Salesmark West Limited Terms and Conditions of Sale
All rates and prices quoted, all services undertaken and performed and all orders received by Salesmark West are quoted , undertaken and received subject to the following conditions (including this condition) which shall be deemed to form part of the Contract between Salesmark West Ltd and the Buyer for the sale to the Buyer of the goods ordered.
In these conditions:
- Salesmark West. means Salesmark West Ltd, its successors and assignees.
- Buyer. means the person, firm, or company by whom, or by whose agent the order is submitted to Salesmark West.
- Goods. means the articles or things or any of them described or refereed to in the order.
- Order. means the order placed by the buyer for the supply of goods.
No variation or addition to those conditions shall be effective unless agreed in writing by Salesmark West, in particular, those conditions shall, unless otherwise agreed by Salesmark West: prevail over any other standard conditions of the Buyer, and the fact that such standard conditions may be included or referred to in any writing which forms part of the contract shall not itself be indicative of such agreement.
The risk of loss or destruction of or damage to the goods shall pass from Salesmark West to the Buyer at the time of delivery, or at such other time as agreed in writing between the parties.
Property in the goods shall not pass to the Buyer until payment has been made in full for the goods and for any other sum due by the buyer to Salesmark West on any other account whatsoever.
The proceeds of any re-sale of the goods by the Buyer will be held by the Buyer upon trust for Salesmark West in an account separate and identifiable from other monies of the Buyer until payment in full as aforesaid.
In any re-sale of the goods, the Buyer shall not be and shall not represent or hold itself out as being the agent of Salesmark West in respect of the contract of re-sale. The Buyer, upon demand from Salesmark West, shall forthwith assign to Salesmark West in writing and in such form as Salesmark West shall require all of the buyers rights against the purchaser of the goods under the contract of re-sale.
So long as the property in the goods remain in Salesmark West and the Buyer is in default of any obligation hereunder, Salesmark West shall have the right without prior notice to the Buyer to re-take possession of the goods (and for that purpose to go on any premises occupied by the buyer at any time) and on such re-taking the Contract, of which this condition forms part, shall be terminated.
Until the property in the goods passes to the Buyer, the Buyer shall keep Salesmark West informed of the location of the goods in good and marketable condition.
4) CREDIT AND SUPPLIES
In the event of failure on the part of the Buyer to pay for the goods or any other goods supplied by Salesmark West by the due date, Salesmark West shall have the right in its absolute discretion and without assigning any reason therefore, and notwithstanding any Contract the Buyer may have made with a third party, to terminate without notice any agreement to make supplies to any person, to refuse or limit the amount of credit given to the Buyer and to withhold supplies from any person.
Salesmark West may allow settlement discount for prompt Salesmark West payment in accordance with the terms agreed with the customer at the time of the order. Settlement discount will not be allowed on overdue accounts. In the case of non-payment by the due date, the sum payable (together with any sum payable for any further goods supplied up to the date when the proceedings are commenced) shall become due and payable forthwith together with interest from the due date for payment at such rate as may be specified in Salesmark West’s terms of sale at any given time.
All prices are quoted subject to alteration without notice and all goods are invoiced at prices correct on the day of despatch, unless otherwise agreed between the parties. If on the instructions of the Buyer, other arrangements are made, any additional cost will be payable by the Buyer.
Goods consigned to destinations in the United Kingdom for Account Customers will be carriage paid by Salesmark West by the cheapest route, unless otherwise agreed between the parties. For Non Account Customers carriage may be charged. If, on the instructions of the Buyer, other arrangements are made, any additional costs will be payable by the buyer.
8) NON DELIVERY AND/OR DISCREPANCIES (UNITED KINGDOM SALES)
If, within seven days after receipt of invoice, the goods covered by that invoice are not delivered, Salesmark West must be notified in writing immediately. If damage, pilferage or shortage is revealed when the goods are delivered, Salesmark West and the Carrier must be notified in writing (other than on Salesmark West’s or the carrier’s documents) within 72 hours of delivery.
9) SITE CONDITIONS / DE-SELECTION OF PRODUCT
All wood products are Hygroscopic (it will react to the moisture in the environment) and as a result will expand and contract accordingly.
Any dampness must be completely dry and the product acclimatised.
It is important that you check each plank for any manufacturing defects and the planks must be deselected if not acceptable prior to installation.
Salesmark West will not be liable without proof of negligence on their part or on the part of any of their employees for any damage, loss or injury of any kind, arising directly or indirectly from the use, storage or application of the goods. Any advice or recommendation given by Salesmark West, its servants or agents with regard to the use, storage or application of the goods is given without liability on the part of Salesmark West, its servants or agents, as the case may be, unless negligence is proved.
11) FORCE MAJEURE
Salesmark West shall not be liable for any delay in performance, or for failure to render any performance under the contract and any such delay or failure on its part shall, for all purposes, be excused when such delay or failure is caused by Acts, orders or regulations issued by central or local government (whether or not valid) fire, industrial disputes, war, hostilities, civil commotions, riots, flood, accident, epidemic, embargo, shortage of transport, appropriation of plant or the goods in whole or part, shortage of raw materials or failure of supplies (or the threat or reasonable apprehension of any of the foregoing) or any other causes, whether of a like or different nature beyond the reasonable control of Salesmark West.
The rights and remedies of Salesmark West set out in these conditions are in addition and without prejudice to any other rights or remedy which may be available to Salesmark West.
13) AGE RESTRICTIONS
To comply with UK Law regarding Aerosols and Knives, the buyer must be at least eighteen years old.
Any contract between the Company and the Buyer shall be governed by English Law and be within the exclusive jurisdiction of the English Courts.
15) GDPR COMPLIANCE
We process personal information for certain legitimate business purposes, which include some or all of the following:
Where the processing enables us to enhance, modify, personalise or otherwise improve our services / communications for the benefit of our customers
- To identify and prevent fraud
- To provide credit and account facilities
- To enhance the security of our network and information systems
- To better understand ho people interact with our websites
- To provide communications which we believe will interest you about product price changes and offers, product launches, product specification changes, unforeseen events and other useful information
- To determine the effectiveness of promotional campaigns and advertising
Whenever we process data for these purposes we will ensure that we always keep your Personal Data rights in high regarded take account of those rights. You have the right to object to this processing if you wish, and if you wish to do so please write to: Managing Director, Salesmark West, Stockport Park, Stockport Road, Amesbury, Wiltshire, SP4 7LN. Please bear in mind that if you object this may affect our ability to carry out tasks above for your benefit.