STANDARD CONDITION OF SALE CONTRACT

DEFINITIONS

“The company”, “we”, “our” or “us” refer to Forward Builders Supplies Limited, Co. Reg No. 02119338

“The buyer”, “the customer” or “you” refer to the individual, company, or other legal entity purchasing goods from the above.

1. GENERAL

1.1. These conditions form the sole conditions applicable to any contract entered into by us and no warranty, conditions, or description of representation inconsistent with these conditions is given or implied from anything stated or written prior to the conclusion of any contract that may arise as a result of our quotation..

1.2. Any conditions of sale or purchase conflicting with these conditions shall not apply to the goods sold, and these conditions shall prevail, and any acceptance of the goods from us by you implies acceptance of these conditions..

2. PRICES

2.1. The price and terms of our quotation are based on conditions ruling at the date thereof and are subject to alteration at any time..

2.2. Your acceptance of our quotation or any part supply against it does not bind us to execute the whole or any part of your order and we reserve the right to provide goods at the current ruling prices at the date of supply.

2.3. Any typographical error or clerical omission in any sales literature, quotation, price list, or other document issued by us may be corrected without liability on our part, and we reserve the right to correct any pricing errors on invoices retrospectively.

3. PART ORDERS

3.1. In the event of the whole order not being placed with us, we reserve the right to revise our prices.

4. SAMPLES AND ADVICE

4.1.Samples submitted are representative only, and materials supplied may show slight variation in substance, performance, color, dimension, or other characteristics, and no claim will be accepted in respect of these variations.

4.2. Any estimates of quantities required or any counsel or recommendation given as to the suitability of goods for a particular purpose are for guidance only and are given without liability on our part.

5. CANCELLATION

5.1. Contracts and orders may not be canceled unless written permission is obtained, and then only on terms that will indemnify us against loss.

5.2. Goods made to special order cannot be canceled under any circumstance.

6. DELIVERY

6.1. We do not undertake to deliver or collect any goods over surfaces we consider to be unsuitable. If a vehicle used for performing our contract for the delivery or collection of goods is forced to utilize such surfaces, then the customer will be solely responsible for any accident, injury, loss, or damage to the said goods, said vehicle, our employees, or otherwise resulting in consequence.

6.2. It is the customer’s responsibility to inform us of any access restrictions (e.g. low bridges, weight limits, etc).

6.3. It is the customer’s responsibility to provide free of charge the means required for offloading of all deliveries.

6.4. Where goods are delivered by installments, each delivery shall be deemed to constitute a separate enforceable contract.

6.5. We reserve the right to pass on costs incurred by us due to redirected, aborted, or delayed deliveries where culpability lies with you.

7. FAILURE TO SUPPLY / FORCE MAJEURE

7.1. We accept no responsibility for failure to supply or for delay in supplying any materials or goods which may be due directly to any cause or circumstance beyond our control.

8. DEFECTS

8.1. All goods sold to us shall carry the same guarantee as is given to us by the manufacturers or suppliers thereof, and we shall be under no other liability whatsoever.

9. INVOICE QUERIES

9.1. Any disputes concerning goods supplied must be made in writing within 7 days of receipt of goods.

10. TERMS OF PAYMENT

10.1. Payment shall be made in full in accordance with the credit terms agreed, failing which:

• i. The company shall be entitled to withdraw all credit facilities at any time and to suspend further supply of materials under this or any other contract with the buyer.
• ii. The price of all goods already supplied shall immediately become due and payable without regard to credit terms previously agreed.
• iii. The buyer’s right to discount (if any) shall be forfeited.
• iv. The buyer shall pay interest on the amount outstanding at the rate provided for under Late Payment Legislation prevailing at the time.

10.2. Should payment remain in arrears more than 7 days after final written demands be made:

• i. The company shall have the right to sell to third parties the outstanding balance hereunder or under any contract and in any case without prejudice to any claim by the company against the buyer for repudiation of the contract or otherwise.

11. CREDIT INSURANCE

11.1. Should credit insurance cover ever be removed or reduced by our insurance providers, we reserve the right to modify our credit limits with immediate effect without penalty from the buyer. We will, however, confirm such circumstances directly to the credit account holder concerned.

12. TITLE AND RISK

12.1. Risk in the goods shall pass to the customer when the goods are supplied.

12.2. The property in the goods shall remain ours until the buyer has paid in full all sums due to us whether in respect of this contract or otherwise.

12.3. Until title passes:

• i. You shall hold the goods as our fiduciary agent and bailee.
• ii. You shall not interfere with any identification marks, labels, batch numbers, or serial numbers on the goods.
• iii. We agree that you may use or agree to sell the goods as principal and not as our agents in the ordinary course of your business subject to the express condition that at our discretion the entire proceeds of any sale or insurance proceeds received in respect of the goods are held in trust for us and not mixed with any other monies or paid into an overdrawn bank account and shall at all times be identifiable as our money.
• iv. We shall be entitled at any time to recover any or all of the goods in your possession to which we have title, and for that purpose we, our employees or agents may, with such transport as necessary, enter upon any premises occupied by you or to which you have access and where the goods may be or are believed to be situated.

13. RETURNS

13.1. Goods may only be returned by prior agreement, and you must contact the company in advance to arrange.

13.2. Damaged, opened, out of date, or goods deemed unfit for resale for any reason will not be accepted.

13.3. Goods made to special order cannot be returned under any circumstance.

13.4. Goods returned due to defect, damage, or being unfit for purpose will be refunded in full.

13.5. Goods returned due to misorder, overorder, or no longer required will be refunded in full (subject to prior inspection), but the customer will be liable for cost incurred for their return, including return haulage and restocking charges where applicable.

14. DISTRIBUTORS

14.1. Being distributors of materials only, we cannot agree to be nominated as sub-contractors.

15. OFFSETS AND COUNTER CLAIMS

15.1. The buyer shall not be entitled to withhold payment of any amount payable under a contract because of any disputed claim of the buyer in respect of faulty goods or any other alleged breach of the contract.

15.2. The buyer shall not be entitled to offset or contra any amounts payable under the contract against monies presently payable by the company without express permission from the company.