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Terms & Conditions Page | 2021 | Prices in UK £ Sterling | ![]() |
EVERYVALVES TERMS AND CONDITIONS |
Pages 11 - 20
Pages 21 - 30
Pages 31 - 39
Index / Technical Page
Petro-Chemical Valves
Tefen
Surplus Stock
Mothly Offers
Send Enquiry To Everyvalve
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------------- Send Enquiry To Everyvalve ------------
Non Return Valves
Nozzle Valves - Trigger
Nylon Fittings - BSP
Nylon Fittings - Hose & BSP
Pressure Gauges
Pressure Reducing Valves
Pressure Sustaining Valves
Pipe & Fittings
Pumps
Pneumatic Actuated Valves
Swing Check Valves
Slide Gate Valves
Strainers
Suction Filters
Spray Nozzles
Stopcocks
To
All Customers (The Buyer)
19,
Station Close, Potters Bar, Herts. EN6 1TL. (Registered Office)
1. Goods
Are not tested or sold as fit for any particular purpose and any term warranty
or conditions express implied or statutory to the contrary is excluded in no
circumstances whatsoever shall the Seller's liability (in contract, tort or
otherwise) to the Buyer arising under out of or in connection with this contract
or the goods supplied hereunder exceed the invoice price of the particular
piece(s) concerned. The Seller shall be under no liability for loss or damage or
cancellation or delay howsoever arising caused by circumstances outside his
control. All offers or quotations are void after 30 days duration and deliveries
are at the precise time of quotation and variations can occur afterwards.
Acceptance of goods is acceptance of Terms and Conditions of Sale
and article correctness,
without
exception. Direct deliveries to separate address from that of Client
are at Clients responsibility & possible extra cost.
All contracts confirmed & acknowledge by the seller are made in Potters Bar.
All application of products supplied are only to be handled / installed by
experienced / qualified / familiar personal.All orders are considered and
acknowledged in writing/email, where agreed, as a firm contract irrevocably,
under English law statutes/ British justices.
2. The Property
In the goods shall not pass to the Buyer until the Buyer has paid to the
Seller the whole price thereof if, notwithstanding that the property in the
goods has not passed to the Buyer, the Buyer shall sell the goods in such manner
as to pass to a third party a valid title to the goods, the Buyer shall hold the
proceeds of such sale on trust for the Seller. The Buyer agrees that prior to
payment of the whole price of the goods the Seller may at any time enter upon
the Buyers premises and remove the goods there from and that prior to such
payment the Buyer shall keep for the purpose of any such sub-sale. Not-
withstanding that property in the goods shall not pass to the Buyer save as the
goods separate and identifiable for this purpose. Nothing herein shall
constitute the Buyer that Agent of the Seller provided above, the goods shall be
at the risk of the Buyer, from the time of collection by or delivery to him of
the goods or after the expiration of the rent-free period referred to below,
whichever is the earlier. An 'All Risks' insurance full value cover to be
arranged by the buyer, until all goods are paid for, to the satisfaction of the
seller. Goods will be stored rent free for fourteen days from the date of this
contract or the date for collection (if any is agreed upon) or the date when the
goods are available for collection, whichever is the later, after which the
Buyer shall pay rent at the rate charges by Public Dock Authorities in the area.
Any delay caused by the unreasonable act or default of either party or rail or
road transport or craft furnished by the other to be for the account of the
party causing the delay. All goods received by the buyer shall be clearly
marked, dated and stored as such until full payment is made for these (Original
supplied boxes with 'EVE' adhesive tape to be used with copies of delivery
note). The goods must be clearly identified. This section is also referred to as
being an all moneys clause. All bulk goods supplied are packed and stored as
such by the buyer may be taken as the last lot supplied with same specification
on unpaid invoiced goods.
3. If the Buyer
Shall
fail to make due payment of all moneys due by the Buyer to the Seller on
whatever account then until all such moneys have been paid the Seller shall be
entitled to withhold delivery of the goods or any part thereof and during such
time the goods shall be deemed to be not available for collection. If the Buyer
does or suffers to be done anything which might prejudice his ability to pay the
full price he shall be deemed to have repudiated this contract and the Seller
may without prejudice to his other rights accept such repudiation without notice
as termination thereof. The Buyer shall take delivery or collect the goods
within the time limit provided for under this contract, in the event that he
fails to do so within such limit, the Seller shall be entitled to treat such
failure as a repudiation of the contract and may without prejudice to his rights
accept such repudiation without notice as termination thereof. All moneys are
considered as due to the seller which were agreed initially with the buyer plus
costs incurred with any repudiation procedures. Any legal procedures are always
agreed to be held locally to Everyvalve or its agents.
4. Failure to Pay & Storage.
Should the Buyer fail to make payment for an agreed contract, without written good reason for a justifiable cause, in accordance with British Law, then The Seller reserves the option to make claim to any said indebtedness through whatever means available. Where Court applications are involved, all disbursements are chargeable to The Buyer, which includes - Court costs, Interest Charges from date of debt, Attendance Charges, Legal Advice Costs. Also there is a minimum Bad Debt Management Charge of £200.00 for time and paperwork necessitated by the seller for unpaid invoices in full or part. All discount amounts are forfeited and claimable with submission invoices by the Seller to cover these lost discounts occasion by the Buyer's failure to pay within the agreed period of time. Statements are supplied Monthly and failure to inform of missing invoices within 40 days by the seller necessitates a copy charge by the vendor of £10- Default letters and Credit collection phone calls are £10.00 each. Duplicate invoices are £10.00 at any time. A charge shall remain on the goods, if not paid for, whether passed on to second, third or forth parties, for the full amount plus costs of enforcement. Any granted credit terms are strictly in accordance with those printed on our invoices and those issued on any formal offer. A standard 30 day credit A/C means that payment is due within thirty days of the end of the invoicing Month and not any later. These terms override always any that may be written on clients orders that suggested or state payments will be made over a longer period.. Credit facilities may be withdrawn for those clients proposing, insisting or attempting to extend the credit periods that we offer. Prepayment in the absence of credit facilities will then be available to clients in such circumstances. The geographical point of client placed orders is responsible ultimately for payments, where communication is requested to some office in a foreign destination, which does not respond to payment requests then any contract may deemed to be broken. Storage- If storage of goods becomes part or not part of the contract because of non payment as agreed, then a reasonable storage charge may be levied related to internal or external necessary facilities at a Level to cover the expense extra to the invoiced amount with a supplementary invoice.
5. Notice
Of any claim arising out of or in connection with this contract must be given in
writing to the Seller within 7 working days from the date when the goods are
collected or delivered, failing which all claims shall be deemed to be waived
and absolutely barred. In any event the Seller shall be under no liability for
shortage or damage unless within 3 days of delivery the Buyer gives written
notice of claim otherwise than on a consignment note or delivery document to the
carrier and to the Seller. The Seller shall be under no liability whatsoever if
bulk is broken pending settlement of any claim, or, where the goods collected or
delivered include plywood or particle board, if the marked battens on the
packages (if any) are not produced with the goods for inspection by the Seller.
Returns of goods to seller or cancellations are not permitted without the
seller's written permit. All invoice value queries must be made without delay
and in any case within 18 days of issue date.
6. No Penalty Clauses
Are accepted whatsoever by EVERYVALVE in any contract whatsoever whether
directly or indirectly presented by the vendor at time of enquiry or contract
placing. Predetermined delay in full payment by clients for a contract are not
accepted by EVERYVALVE from the client. Any insistence on this will be liable to
interest charges liveable on the vendor. Any quotations supplied are net of any
such items as mentioned in this paragraph and where written Director's Authority
is given to override the aforementioned clauses then it must be assumed that the
potential penalties must be added to the value of tenders
7. If it is agreed
That the goods be processed the Seller may arrange for such processing to be
performed by a third party and in such case the operation shall be carried out
on the Standard Terms and Conditions of the Third party.
8. All Sales to arrive
Shall be
subject to shipment and safe arrival. Any variation in the total of the war
risk insurance rate or any charge, tax, levy, duty or impost on the goods
shall be for the Buyer's account. Instruction for the delivery to be given
in time to enable them to be carried out upon arrival. In the absence of
such instruction of if ordered by the Buyer to rail or road transport or to
craft and the Buyer fails to provide same when goods are available the
Seller may take such steps as he may in his absolute discretion consider to
be necessary to clear the goods and may recover from the Buyer all expenses
thereby incurred. Special/ verbal instructions for goods shipment, by the
buyer are always totally at the buyer's risk. If the buyer ships goods to a
third party as a client or co-user then both parties are liable for payment
of goods, (assembled or not) to the seller. All goods received and accepted
by the client are always deemed to have been supplied on The Seller's Terms,
without exception
& correct on
delivery driver's consignment notes will mean
exactly, what that phrase means. Claims for damage may not be made
subsequently. All delivery driver1s paperwork should be signed unchecked and
good condition clause crossed off.
Each parcel has a notice outside to advise this.
9. If any contract(s)
Made by the Seller to procure the goods provided for variation of price(s) or
for the cancellation of such contract(s) in the event of alteration in rate(s)
of exchange and if by virtue of such provision either the price of any of the
goods to be paid by the Seller, or the Sterling equivalent thereof, is varied or
the contract(s) is cancelled then the price(s) of such goods under this contract
shall be varied by the same amount or the Seller at his option shall have the
right to cancel this contract by notifying the Buyer in respect of any goods not
delivered to the Buyer at that date. All contracts are deemed to be made at the
seller's registered office unless otherwise agreed in writing by the seller.
Subsequent or extra conditions for supply after an order or contracts is
placed on Everyvalve Ltd - These are not usually accepted unless possible
and agreed in writing by Everyvalve Ltd plus they may attract extra costs.
These situations include certifications, changes in spec., quantity supply,
times of delivery and payments dicords. Risk assessments are per client's
responsibility.
Subsequent or extra conditions for supply after an order or
contract is placed on Everyvalve Ltd – These are not usually accepted unless
possible and agreed in writing, by Everyvalve plus they may attract
extra costs. These situations include certifications, changes in spec,
quantity supply, times of delivery and payment discords. Risk
assessments are per client`s responsibility.
10. Any Variation
In the cost to the Seller of effecting delivery of the goods to the Buyer or in
charges directly or indirectly the goods which occurs after the date of the
contract and prior to delivery of the goods to the Buyer shall be for the Buyers
account save that if any contract made by the Seller to procure the goods
provides for cancellation of such contract in the event of a refusal by the
Seller to agree to any variation of the rate of freight, and if by virtue of any
such provision such contract is cancelled, then the Seller have the option of
cancelling this contract by notifying the Buyer in respect of any goods not
delivered to the Buyer at that date. Latest terms of sale apply always to
transactions by seller
(Printed on our website). Any site deliveries made on behalf of a client are at
our clients risk totally and complaints are invalid if not made within 24 hours
of expected delivery for whatever reason. Site delivery proof of deliveries may
cost up to £20 or more in the event of any extra work entailed to obtain such
proofs.
The see seller reserves the right to make changes to the supply path,
without notice for reasons on non-availability and economics of goods. The
tech specification or performance will not be changed of the goods, without
Notice to the client.
11. All terms
Express or implied, relating to quality of goods are warranties only the breach
of which gives no right to reject the goods or terminate the contract in any
circumstances whatever. All agreements whatsoever have to be in writing.
Quality document
is on our website. Individual infilling of Client quality document may be
chargeable. Details about
Quality, ROSH, Cosh,
Reach, Slavery, Environment and Packaging procedures are shown at length
in our quality section of our website
www.everyvalve.com We therefore ask all claimants of
information to extract these details from the website. Otherwise we reserve
the right to charge for form filling on such matters at a rate of £1.00
minimum or more per question for all questions, irrespective of answers possible, payable up
front.
12. All prices
Quoted
are exclusive of Value Added Tax where applicable. Payment for the goods shall
be made on or before the date fixed in accordance with the terms agreed between
the Buyer and the Seller for the operation of the account between them, in the
event that payment shall not have been made by such date the Seller shall be
entitled to recover from the Buyer interest or any outstanding balance at the
rate of 1.1/2% per Month of overdueness, for the time being in force for the
period from such date until the date of payment. Any special terms or DISCOUNTS
from our catalogue or lists will automatically be forfeited for overdue payments
and the full amount of the goods will be put to the Buyers charge by way of
warning and subsequent invoice covering the differing amount for adding to the
buyers account.£10 is charged for uncleared cheques from client's bank.
Recovery costs or legal or court charges necessary for recovering outstanding
moneys owed by the buyer to the seller are fully the buyer's responsibility. All
such costs will be added to moneys reclaimed by the seller. The buyer pays for
goods shipments as ex-works from the seller
unless agreed in writing by both parties.
13. Accuracy and description
of goods
Subject to where the goods are
stated to be sold as complying with a recognised trade or industry standard, all
descriptions, specifications, drawings and particulars of weights, dimensions
submitted by the seller or otherwise contained in the seller's catalogues or
brochures, price lists, quotations and other published matter are approximate
only. All specifications, quotations and advice given by the seller or agent to
the purchaser, are given without responsibility relating to the goods, unless
given in writing by an authorised officer of the seller in reply to a specific
request from the purchaser before or at the time the contract is made. Verbal
orders are accepted only at the purchaser's sole and complete risk and errors
are at his cost. Catalogue terms and descriptions are of the essence and other
descriptions which vary and cause exchange of goods and expense, are totally at
the buyer's cost as are
special Manuals, Drawings or Certificates.
All client`s orders must state technical requirements and Brand if
appropriate or necessary. Nothing may be assumed from previous
orders/contracts.
14. Inspections Of Contract Orders
These
may be occasioned by agreement prior or at the time of contract in written format with Everyvalve Ltd & the supplier making reasonable case / request. Charges will be made for the time, Everyvalve Ltd personal or elected representatives. Third party inspection are possible covering the aforementioned with all extra costs being prepaid by the client. All inspections may carried out on Everyvalve Ltd premises. It is not agreed for external inspection at a manufacturing or agents plant of products anywhere else inland or overseas.
15. Return of Goods
We
do not accept these without official written approval by Directors of the
Seller. If goods are specially produced or acquired for any contract then no
credit for clients return will be given. In other cases an acceptance of returns
may only be considered in the light costs involved and the buyer's willingness
to pay a restocking charge, if agreed by the Seller. 30 days is the maximum time
from an invoice that any consideration may be made with full identification,
delivery notes and reasons being submitted in writing. Exchanges of goods have
to reflect the costs involved and the differential of actual product prices, if
agreed. Returned goods need to be in pristine condition also for resale, in a
sorted and labelled condition.
16. All Preparation or
Internal Procedures or Commercial or Technical 'know-how'
Used in compilation of orders or contracts is regarded as confidential and not
for divulgence to a buyer under any circumstance by the seller under any
conditions or reason.
17. Where these Terms and
Conditions
In any way conflict with any
terms on which the Buyer has purported to purchase the goods, then the
provisions of any such terms of the Buyer shall be deemed to be ineffective to
the extent that they are inconsistent herewith. It is also obligatory upon the
buyer, or his representatives, that all contracts be officially legally
registered promptly in accordance with the Companies Act 1985 Part X11 as
amended. Without prejudice to the other rights of the seller, if the buyer fails
to do so, all sums whatsoever owing by the buyer to the seller shall forthwith
become due and payable in a reasonable time of say seven days of receipt of
goods or acknowledgement, whichever is the earlier.
18. Copyright
Where
goods are designed or made to a design by the seller and sold to the buyer, the
contract is deemed as being one of provision of 'know-how' and goods to the
buyer for a and agreed price. Replication of design or copying the products is
regarded as an infringement of the seller's design and royalties or commission
are liable by the buyer to the seller, during or after the event. Provision of
specific products to the buyer excludes the buyer to emulate, copy or replicate
the items.
19. Negligence
Of official officers representing the company (The Buyer) to maintain contract
details & advise immediately of financial actions or abilities which affect
the capacity of the buyer to meet all obligations, renders personal charges for
negligence against all officers. This clause also applies to officers acting
officially on behalf of the company in a Receivers or liquidators capacity.
Company Number in
UK 4688071 PUC = UK £ 5,300 VAT Number GB820 7031 70 / (3256)
Everyvalve Ltd | 19 STATION CLOSE | POTTERS BAR | HERTS | EN6 1TL | TEL
: 0044(0)1707642018 | FAX : 0044(0)1707646340
MANUFACTURER AND SUPPLIERS TO COMMERCIAL INDUSTRIES.
Min. Order Value UK Sterling £30.00 Nett. & Min. Line
Value UK Sterling £4.00 Nett.
All information given as a guide only. Suitability must be
established before application of products at all times.
© 2000 - 2021 Everyvalve Ltd E&OE
PLEASE NOTE : Prices subject to change without prior notice.