Terms and Conditions of Business

1. In these conditions “the Company” means A & P J Steels Limited.
2. All sales by the Company are subject to these conditions except so far as the same shall have been varied in writing signed by a responsible officer of the Company on its behalf. No provision in the buyer’s order or acceptance shall form part of the Contract of Sale.
3. Dates or periods for delivery quoted by the Company are given in good faith but are not of the essence of the Contract.
4. The Company shall be deemed to have fulfilled the Contract if the goods delivered are within tolerance of 10% below the quantity ordered.
5. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full for all goods delivered to the buyer under this and all other contracts between the seller and the buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
6. Unless a fixed price has expressly been agreed by the Company the price payable by the buyer shall be the Company’s ruling price at the date of despatch of each delivery. Prices include delivery unless otherwise agreed and are subject to the adding of Value Added Tax. Payment is due in net cash by the end of the following month following that of delivery. The Company shall be entitled to receive interest at the rate of 4% above the current base lending rate of Lloyds Bank Plc on any sum overdue for payment and shall be relieved of any liability to deliver to the buyer further goods under this or any other contract until all such sums and interest have been paid in full.
7. Without prejudice to its other rights the Company may terminate the Contract Or suspend further deliveries to the buyer in the event of the buyer’s failing to make payment for any goods or being subject to any distress or other legal execution or becoming insolvent or (being a body corporate) having passed a resolution for voluntary winding up or being subject to a winding-up-order or the appointment of a receiver.
8. If the buyer agrees to collect the goods from the Company the Company shall be under no liability for the operation of the transport of the buyer or his contractor. The loading of the said transport in compliance with Road Traffic Legislation is the responsibility of the buyer or his contractors.
9. The Company warrants that goods sold by it are within the usual tolerances as to quality and finish. As the Company is generally unaware of the use to which the goods will be put all conditions and warranties as to fitness for purpose whether express or implied and whether arising by statue custom of the trade or at common law are excluded
10. The liability of the Company in the event of its being in breach of contract is limited to loss and damage following directly from such breach and the parties agree that no claim shall be pursued or entertained in respect of indirect or consequential loss, loss of profit or damage to the buyer’s plant or premises.
11. The Company shall not be liable for:
• (a) defects in the goods which would be apparent upon a reasonable examination thereof unless within seven days of receipt of the goods the buyer shall give written notice of such defect and shall thereafter afford the Company reasonable facilities for their inspection before use or processing.
• (b) The Company shall not be liable for defects in the goods not apparent upon reasonable inspection unless the same shall have been discovered within three months of the receipt of the goods and shall have been notified to the Company in writing so that the Company shall have had reasonable facilities for inspection.
• (c) The Company shall not be liable for short weight of goods sold unless the buyer shall have given notice thereof within seven days of receipt of the goods and afforded the Company a reasonable opportunity to witness a further weighing.
12. The Company shall not in any event be liable:
• (a) for any loss, damage, delay or detention or miss delivery of the goods in the course of transit unless the buyer shall have given the Company and the carrier within three days of receipt of the goods written notice of the buyer’s complaint
• (b) for non-delivery or non-arrival of the whole or any consignment of the goods or of any separate package unless the buyer shall have given the Company and the carrier a written notice thereof within twenty days of the date of the Company’s advice note or scheduled date of delivery
13. If the Company shall have delivered goods in breach of contract but shall have rendered performance not substantially different than expected then it may by way of complete satisfaction of the buyer’s claims
• (a) offer the buyer the goods at a reduced price
• (b) offer to take the goods back repay the price of them or
• (c) offer to take the goods back and replace them within a reasonable time
14. The Company shall not be liable for failure or delay in delivery caused by fire the elements Acts of God or the Queen’s enemies civil commotion industrial dispute strike lockout shortage of raw materials or fuel breakdown of plant, acts ordered or regulations of the government late receipt of the buyer’s specification or other necessary information failure of the postal system or other unavoidable cause whatsoever.
15. The Company shall not be liable for goods that have been processed.
16. This contract shall be deemed to have been made in England and shall be governed in all respects be English Law. The buyer shall submit to the jurisdiction of the English courts.
17. All hire processing and storage of the purchasers/customers materials is subject to the standard conditions of the National Association of Warehouse Keepers, a copy of which has been dispatched to you.