Terms and conditions of our Sales Order attached.
Please ensure that all material is examined for defects and check measurements before commencing any work as claims against processed material will be rejected.
We, Ensign Site Services LTD, supply goods to you only on the following conditions:
Your acceptance of our quotation or estimate does not create a binding contract between us until we accept your order in writing. You cannot cancel or assign any contract without our consent. Any variation of these conditions is invalid unless we accept it in writing, and these conditions prevail over any you seek to impose.
We aim to dispatch the goods as soon as possible - but regret that we are not liable for any delay outside our reasonable control.
The prices we quote can be amended by a reasonable amount if our costs rise, and do not include:
The goods are at your risk:
And you will indemnify us against any loss, except for any loss arising because we have not packed the goods in accordance with an express requirement in the contract. If you are not ready or present to receive the goods, we can choose to leave them at your risk or redeliver them at your additional expense.
Goods sold as 'non-prime' may be defective. Any defects in such goods are your responsibility (whether you inspect them or not) and you will indemnify us against all liability arising in relation to them.
You should inspect and test all goods as soon as they arrive. We are not liable for any shortages or defects unless you tell us in writing and let us inspect the goods before doing anything to them. You must tell us within 7 days from delivery - unless the shortage or defect would not have been disclosed by a careful inspection and reasonable tests, when you must tell us as soon as possible and in any event within 6 months of delivery.
It is your obligation to ensure goods are fit for the purpose for which you intend them. Sizes will be in accordance with the contract if within the rolling tolerances laid down by the producers. Quantities and weights will be in accordance with the contract if within 10%.
If goods (other than goods sold as 'non-prime') are defective and you comply with the previous condition, we will:
at our option. If death or personal injury is caused by our negligence we will indemnify you.
Our liability is limited to the guarantee in the previous condition. In respect of any other loss or consequential loss:
We are not liable for any process carried out by a third party (though we will assign you warranty if we can). We are not liable if you use goods after you knew, or ought to have known, that they were defective.
Our total liability will not exceed the total price you paid us for the relevant goods. In any event our liability will not exceed £5 million.
Our normal prices reflect these limitations on liability in our standard terms. If you ask, we are prepared to negotiate other provisions, but this will increase our price.
Inspecting or commenting on a specification, drawing or other information from you does not impose any obligation on us. You will indemnify us against all liability arising from our supplying goods in accordance with specification, drawing or other information from you.
You will pay us in full by the end of the month following the date of dispatch. You will not withhold payment because of any claim or allegation which we dispute. If you do not pay us on the due date, you will pay:
Anything we supply still belongs to us until you pay everything you owe us. If you do not pay by the due date, we can enter your premises to reclaim anything we have supplied (even if it has been processed) and we will not be liable for any damage.
If any of these conditions is held to be invalid or unenforceable, that will not affect the validity and enforceability of the rest. Our rights will not be affected by any relaxation, forbearance, indulgence or waiver in enforcing these conditions.
Our dealings with you are governed by English law and come within the jurisdiction of the English courts.
The headings do not affect the interpretation of these conditions.
Reg Office: Unit 5 Blyth Rd, Oldcotes, Worksop S81 8JE, United Kingdom
Reg Number: 04711593
