Terms & Conditions
The general terms and conditions of sale below apply to Ridgeons Ltd hereinafter
(b) Ridgeons reserve the right to refuse to execute any order or contract if the arrangements for payment or the customer’s credit are not satisfactory to Ridgeons. In the case of non-payment of any account when due or in the case where there shall be any default or refusal on the part of the customer to take due delivery of any goods or in the case of death, incapacity, bankruptcy or insolvency of the customer or when the customer is a limited company in the case of liquidation or the appointment of a Receiver, Administrative Receiver, Administrator or nominee under a voluntary arrangement with creditors, then the purchase price of all goods and/or work invoiced and/or delivered by Ridgeons to the customer to date shall immediately become due and payable from the customer to Ridgeons. In addition Ridgeons shall have the right to cancel every contract made with the customer or to suspend or continue delivery of goods and/or the execution of work at Ridgeons option without prejudice to Ridgeons right to recover any loss sustained.
(c) Interest at the rate of 1.3/4% per month accruing daily shall be payable in respect of all sums not paid by the date on which they are due.
(d) When there is a query/dispute on an invoice, such query/dispute must be notified to Ridgeons, in writing before the date on which payment becomes due. If the customer is awaiting credit from the manufacturer or Ridgeons is awaiting credit from the manufacturer on the customer’s behalf, the customer cannot withhold payment of other items on the same invoice or other invoices.
(e) If the customer has difficulty in paying for the goods then Ridgeons may offer to accept return of those goods which are normally held in stock in place of payment, provided that those goods are in good condition.
(f) If a cheque received from the customer is not paid on first presentation then a charge of £20.00 will be made to the customer to compensate for the bank charges and administration involved.
(g) If a customer wishes to pay his credit account by credit card a surcharge of 2% will be levied.
6. DELIVERY – shortages/damages
(b) When goods are offered for delivery to site Ridgeons obligation is to deliver as near to site as a safe hard road permits. If a vehicle delivers or collects goods to or from a place off the public road the customer shall be solely responsible for any accident or damage resulting. The customer shall provide free of charge any labour necessary for unloading goods when delivered and Ridgeons driver’s responsibility is limited to handling goods off the vehicle. If any Ridgeons vehicle is kept on site for an unreasonable time or has to return to the depot without completing delivery through lack of assistance or if additional staff have to accompany any Ridgeons’ driver, an appropriate additional charge will be made. If the customer does not accept delivery of goods ordered for any reason costs incurred will be charged.
(c) No liability is accepted for any loss arising from delay in delivery of goods unless Ridgeons have expressly agreed to be bound by a delivery date which is of the essence of the contract. When delivery depends upon receipt of goods from the manufacturer, Ridgeons do not accept responsibility for delay in such delivery unless Ridgeons have obtained and reported to the customer acceptance by the manufacturer of the express condition as to time; but Ridgeons will afford to the customer any remedy available to Ridgeons against the manufacturer but this shall be the limit of Ridgeons liability. Ridgeons accept no responsibility for delay or non-delivery due directly or indirectly to strike, fire, act of state, force majeure or other circumstances beyond its control.
(d) If the customer wishes to claim that there is any shortage on delivery in respect of goods supplied by Ridgeons, that the same have been damaged in transit or that any goods supplied by Ridgeons are defective or not in accordance with the contract,then the customer shall give notice in writing to Ridgeons and (in the case of any shortage or damage in transit) to any carrier by whom the goods were delivered within three days after the date of delivery of the same. If the customer fails to give such notice or fails to give Ridgeons the opportunity to inspect the entire consignment, the goods shall be deemed to have been delivered and to be in accordance with the contract in all respects, and therefore accepted by the customer.
(e) If the customer or the customer’s consignee breaks bulk on delivery or unloads the whole or any part of a consignment of goods or materials the customer is deemed to have accepted delivery.
(b) Returnable packages and pallets are credited when received in good condition carriage paid at manufacturers’ works or, when appropriate, our yard.
(c) Ridgeons shall not be liable in respect of defective or inadequate straps or packing provided by any supplier to Ridgeons for goods sold by Ridgeons to the customer. The customer shall verify the safety and adequacy of all packing materials.
8. MINIMUM CHARGE FOR SMALL QUANTITIES DELIVERED
9. CANCELLATION OF ORDERS
10. RETURN OF GOODS
12. MANUFACTURER’S GUARANTEES
13. MANUFACTURE TO ORDER
(b) In the case of products supplied with advertised stress capacities they are warranted to possess such capacity.
(c) All warranties and undertakings are subject to claims being made within three days of delivery of the goods.
15. VARIATIONS IN QUANTITIES OF TIMBER
16. SALES BY DESCRIPTION
18. DEFECTIVE/FAULTY GOODS
(i) death or personal injury resulting from Ridgeons negligence.
(ii) direct physical damage to customer’s tangible property caused by Ridgeons negligence.
(b) Ridgeons total liability for all loss or damage which is claimed to result from any breach of Ridgeons obligations hereunder shall be limited to the customer’s actual money damages which shall not exceed the contract price for the goods (provided that the monetary limit shall not apply to Ridgeons liability for death or personal injury under (a) (i) above).
(c) In no event shall Ridgeons be liable for the loss or damage set out below even if foreseeable by Ridgeons or in Ridgeons contemplation.
(i) economic loss including loss of profits, business revenue, goodwill or anticipated savings;
(ii) damages in respect of special, indirect or consequential loss or damages.
(iii) any claim made against the customer by any other party.
19. RESERVATION OF TITLE
(b) The customer shall store goods sold by Ridgeons to the customer in such a way that they are readily capable of being identified as Ridgeons property. Ridgeons labels and markings shall not be removed before title shall have passed to the customer upon payment.
(c) The customer grants Ridgeons a licence to enter at all times any premises in the occupation of the customer or to which the customer has access and where the goods to which title has not passed to the customer from Ridgeons may then be situated. Ridgeons shall then have the right to repossess goods sold by Ridgeons which have not been paid for.
(d) The customer shall not deal with the goods in any way other than in the normal course of the customer’s business. Until such time as payment in full has been made of all sums payable in respect of goods, the customer shall not be entitled to sell or otherwise deal in or transfer the property in the goods (whether or not they have been attached to other products) except on the condition that as between the customer and Ridgeons, the customer shall be deemed to be acting as Ridgeons fiduciary agent. However nothing herein contained shall be construed so as to create any privity of contract between Ridgeons and any person other than the customer. In the event of any sale or disposal of any of the goods to a third party whether or not they have been attached to other products:
(i) The customer shall, if Ridgeons so require, assign to Ridgeons any right of action against the third party in respect of money due for such goods;
(ii) If the customer receives money for such goods the customer shall act as Ridgeons fiduciary agent and shall hold such monies in a separate account to identify the same as being Ridgeons property;
(iii) Ridgeons shall account for any monies received that exceed the sum due from the customer to Ridgeons in respect of goods sold;
(iv) Where the goods have been sold together with any products to which they have become attached, the price payable by the third party shall be deemed to include a price in respect of the goods equal to the price payable by the customer to Ridgeons.
(e) In the event that Ridgeons repossess goods Ridgeons shall be absolutely entitled to resell the same or use them in Ridgeons business as Ridgeons may think fit. If Ridgeons resell the same Ridgeons shall be absolutely entitled to the proceeds of resale.
(f) If Ridgeons repossess goods the customer’s liability in respect of the purchase price shall be extinguished without prejudice to any claim which Ridgeons may have in respect of transport, storage or handling charges or in respect of damages of any kind.
21. CONSUMER PROTECTION
Ridgeons Ltd. Registered in England 2416904 VAT No 599 6045 82