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FARNHAM: 01252 711911

GRAVESEND: 01474 331164

BRENTFORD: 0208 569 8888

HORSHAM: 01403 892800

Conditions of Sale

1. Definitions

In these conditions of sale "Rudridge" means Rudridge Ltd "Products" means the goods to be sold by Rudridge and the "Buyer" means the person firm or company to whom the products are to be supplied.

2. Quotations

Any quotation issued by Rudridge shall be revocable at any time prior to its acceptance by the buyer and if not so accepted shall automatically lapse twenty eight days after the date upon which it is issued. Any quotation may only be accepted in whole & not in part unless Rudridge gives its written consent to deductions or differences in quantity.

3. Application of Conditions

Except in relation to products supplied by Rudridge to the Buyer under a formal signal contract every order for products placed with Rudridge by the Buyer shall be subject to these Conditions of Sale which shall override any conflicting terms and conditions stipulated incorporated or referred to by the Buyer in his order or in any documentation correspondence or negotiations.

4. Delivery

Where delivery is to be made to the site the Buyer shall provide convenient and safe road access to facilitate delivery of the products and Rudridge reserves the right to deliver if it considers the access unsafe or unsuitable.

The Buyer when ordering vehicles delivering products off the public road does so at the Buyers own responsibility for any damage caused.

Should any damage be suffered to vehicles delivering products or should any additional costs be incurred in delivering products by reason of access provided being unsuitable or unsatisfactory Rudridge shall be entitled to recover such additional costs and to reimbursement for damage to vehicles in addition to the price.

Prices quoted by Rudridge are in respect of delivery of products made during the hours between 7.30am and 5.00pm. Monday to Friday excluding public holidays.

Any delivery date or time given to or by Rudridge or its representatives shall be for guidance only.

While every reasonable effort shall be made by Rudridge to comply with any such delivery to date or time the Buyer shall have no right to cancel the order or to damages whether direct or consequential and howsoever arising due to any failure for any cause by Rudridge to meet the delivery date or time.

The Buyer shall be responsible for any demurrage or waiting time caused by any undue delay in unloading.

The Buyer shall provide good fi rm level and clear ground on which to stack products.

5. Ex-Stock Products

Products offered for sale ex-stock are offered subject to being unsold upon receipt of the Buyers order.

6. Acceptance

The Buyer shall acknowledge receipt of each consignment of the products by countersigning and returning to Rudridge a receipt note.

The Buyer shall be bound by the counter signature of any such receipt note by any of his employees or agents or by any other person who reasonably appears to be authorised to sign the same.

7. Price

Prices quoted by Rudridge which are quoted exclusive of VAT shall by those ruling at the date of quotation and Rudridge shall be entitled to increase the prices by the buyers to prices charged by Rudridge at the date of delivery.

8. Defects

The Buyer shall inspect the products immediately upon delivery and shall notify Rudridge in writing within 36 hours of any matter or thing by reason whereof the Buyer alleges the products do not comply with his order whether as to quantity, quality or otherwise.

9. Terms of Payment

Where Rudridge has not agreed to give any credit payment is due at the time the order is accepted by Rudridge and must be made before the dispatch of the goods.

Where Rudridge has agreed to give credit payment must be received by the last day of the month in respect of goods dispatched in the previous month.

Rudridge may at any time withdrew credit facility and require payment for each consignment when it is available and before it is dispatched.

No dispute arising under the contract or delays shall interfere with prompt payment by the Buyer. The Buyer may not set up against Rudridge any breach of warranty or condition (express or implied) in diminution or extinction of the price and section 53(1)(a) of the sale of Goods Act 1979 is hereby excluded.

In the event that payment is not made by the Buyer on or before the due date of payment Rudridge reserves the right to charge interest at 4% per annum above the base rate of Rudridge bankers during the period of delay and to withhold further deliveries or to cancel any unexecuted part of the contract without liabilities for any consequential loss of profit or damages.

In the event of such cancellation or suspension of deliveries the Buyer will be liable to pay Rudridge (a) net cash forthwith for all goods which have been delivered by Rudridge to the Buyer under whatsoever contract for which payment has not been made and (b) net cash before dispatch of any further goods.

Any cancellation of the contract or suspension of deliveries under these conditions shall not prejudice any rights Rudridge may have against the Buyer.

10. Risk and Title

Risk in respect of loss or damage to the goods shall pass to the customer when goods are unloaded in the case of delivery to site and immediately upon loading where the goods are collected from Rudridge premises by the Buyer or on his behalf.

Title to the goods will pass when the Buyer makes payment in full or when Rudridge serves written notice on the Buyer that title has passed whichever is the sooner.

Until such time passes the Buyer shall (a) store the goods separately from any goods on his premises and (b) mark the goods clearly as belongings to Rudridge and (c) not interfere with deface or remove any labels or any identification marks.

The Buyer grants Rudridge or its representatives and irrevocable licence to enter any premises where the goods are believed to be for purpose of retaking possession of or otherwise disposing of the goods at any time before the title has passed.

Rudridge grants the Buyer a licence to use the goods or any part thereof in the course of his normal business operations or to sell the same on the condition that so much of the proceeds of the sale received under the contracts which include any of the goods used or sold under the contracts which include any of the goods used or sold under this licence as shall be necessary to satisfy the payment due to Rudridge in respect of the goods shall be held on trust for Rudridge in a separate bank account and shall not be mingled with other monies and shall be at all times be identifiable as the Rudridge monies.

11. Liability

Rudridges liability for any failure to supply or any defect or want or quality in goods supplied hereunder shall not exceed an amount equivalent to the price payable to Rudridge in respect thereof save in the case of death or personal injury where Rudridge is shown to have failed to exercise reasonable care in the supply of goods.

12. Insolvency

If the customer shall become bankrupt or compound with creditors or in the event of a resolution being passed for or proceedings being commenced for the liquidation of the buyer (other than for a voluntary winding up for the purpose of reconstruction or amalgamation) or if a receiver or Manager is appointed of all or any part of its assets or undertaking Rudridge shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any right or remedy accrued or accruing to Rudridge.

13. Force Majeure

Rudridge shall not be under any liability for any delay loss or damaged caused wholly or in part by act of God government restriction condition or control or by reason of any act done pursuant to a trade dispute whether such dispute involves its employees or not by reason of any other act matter or thing beyond its control.

14. No Assignment

The Buyer shall not assign this contract without the written consent of Rudridge.

15. Legal

The contract shall be governed and interpreted exclusively according to the law of England and shall be subject to the jurisdiction of the English Courts only.

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FARNHAM: 01252 711911

GRAVESEND: 01474 331164

BRENTFORD: 0208 569 8888

HORSHAM: 01403 892800