Nailsea.net is a trading name of John Clegg
The headings in this contract are for convenience only and do not affect interpretation. This contract shall be governed by and construed in accordance with the laws of England. They are the only Terms and Conditions under which Nailsea.net (“the Supplier”) will supply goods and services for you (“the Customer”). No other Terms and Conditions of Contract, representations or understandings of any kind will apply and the particulars set out in the Supplier’s order and schedule, together with these Terms and Conditions constitute the contract between the Supplier and the Customer. In the event of any conflict between these Terms and Conditions and any proposed by the Customer, these Terms and Conditions will apply.
The Supplier shall not be liable in any circumstances to the Customer if the supply or installation of any goods or provision of any services under this contract is prevented by any circumstances or combination of circumstances which is outside the control of the supplier including but without limitation, strikes or industrial disputes, shortage of materials or breakdown of machinery. If the Supplier believes that the circumstances of force majeure are likely to continue for any lengthy period the parties shall consider whether or not this contract shall be terminated, or if it shall continue, on what terms.
The Supplier gives no warranties other than as contained in Section 12 of the Sale of Goods Act 1979. The Supplier shall not be held liable to the customer for any indirect or consequential damage or loss howsoever caused including loss of earnings and/or profits.
The Supplier shall be entitled to terminate this Contract at any time after fourteen days of it becoming aware of the breach of any term of this contract, if that breach has not been rectified during that period or forthwith if the breach committed by the customer is not capable of rectification, or if the customer becomes insolvent or commits any act of bankruptcy or makes any composition with its creditors or has a Receiver appointed of its assets or commences proceedings of any kind for its liquidation. Any such termination shall be without prejudice to any claim that the Supplier may have against the Customer.
What you can expect from us
The Supplier will supply the goods and services as described on the order schedule.
Delivery will be made as soon as reasonably practicable. If delivery dates are given they are given in good faith but are a business estimate only and are not binding on the Supplier. Delivery will be made by the Supplier’s own transport or by a carrier appointed by the Supplier.
Unless specified in the order schedule, installation of the equipment is not included in the Contract.
This is a fixed price contract. The Supplier reserves the right to increase the price if for any reason installation cannot proceed as a result of some default by the customer. The rate of VAT shown on the order is the current rate. Rate variations will be passed on to the customer.
In the event of non-payment of any amount due the Supplier reserves the right to suspend the performance of this contract and to charge interest on any outstanding amount at the rate of 5% above HSBC Bank plc base lending rate until payment is made. In addition, direct and indirect costs of collection and clearance of such monies will be passed on to the customer.
The supplier will supply the goods and services as set out in this contract. If the Customer requests and the Supplier agrees to variations in the goods or services to be supplied the prices and the dates for delivery shall be amended as agreed between the Customer and Supplier. The Supplier shall be entitled to substitute for goods originally specified other goods more suitable or more readily available after first consulting with the Customer.
What we expect from you
The Customer will purchase the goods and services specified in the order schedule
The customer will pay the price for the goods and services as set out on the order schedule. The full balance including any additional costs as set out under these Terms and Conditions will be paid by the Customer and becomes due on the supply of the goods and services. If full completion is delayed for any reason the full balance less an amount which reflects the value of those goods and services delayed falls due.
The Customer will make suitable arrangements to take delivery of the Goods at its premises. Failure by the customer to accept delivery when made will lead to the Customer being charged with any storage charges that the Supplier may incur as a result.
The customer will be responsible for ensuring that suitable provision exists for any necessary mains electricity supply, and where appropriate for any computer network connection. The Customer is responsible for ensuring that the site for the installation is such that the installation complies with the Health and Safety at Work Act, or any relevant regulations made under that act, or any other relevant legislation.
If the Customer varies the goods or services, either by increasing or decreasing its requirements, the Supplier reserves the right to increase the price to reflect any additional costs. The Supplier reserves the right to charge the Customer for any goods already purchased by the Supplier which the Customer decides he does not require.
Risk and Title
Risk in the goods will pass to the Customer on delivery to the designated delivery address whether or not installation takes place immediately. Title in the goods shall pass to the Customer only on payment in full of the price. Until such date the Customer shall not remove from any of the goods any label or other identification which show that they are the property of the Supplier, and shall not be entitled to register their ownership of any software supplied with the manufacturer or their agent.