Design and Build - Structural Steel Work - Civil Engineering - Site Engineering Facilities

Terms & Conditions of Sale

Consumer transactions: nothing contained herein is intended to nor will it derogate from or exclude a consumer’s rights whether under the Sale of Goods Act 1979 or the unfair contract terms 1977 or at Common Law or otherwise which rights are preserved throughout.

  1. SUBJECT to the above statement all contracts for the supply of goods by the seller Holborne Group ltd. (thereafter referred to as “The Seller”) are made subject to the Conditions of Sale set out herein. No term, condition, or standard of performance is to be implied or incorporated into the contract by reference to any standard or printed terms or conditions or to any course of dealings referred to by on behalf of the buyer.
  2. DECRIPTION OF GOODS All drawings descriptive matter, weight, dimensions, volumes, specification, brochure, catalogues, price lists and all advertising matter are approximate and by way of identification only and are intended merely to present a general idea of the goods described therein and their use shall not in any circumstances render any sale a sale by description nor shall they form part of any contract.
  3. SAMPLES Any sample submitted or description given by the Sellers are only submitted or given as indicating the class or type of material concerned and no warranty or guarantee is given by the Sellers as to the size, colour, or quantity of the bulk of the goods other than they will comply with the appropriate British Standard Specification where applicable.
  4. VERBAL INFORMATION The Sellers shall not be liable in respect of any statement by its officers, employees, agents, or other representatives in relation to the goods which induces or may have induced or contributed to the buyers decision to enter into ant contract unless Sellers confirm in writing such statement prior to acceptance by the Sellers of the buyer’s order.
  5. LIABILITIES Goods are not tested or sold as fit for any particular purpose. Any term or warranty or condition expressed implied or statutory to the contrary is hereby excluded.
    • In no circumstances whatsoever shall liability (in contract tort or otherwise) to the buyer arising unde,r out, or in connection with this contract or the goods supplied exceed the invoice price of the particular item(s) in regard to which complaint is made.
    • However the Sellers shall (at the buyers expense) hold for the benefit of the buyer any remedies the Sellers may against the supplier or manufacturer of the goods.
  6. PRICE Any quotation made by the Sellers shall constitute an invitation to the buyer to make an offer on the items set out therein and all quotations are made subject to alternation or withdrawal by the Sellers without notice and to the goods being unsold.
    • In the event of rail and/or other transport costs, and/or wages being increased, and/or in the event of the costs of materials being increased prices shall increase accordingly.
    • All charges for packaging will be to the buyers account
    • All prices are subject to the addition of Value Added Tax at the rate applicable at the tax point date.
  7. TERMS OF PAYMENT All goods are supplied Net of Settlement discount and payment should be made on and before the last day of the month following the date of invoice. In the event that the buyer fails to pay in accordance with the terms all invoices rendered by the Sellers under all contracts between the Sellers and the buyer shall be deemed immediately due and payable whether or not any credit period under such contract has expired.
  8. INTEREST The Seller reserves the right to charge interest on any account not paid by its due date, from that date until the payment is made at the rate of 2% per annum above the HSBC plc. base rate prevailing from time to time during such period.
  9. UNLOADING AND DELIVERY All goods shall be unloaded promptly at the delivery point to the buyer and the Sellers shall not be held responsible for any damage sustained to such goods or property in the course of unloading,. Any such damage or property must be notified within four (4) days to both the Sellers and the carrier in writing.
  10. SHORTAGE OR DAMAGE No liability for shortage or damage to such goods will be accepted unless the goods are examined on delivery and any complaint made at the time of delivery to the delivery driver and reported in writing within four (4) days to both the Sellers and the carrier. If the buyer should fail to give such notice goods shall be deemed to be in respect in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly.
  11. CANCELLATION AND VARIATION After acceptance by the Seller of the buyer’s order no cancellation or variation thereof will be accepted without the written consent of the Sellers and then only upon such terms as the Seller in the sole discretion may specify.
  12. PROPERTY Title in the goods shall pass to the buyers only when full payment had been received by the Sellers for the goods whatsoever supplied (and all services rendered) at any time by the Sellers to the buyer. The buyers shall permit the servants or agents of the Sellers to enter onto the buyers premises and repossess the goods at any time prior thereto.
    • Subject to 12.2 below the buyer shall be at liberty to resell the goods in the ordinary course of business prior to the passing of title on the basis the buyer will account to the Sellers for the proceeds of Sale.
    • The buyer powers of sale automatically cease, if a Receiver is appointed over any of the assets, or the undertaking of the buyer, or a winding-up order is made against the buyer, or the buyer goes into voluntary liquidation (otherwise that for the purpose of reconstruction or amalgamation), or causes a meeting of, or makes any arrangement or composition with creditors, or commits any act of bankruptcy, or allows execution to be levied against its or his goods.
    • Should the goods (or any part of them) be converted into a new product, whether or not such conversion involved the admixture of any other goods or thing whatsoever and in whatever proportion the conversion shall be deemed to have been affected on behalf of the Sellers and the Sellers shall have the full legal and beneficial ownership of the new products, but without accepting any liability whatsoever in respect of such converted goods in relation to any third party and the buyer hereby indemnified the Sellers in relation thereto.
    • On dispatch by the Sellers to the order of the buyer, or delivery to, or collection by the buyer (including his employees, agents or representative) of all or any of the goods the whole of the risk in the goods so dispatched delivered or collected shall pass to the buyer.
  13. TIME The buyers orders are accepted by the Sellers on the basis that the goods and transport are readily available to the Sellers through their normal supplier(s) as and when required. The Sellers will not be for any delay in the supply or dispatch of the goods or any part thereof arising as a result of any strike, lockout, war, force majeure, civil commotion, fore accident, or defective material, or any other cause beyond its reasonable control.
  14. DESPATCH Any time given for dispatch or delivery of the goods is given in good faith,. In that regard however time is not of the essence of the contract and the Sellers will not be responsible or liable for any failure to comply with any dispatch or delivery date nor will it be responsible or liable for any loss arising from such failure.
  15. BALANCE OD ORDER All orders received will be processed and dispatched/delivered with expediency. Out of stock items will be balanced unless the Sellers have expressly agreed in writing not to do so.
  16. The contract shall be subject to English law.
  17. CREDIT Any contract shall be subject to the Sellers being satisfied as to the buyers credit worthiness and without prejudice to the generality of the foregoing the Sellers may, in its absolute discretion, having informed the buyer that the goods are ready for delivery, refrain from delivering the goods under such time as the buyer tenders the purchase money to the Sellers.
  18. ORDERS Orders sent in confirmation of telephone instructions or other verbal instructions should be clearly marked as such otherwise any expense incurred by the Sellers as a results of the duplication of order will be charged to the buyer.
  19. INSOLVENCY AND BREACH OF CONTRACT In the event of the buyer committing a breach of contract with the Sellers, or if any distress, or execution is levied upon the buyer for the benefit of the creditors, or commits any act of bankruptcy, or being a Limited Company has a receiver appointed of its undertaking, or assets, or parts thereof, or other than for the purposes of a reconstruction or amalgamation without insolvency goes into liquidation, the Sellers shall thereupon be entitled without prejudice to its other rights forthwith to suspend all further deliveries until the fault (if capable of remedy) has been made good, or to determine the contract or any unfulfilled part thereof, or at the Sellers option to make partial deliveries. Notwithstanding any such determination the buyer shall pay to the Sellers at the contract rate for all work done, materials used, and goods delivered up to and including the date of termination.
  20. SEVERANCE If at any time or any one or more of the provisions of these conditions becomes invalid, illegal or unenforceable with any respect under any laws the validity and enforceability of the remaining provisions hereof shall not in any way by affected or impaired thereby.
  21. WAIVER The rights and remedies of the Sellers under the contract shall not be waived or extinguished by the granting of any indulgence, forbearance, or extension of time by the Sellers nor by any failure of, or delay by the Sellers in asserting or exercising any such rights or remedies.