, the product there of shall be deemed to be owned by Hamstead Plant in common with that other person.

j) There shall be no sale by the customer of any of Hamstead Plant’s goods or any interest therein on any goods produced with or from Hamstead Plant’s goods as described in clauses g) and h) unless:

• i) it is a bona fide sale to an independent party effected in the normal course of business it being agreed that exercising such power of sale the customer shall (as between the customer and Hamstead Plant) effect such sale as agent for Hamstead Plant.

• ii) the customer agrees to indemnify Hamstead Plant for any liability incurred by Hamstead Plant as principal.

• iii) the customer shall forthwith on receipt of the entire proceeds of such sale ("The Proceeds") account to Hamstead Plant for the price payable to Hamstead Plant for such goods of Hamstead Plant and any other costs, or carriage, insurance or other costs borne by Hamstead Plant in respect thereof.

• iv) The customer shall, until receipt by Hamstead Plant of the proceeds, hold the proceeds on trust for Hamstead Plant and pay the proceeds into a Bank Account in the name of Hamstead Plant and the customer shall not credit any monies other than the monies received on the sale of such goods of Hamstead Plant to such account and draw on such account except for the purpose of paying to Hamstead Plant the price payable in sub clause iii) above and no other funds shall be credited to such accounts.

• v) If the customer has not received the proceeds of any such sale, he/she will, if called to do so by Hamstead Plant, within seven days thereof assign to Hamstead Plant all rights against the person or persons to whom he/she has supplied any products or chattel or made from or with Hamstead Plant goods.

 

6. Carriage and Delivery

a) Hamstead Plant reserves the right to charge carriage on deliveries as appropriate.

b) Delivery dates are promised in good faith by Hamstead Plant to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the times stated in any communication by and on behalf of Hamstead Plant.

c) No liability for direct or consequential loss or damage arising from delay in delivery of the goods including without prejudice to the generality of the foregoing and delay due to any act of God, war, civil disturbance, strikes, lock outs, or any act outside Hamstead Plant’s control, will be accepted.

d) The customer shall:

1. check all goods delivered by Hamstead Plant van and sign the delivery note (Hamstead Plant copy) in the presence of Hamstead Plant’s driver.

2. mark any discrepancies between goods ordered and goods delivered on the delivery note (Hamstead Plant copy) prior to signing.

3. refuse any goods found to be damaged and mark the delivery note (Hamstead Plant copy) accordingly.

e) Any claim over damaged goods or discrepancies between goods listed on the delivery note (Customer copy) and goods delivered to the customer must be submitted to Hamstead Plant with full particulars of the order, the delivery note (Hamstead Plant copy), the delivery note (Customer copy) and any other relevant information in writing within three days of delivery, failing which, Hamstead Plant cannot accept liability. The submission of a claim within this time limit does not necessarily mean that Hamstead Plant will accept liability in relation to such a claim. A delivery note (Hamstead Plant copy) signed "unexamined" is not sufficient to uphold a claim.

f) Hamstead Plant shall not be liable for any loss resulting from the customers failure to comply with the requirements of either Network Rail, road carriers, or postal services.

g) If the customer does not receive the goods within the fourteen days of the date of invoice, he/she is required to notify Hamstead Plant immediately thereafter, otherwise liability cannot be accepted.

 

7. Guarantees

a) Hamstead Plant gives no guarantee or warranty on goods supplied by Hamstead Plant other than that given by the manufacturer concerned.

b) Hamstead Plant does not accept liability for consequential loss or damage arising from goods supplied by Hamstead Plant.

c) All descriptions, weights, and dimensions issued by Hamstead Plant are approximate only and are intended only to present to intending customers a general description of the goods to which they refer, and no warranties or representations are given or should be inferred there from.

 

8. Order

a) Hamstead Plant reserves the right, at any time, and without explanation to:

1. refuse an order.

2. cancel an order.

3. suspend deliveries against an order whether or not an account is in arrears.

4. refuse cancellation of an order.

5. cancel unexecuted instalments of an order.

b) No variation of an order shall be recognised unless agreed in writing by Hamstead Plant.

c) Hamstead Plant retains the right to levy a handling charge where a customer cancels an order.

d) Where goods are supplied at the customer’s order specially from Hamstead Plant’s own or suppliers works, Hamstead Plant shall require a non-refundable deposit from the customer and Hamstead Plant shall only accept such order on the understanding that under no circumstances will such order be cancelled by the customer. Hamstead Plant reserves the right to pass on to the customer any carriage charges incurred by Hamstead Plant in obtaining a special order from Hamstead Plant’s own suppliers works.

 

9. Returns

a) No goods may be returned by a customer without Hamstead Plant’s prior written consent.

b) Goods returned for credit must be accompanied by a delivery note (Customer copy) against which the goods were originally supplied, and the reason for the return.

c) If items are returned for no good reason Hamstead Plant will make a re-stocking charge to the customer.

d) No liability can be accepted for loss of, or damage to, or goods returned from the customer without Hamstead Plant’s prior written consent.

e) If there is any discrepancy between goods advised as returned and the actual goods received, Hamstead Plant will only credit the items returned.

f) Boxes, cases and pallets that have been charged by Hamstead Plant will be credited in full when returned to Hamstead Plant’s despatch depot in good condition, carriage paid, within fourteen days of the date of Hamstead Plant’s invoice.

 

10. Law

These conditions are subject to and construed in accordance with the laws of England, and the parties submit to the non-exclusive jurisdiction of the Courts of England and Wales.