Terms and Conditions

TERMS AND CONDITIONS OF SALE 

"the Buyer" means the person(s), firm or company who purchases the Goods from the Company;

"the Company" means J & E Trading Limited (CRN: 03212031) of Castle Cottage, Thorpe Salvin, Worksop, Nottinghamshire, S80 3JS;

"the Contract" means any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Conditions;

"Goods" means any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them) 

1. These Conditions apply to all the Company's sales and any variation to these Conditions and any representations about the Goods  shall have no effect unless expressly agreed in writing and signed by a director of the Company. 

2.  Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions.

3. No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.

4. The date of delivery shall not be of the essence and the Company will not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, loss of profits, loss of business, depletion of goodwill and like loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company's negligence), nor will any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 90 days.

5. If for any reason the Buyer will not accept delivery of any of the Goods when they are ready for delivery, risk in the Goods will pass to the Buyer (including for loss or damage caused by the Company's negligence) and the Company may store the Goods until delivery whereupon the Buyer will be liable for all related costs and expenses (including, without limitation, storage and insurance).

6.  The weight, analysis and size of any consignment of Goods as recorded by the Company upon despatch from the Company's place of business shall be conclusive evidence of that received by the Buyer on delivery.  Any claims to the contrary must be made to the Company in writing within 07 days of delivery.

7.  If any dispute or difference shall arise between the parties in connection with or arising out of the contract, which cannot be settlement amicably between the parties, then either party shall give the other 14 days written notice to such effect, and such dispute or difference shall be referred to a single arbitrator agreed between the parties within 14 days of the date of the said written notice, or in default of agreement, as may be nominated by the Chartered Institute of Arbitrators.

8.  Any liability of the Company for non-delivery of the Goods shall be limited to (at the Company’s option) replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

9.   The Goods are at the risk of the Buyer from the time of delivery.

10.  All Monies Retention of Title - Title of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods, and all other sums which are or which become due to the Company from the Buyer on any account.

11.  Until ownership of the Goods has passed to the Buyer, the Buyer must store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company's property and not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods. 

12.    The Buyer's right to possession of the Goods shall terminate immediately if the Buyer has a bankruptcy order made against him or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator, or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer or the Buyer is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986.

13.  The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer's right to possession has terminated, to recover them.

14.    The price for the Goods shall be exclusive of any value added tax or other equivalent taxes unless stated otherwise in the Contract.

15.  The Buyer shall make all payments due under the Contract without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.

16.   If the Buyer fails to pay the Company any sum due pursuant to the Contract the Buyer will be liable to pay interest to the Company on such sum from the due date for payment at the rate of LIBOR plus 4% per annum accruing on a daily basis until payment is made, whether before or after any judgement.  The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.

17.  All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract. 

18.  Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.

19.   Subject to conditions 17 and 18:

19.1           the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the Contract price; and

19.2           the Company shall not be liable to the Buyer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

20.  The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

21. The Company may assign the Contract or any part of it to any person, firm or company.

22.    The Company reserves the right to defer the date of delivery or payment or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event in question continues for a continuous period in excess of 90 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

23.  If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

24.  The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

25.  The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.EXPORT TERMS 

26.  Where the Goods are supplied by the Company for export, the provisions of Conditions 26 to 31 shall (subject to any special terms agreed between the Buyer and the Company) apply notwithstanding any other provision of these Conditions.

27.  Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms 2000 shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms 2000 and these Conditions, the latter shall prevail.

28.  Unless otherwise agreed between the Buyer and the Company, the Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them.

29.  Unless otherwise agreed between the Buyer and the Company, if the Goods are delivered fob the air or sea port of shipment the Company shall be under no obligation to give notice under section 32(3) of the Sale of Goods Act 1979.

30.  The Buyer shall be responsible for arranging for testing and inspection of the Goods at the Company's premises before shipment.  The Company shall have no liability for any claim in respect of any defect in the Goods which would be apparent on inspection and which is made after shipment, or in respect of any damage during transit. 

31.     For the purposes of these export conditions, Incoterms 2000 means the international rules for the interpretation of trade terms of the International Chamber of Commerce which came into force on 1 January 2000.

TERMS AND CONDITIONS OF PURCHASE

“the Company” means J & E Trading Limited (CRN: 03212031) of Castle Cottage, Thorpe Salvin, Worksop, Nottinghamshire S80 3JS ;
“the Contract” means the Order and the Seller’s acceptance of the Order;

 

“Goods” means any goods agreed in the Contract to be purchased by the Company from the Seller (including any part or parts of them);

 

“Order” means the Company’s written instruction to receive the Goods, incorporating these Conditions;

 

“the Seller” means the person(s), firm or company who accepts the Company’s Order.

1.    Each Order for Goods by the Company from the Seller shall be deemed to be an offer by the Company to purchase Goods subject to these Conditions and no Order shall be accepted until the Seller either expressly by giving notice of acceptance, or impliedly by fulfilling the Order, in whole or in part accepts the offer.

 

2.    These Conditions apply to all the Company's purchases and any variation to these Conditions shall have no effect unless expressly agreed in writing and signed by a director of the Company.

 

3.    The Company's rights under these Conditions are in addition to the statutory conditions implied in favour of the Company by the Sale of Goods Act 1979.

 

4.    If any dispute or difference shall arise between the parties in connection with or arising out of the contract, which cannot be settlement amicably between the parties, then either party shall give the other 14 days written notice to such effect, and such dispute or difference shall be referred to a single arbitrator agreed between the parties within 14 days of the date of the said written notice, or in default of agreement, as may be nominated by the Chartered Institute of Arbitrators.

 

5.    At any time prior to delivery of the Goods to the Company the Company shall have the right to inspect and test the Goods at all times.  If the results of such inspection or testing cause the Company to be of the opinion that the Goods do not conform or are unlikely to conform with the Order or to any specifications supplied or advised by the Company to the Seller, the Company shall inform the Seller and the Seller shall immediately take such action as is necessary to ensure conformity and in addition the Company shall have the right to require and witness further testing and inspection.

 

6.    The final weight for invoicing purposes is to be established by the Company using a reputable, independent body.  Weights established by draft surveys or from other similar forms of weight estimation are not acceptable for invoicing purposes.

 

7.    Without prejudice to any other right or remedy which the Company may have, if any Goods are not supplied in accordance with, or the Seller fails to comply with, any of the terms of this Contract the Company shall be entitled to avail itself of any one or more of the following remedies at its discretion, whether or not any part of the Goods have been accepted by the Company:

7.1           to rescind the Order;

7.2           to reject the Goods (in whole or in part) and return them to the Seller at the risk and cost of the Seller on the bases that a full refund for the Goods so returned shall be paid forthwith by the Seller;

7.3           at the Company's option to give the Seller the opportunity at the Seller's expense either to remedy any defect in the Goods or to supply replacement Goods and carry out any other necessary work to ensure that the terms of the Contract are fulfilled;

7.4           to refuse to accept any further deliveries of the Goods but without any liability to the Seller; and

7.5           to claim such damages as may have been sustained in consequence of the Seller's breach or breaches of the Contract.

 

8.    The Seller shall keep the Company indemnified in full against all direct, indirect or consequential liabilities (all three of which terms include, without limitation, loss of profit, loss of business, depletion of goodwill and like loss), loss, damages, injury, costs and expenses (including legal and other professional fees and expenses) awarded against or incurred or paid  by the Company as a result of or in connection with any claim made against the Company in respect of any liability, loss, damage, injury, cost or expense sustained by the Company's employees or agents or by any customer or third party to the extent that such liability, loss, damage, injury, cost or expense was caused by, relates to or arises from the Goods as a consequence of a direct or indirect breach or negligent performance or failure or delay in performance of the terms of the Contract by the Seller.

 

9.    Where the Goods are imported by the Seller for supply to the Company, the provisions of Conditions 9 to 16 shall (subject to any special terms agreed between the Company and the Seller) apply notwithstanding any other provision of these Conditions.

 

10.  Unless the context otherwise requires, any term or expression which is defined in or given a particular meaning by the provisions of Incoterms 2000 shall have the same meaning in these Conditions, but if there is any conflict between the provisions of Incoterms 2000 and these Conditions, the latter shall prevail.

 

11.  Unless otherwise agreed between the Company and the Seller, the Seller shall be responsible for complying with any legislation, regulations or customs formalities governing the transit of the Goods through any country, the importation of the Goods into the country of destination and for the payment of any duties on them.

 

12.  Proof of delivery of the Goods must be delivered to the Company by the Seller.

 

13.  The Seller shall be responsible for testing and inspection of the Goods at the Seller's premises before shipment whether mandated by the authorities of the country of export or not.

 

14.  Unless otherwise agreed between the Company and the Seller, the Goods shall be delivered, carriage paid, to the Company's place of business or to such other place of delivery as is agreed by the Company in writing prior to delivery of the Goods.  The Seller shall at its expense off-load the Goods as directed by the Company.

 

15.  Time for delivery shall be of the essence.

 

16.  If the Goods are not delivered on the due date then, without prejudice to any other rights which it may have, the Company reserves the right to:

16.1         cancel the Contract in whole or in part;

16.2         refuse to accept any subsequent delivery of the Goods which the Seller attempts to make;

16.3         recover from the Seller any expenditure reasonably incurred by the Company in obtaining the Goods in substitution from another supplier; and

16.4         claim damages for any additional costs, loss or expenses incurred by the Company which are in any way attributable to the Seller's failure to deliver the Goods on the due date at the rate of 0.50% of the value of the Goods for each week of delay up to a maximum of 5% of the value of the Goods delayed, where no liquidated damages sum is specified in the Order.

 

17.  Where the Company agrees in writing to accept delivery by instalments the Contract will be construed as a single contract in respect of each instalment.  Nevertheless failure by the Seller to deliver any one instalment shall entitle the Company at its option to treat the whole Contract as repudiated.

 

18.  If the Goods are delivered to the Company in excess of the quantities ordered the Company shall not be bound to pay for the excess and any excess will be and will remain at the Seller's risk and will be returnable at the Seller's expense.

 

19.  The Goods shall remain at the risk of the Seller until delivery to the Company is complete (including off-loading and stacking) when ownership of the Goods shall pass to the Company.

 

20.  The price of the Goods shall be stated in the Order and unless otherwise agreed in writing by the Company shall be exclusive of value added tax but inclusive of all other charges.

 

21.  Without prejudice to any other right or remedy, the Company reserves the right to set off any amount owing at any time from the Seller to the Company against any amount payable by the Company to the Seller under the Contract.

 

22.  The Company shall have the right at any time and for any reason to terminate the Contract in whole or in part by giving the Seller written notice whereupon all work on the Contract shall be discontinued and the Company shall pay to the Seller fair and reasonable compensation for work-in-progress at the time of termination but such compensation shall not include loss of anticipated profits or any consequential loss.

 

23.  The Company shall have the right at any time by giving notice in writing to the Seller to terminate the Contract forthwith if:

23.1         the Seller commits a breach of any of the terms and conditions of the Contract;

23.2         the Seller has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or a resolution is passed or a petition presented to any court for the winding up of the Seller or for the granting of an administration order in respect of the Seller, or any proceedings are commenced relating to the insolvency or possible insolvency of the Seller;  or

23.3         the financial position of the Seller deteriorates to such an extent that in the opinion of the Company the capacity of the Seller adequately to fulfil its obligations under the Contract has been placed in jeopardy.

 

24.  The Seller shall not be entitled to assign the Contract or any part of it without the prior written consent of the Company.

 

25.  The Company may assign the Contract or any part of it to any person, firm or company.

 

26.  The Company reserves the right to defer the date of delivery or payment or to cancel the Contract or reduce the volume of the Goods ordered if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.

 

27.  Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

 

28.  If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall, to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness, be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

 

29.  The parties to this Contract do not intend that any term of this Contract will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.

The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.



CONSIGNMENT STOCK TERMS AND CONDITIONS
  1. You have entered into a written Consignment Stock Agreement with the Buyer which includes:
    • quantified amounts of goods supplied by you to be held on consignment by the Buyer;
    • the dates of the release of goods from the consignment stock to the Buyer, at such times as the Buyer requires.
    • That goods are kept separate from the Buyer’s stock and remain identifiable as your property.
    • That the Buyer has responsibility for insuring and safekeeping of the goods.

 

  1. For the purpose of your Special Conditions, any Consignment Stock Agreements must be in writing, signed and dated by both parties with terms of payment being within your maximum payment period.

 

  1. The cover will be limited to the cumulative value of the goods sent on consignment. This will not include late payment interest, penalties, damages, duties or taxes. For this cover to be applicable, you must hold a credit limit either set by an information report provider under the Partner’s Policy, or through your Credit Management Procedures for an XOL Policy at the time of delivery. The Credit limit must cover the cumulative value of goods on consignment.

 

  1. For the purpose of this Endorsement, goods will be considered as having been dispatched to a Buyer on the date on which the goods are released in compliance with the terms of the Consignment Stock Agreement (the “Goods Released”).

 

  1. Goods withdrawn from consignment must be notified to you in writing within 7 days. The notification must contain a description of the goods withdrawn and the quantity. You must raise an invoice for these goods within 30 days.

 

  1. Our liability under this Endorsement is restricted to indebtedness arising from Goods Released which you have included in your declaration of Turnover and in respect of which you have paid premium. We shall not be liable for any debt arising from sales made from consignment stock if they were not established in accordance with the terms of this endorsement.

 

  1. In the event of a claim, the company may require that an independent check of the consignment stock values be carried out.

 

The present endorsement enters into force on 1st August 2017 and expires on 31st July 2019

All other terms and conditions of this policy remains the same.

Ferro Aloy Traders