Terms and Conditions of Business with Ian Wilson Haulage Ltd.

Terms and Conditions

1. Interpretation

In these Terms:

“Business” means [Ian Wilson Containers Ltd]

“Customer” means the purchaser of Goods/Services from the Company.

“Goods/Services” means all Goods/Services provided by the Business to the Customer. “Terms” means these terms and conditions of Sale/Services.

2. Application

2.1 These Terms apply to all contracts for the sale of Goods/Services by the Business.

2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Business unless confirmed by the Business in writing.

2.3 The Customer acknowledges that no employee or agent of the Business has any right to make any representation, warranty or promise in relation to the Goods/Services other than as contained in these Terms.

3. Prices

Prices are agreed by both parties where no other agreement has been signed.

4. Payment

4.1 Payments are to be made to the Business without any deduction or discount other than as stated in these Terms or in the relevant invoice or statement.

4.2 The balance of the invoice price must be paid as per the payment terms on the invoice.

4.3 Interest is payable on all overdue accounts calculated on an annual basis at the rate of 8.5% as from the date due for payment until payment is received by the Business. (interest in line with Late Payment Act 1998 and interest rates may vary)

4.4 Should the supplier incur administration costs in relation to funds due from the buyer the supplier reserves the right to recoup these and another costs the supplier may incur due to non-payment.

5. Delivery (sales only)

5.1 If the Customer fails to collect the Goods or accept delivery within 21 days of being notified of their availability, the Business may terminate this contract, keep any deposit paid and resell the Goods.

5.2 The Business reserves the right to charge the Customer storage on goods not collected or delivered within 5 days of notification of their availability at the rate of £25.00 per week or part thereof.

5.3 The Business reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.

5.4 Any failure on the part of the Business to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.

6. Retention of Title

Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.

7. Risk and Insurance

7.1 The Goods/Services are entirely at the risk of the Customer.

7.2 The Customer must, at its own expense, maintain the Goods and insure them for the benefit of the Business against theft, breakdown, fire, water and other risks as from the moment of delivery to the Customer and until title in the Goods has passed to the Customer.

8. Inspections

Unless the Customer has inspected the Goods/Services and given written notice to the Company within 2 days after collection/delivery/performance that the Goods/Services do not comply with the relevant specifications or descriptions, the goods are non-returnable.

9. Cancellations

No order may be cancelled, modified or deferred without the prior written consent of the Business (which is at the Businesses sole discretion). If such consent is given it is subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).

10. Limited Liability

10.1 These Terms do not affect the rights, entitlements and remedies conferred by the Sale of Goods Act 1979 or a prior agreement between parties.

10.2 The Business is not subject to, and the Customer releases the Business from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods/Services.

11. Personal Guarantee

Where you accept this invoice on behalf of a Limited Company, you confirm that you give a personal guarantee to pay any invoices/disbursements should the Limited Company be unable or unwilling to pay those invoices/disbursements for any reason.

12. Contract

The terms are wholly contained in these Terms. The Contract is deemed to have been made at the Businesses place of business where an order was placed/instructions given and any cause of action is deemed to have arisen there. These terms do not override any prior agreement made between parties.

13. Right to Enter Premises

In any of the circumstances referred to in clause 14, the Customer:

(a) authorises the Business by itself, its agents or representatives at all reasonable times, without notice, to enter onto (with force if reasonably necessary) and to remain in and on any premises where the Goods are located in order to collect the Goods, without being guilty of any manner of trespass; and

(b) assigns to the Business all the Customer’s rights to enter onto and remain in and on such premises until all the Goods have been collected.

14. Breach

The Business will not be liable for any breach of contract due to any matter or thing beyond the Businesses control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.

15. Waiver of Breach

No failure by the Business to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Business may have, and is not a waiver of any subsequent breach or default by the Customer.

16. No Assignment

Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Business, which is at the Businesses absolute discretion.

17. Severability

If any provision contained in these Terms is held by a Court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

18. Governing Law

These Terms and the Contract shall be governed by the law of England and the parties submit to the Courts in respect of any dispute arising.