Clark Drain Terms and Conditions

1. These conditions shall apply to and form part of every contract of sale entered into by Clark-Drain Ltd ("The Seller") and all orders are accepted and executed upon the basis that the Buyer accepts and shall be bound by these Conditions, which shall prevail over any conditions of purchase, which the Buyer may seek to impose.

2. The contract between the Buyer and the Seller is created by the acknowledgement of order from the Seller.(The Buyer should therefore check carefully the terms as stated on the acknowledgement of order and notify the Seller within 24 hours of receipt if it does not state accurately the Buyers requirements).)

3. The right is reserved to alter/modify Seller's product specifications without prior notice. Dimensions and weights are approximate and are given for general guidance only. These conditions constitute the entire agreement between the Buyer and the Seller, no employee or agent of the Seller has authority to vary these conditions or to make any representations whatsoever concerning the products sold by the Seller.

4. In agreeing to manufacture the Product to your order it is understood that should a claim be made against us that its manufacture or supply infringes intellectual property or other rights of any third party you will fully indemnify us against any damages or other compensation awarded against us or agreed to be paid by us in settlement of the claim together with all legal and other expenses incurred.

5. Orders accepted and acknowledged by the Seller may not be cancelled by the Buyer. Goods currently supplied against the Buyers order cannot be returned.

6. The price of goods will be that ruling as at the date of despatch. Any price quoted is exclusive of VAT and any packing transport and delivery costs incurred by the Seller in effecting delivery)

7. The buyer shall pay the Seller by the 15th of the month following the month of delivery, subject to maintaining a credit arrangement satisfactory to the Seller. Otherwise payment shall be due on or before delivery. Without prejudice to its other rights in the event that any sum remain unpaid after the due date for payment the Seller reserves the right:
7.1. To suspend any deliveries to the Buyer
7.2. To charge interest on all overdue accounts at the rate of 4% above the base rate for the time being of Barclays Bank Plc such interest to accrue on a daily basis both before and after judgment.

8. The Buyer shall not be entitled to withhold, suspend or set off against payments for goods delivered for any reason whatsoever.

9. Until the Seller has been paid in full for the goods comprised in this and any other contract between the Buyer and the Seller the Buyer shall hold The Goods in a fiduciary capacity as bailee for the Seller and title to the goods shall remain with the Seller and:
9.1. The Buyer shall store the goods in such a manner that they are clearly the property of the Seller
9.2. The Seller reserves the right of disposal of the goods and may retake possession thereof at any time and for that purpose may by its servants or agents enter upon any land or premises occupied by the Buyer notwithstanding the foregoing risk in the goods shall pass to the Buyer upon delivery.

10. Delivery shall be effected by the Seller either to the Buyer at the Seller's premises or to such address as may be specified by the Buyer. (The Buyer shall bear and there shall be added to the invoice price all costs, (including packing transport and insurance) incurred by the Seller in effecting delivery). The Seller shall use all reasonable endeavours to deliver within any time scale specified by the Buyer or stated by the Seller provided always that time shall not be of the essence of any contract between the Buyer and the Seller and the Seller shall not be liable in any manner whatsoever in the event that delivery is not effected on or before any date specified.

11. Goods must be examined and checked by the Buyer on delivery. Any shortages or damage must be endorsed on the carrier's receipt and any such shortage, damage or otherwise any defect in the goods as delivered shall be notified to the Seller within 24 hours of the time of delivery. The Seller shall investigate and if appropriate inspect any alleged damage or defective goods and shall at its sole discretion repair or replace the same provided always that no amendments, modifications or repairs may be made to any such alleged damaged or defective goods without the prior approval of the Seller.

12. The Seller shall use all reasonable endeavours to supply goods of the quality reasonably required by the Buyer but no warranty (whether express or implied by statute or otherwise) concerning the material, workmanship or the fitness for any particular purpose, whether such purpose be known to the Seller or not, is given by the Seller and any such warranty which may be implied (whether by law custom or practice) is expressly excluded by the Seller.

13. The Seller shall not be liable in any manner whatsoever for any loss suffered by the Buyer or any third party in connection with any sub-contract or re-sale.

14. The contract between the Buyer and the Seller shall be governed and constructed in accordance with the Law of England and Wales.

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