Terms & Conditions

DEFINITIONS:

 

In these terms and conditions “The Company” shall mean reclaimedbricks.com and the “Purchaser” shall mean the firm, company, corporation, person or body by who man order is given to the Company.

 

APPLICATION OF TERMS:

 

These terms and conditions shall apply to all quotations and sales of goods by the company and unless otherwise agreed in writing shall be the only terms and conditions relating to any contract arising therefrom. Any other condition, representations, warranties, or descriptions whether written or oral, express, implied, statutory or otherwise are expressly excluded other than such statutory conditions or warranties as may not be capable of exclusion.

 

QUOTATIONS:

 

Quotations are given by the Company in good faith and are based on up to date information at the time. Quotations are open to acceptance within 30 days of dispatch by the Company. Prices quoted by the Company are subject to increase without notice in the event of there being any rise in the market price of the goods after the date of the quotation or order and prior to delivery occasioned by any cause outside the control of the Company. We shall be entitled to add to the invoice price and to recover from the Purchaser any Value Added Tax or other tax which is in force all the time of execution of the contract or any taxes which may be added thereafter and which shall apply to this contract.

 

PRICES:

 

Goods will be invoiced and paid for at the Company’s prices current at the date of despatch of the goods, such prices superseding and replacing all previous quotations or other prices unless otherwise specifically agreed in writing. The Company will do its best but shall not be bound to inform the Purchaser of any such increase.

 

VARIATIONS:

 

Any variations and/or modification to a contract to be effective must be forthwith confirmed by the Purchaser and approved by us in writing.

 

AVAILABILITY OF GOODS:

 

Any order may be cancelled by the Company without notice if the Company are prevented from obtaining, purchasing or manufacturing the goods or from delivering the same by reason of force majeure, civil commotion, adverse weather conditions, strike, lock-out, fire, accident, breakdown of plant, machinery or vehicles or any other cause outside the control of the Company, and the Company will not accept liability for delays, damages, breakages, or any other consequences arising from or contributed to by any such matters.

 

MIXING BRICKS:

 

Where materials are delivered in pack form the Purchaser shall in accordance with recognized practice and/or the brick manufacturer’s recommendations ensure that several packs are used simultaneously to obtain, as far as possible, an even blend of color and size.

 

PAYMENT:

 

Payment will be made in cash at the same time an order is placed unless the Company has agreed monthly credit facilities. Monthly credit facilities shall means that all goods delivered in any one calendar month shall be paid for by the Purchaser in full on or before the last day of the month following. In the event of non-payment of any amount due from the Purchaser the whole balance outstanding on the Purchaser’s account shall become payable forthwith and the Company reserves the right to withhold further deliveries until such payment has been effected, cancel any contract with the Purchaser without being liable to the Purchaser for any loss occasioned or arising therefrom, or at the Company’s discretion to cancel the monthly credit facility with effect that all further goods supplied to the Purchaser must be paid for in advance. The Company reserve the right to disallow any discount that may be applicable to the contract entered into by the Purchaser and to charge interest on such outstanding accounts at a rate not exceeding 15% per annum.

 

TITLE TO GOODS:

 

Ownership of the goods shall not pass to the Purchaser until payment in full for the same has been made to the Company. If the goods concerned remain unsold in the custody of the Purchaser they shall belong to the Company and be returnable to us on demand. If the goods have already been used and form a building construction or part thereof than it is agreed that ownership of the building or construction will pass to the Company to the extent of the amount owed. The Purchaser will, as guaranteed for payment to the Company, thereupon stand as a Trustee for the Company to the extent of the amount owed. If the building or construction is sold the Company’s claim will attach to the proceeds of sale in the same manner as if the Company was a secured creditor in respect of the sale proceeds.

 

DELIVERY:

 

(a) Quotation (unless otherwise expressed) include the Company’s charge for delivering full lorry loads of goods to the site nominated by the Purchaser, such charges being based upon the assumption of unrestricted site access: level stacking space, firm standing, assistance for unloading time of 1.5 hours allowed by occasioned by the Purchaser having failed to provide the above facilities, the Company reserves the right to render an invoice for time wasted.

(b) Whilst the Company will make every effort to deliver goods to such points on a site as may be requested by the Purchaser the Company does not undertake to deliver to any specific point on a good hard road.

(c) The Company will not be liable for any damage done to goods from unloading or handling on site, unless such damage is occasioned by the act or neglect of the Company’s agent or servant.

(d) Although the company will use its best endeavor to comply with the Purchaser’s delivery requirement, the Company will not be liable for delay in delivery howsoever occasioned and time shall not be deemed to the essence of the contract.

(e) If there is no proper site access, storage space or unloading facilities the Company reserves the right to withhold delivery and charge for the wasted journey.

(f) If the Company holds goods pending for more than 14 days from receipt of delivery instructions from the Purchaser or the Purchaser does not accept the goods within the period the Company may invoice and are entitled to be paid for such goods as also for the storage time.

(g) Where the goods are collect ex-works by the Purchaser or his servant or agent the Company’s responsibility ceases when the goods are handed over to the Purchaser or his servant or agent.

(h) Goods delivered by rail will be dispatched at Owner Risk Rates unless the Purchaser expressly requests.

(i) The Company will not accept liability for shortage or loss of goods unless written notification thereof is given to us by the Purchaser in compliance with Clause14 (1) hereof.

 

SUITABILITY OF GOODS:

 

The Company will accept no liability as to the suitability of the goods for the purpose for which the Purchaser may require them.

 

SAMPLES:

 

Samples submitted by the Company are an indication of texture, size, colors and general appearance only. Bulk supplies cannot be guaranteed to correspond in every respect. Any reference is a quotation to British Standards. Technical Data or other specification are intended as a guide only, and if the Purchaser wishes to rely on any such matter as a term of contract the same must be put in writing by him and agreed to in writing by the Company prior to or at the time of entering into such contract.

 

QUALITY OF GOODS:

 

The Company warrants that the goods shall be of sound material and workmanship, and in the event of a defect in the goods being notified to the Company in writing within 7 days of the date of delivery, in respect of which notification time shall be of the essence, and the Company being satisfied that the defect is the result of unsound materials or workmanship the Company will at its own costs replace the goods delivered with goods of sound material and workmanship or otherwise reach an agreed settlement with the Purchaser. In the event of the goods being delivered note those ordered by the Purchaser and of the Purchaser notifying the Company thereof in writing within 7 days of delivery, in respect of each notification time shall be the essence, the Company will at its own cost and as speedily as practicable replace the said goods with the like quantity of the nature ordered by the Purchaser. Save as foresaid the Company shall not be liable in contract tort or howsoever otherwise in respect of any loss or damage suffered by the Purchaser as the result of any defect in the goods supplied. Whilst every effort will be made to avoid variation of shades and sizes in goods delivered the Company neither guarantees nor warrants that such variations will nor occur or that they will conform to sample, either in quality or color.

 

CLAIMS:

 

(a) Any claims for alleged faults or short delivery must be notified by the Purchaser in writing to the Company within 7 days of the date of delivery, time to be of the essence.

(b) The Company shall have the right to require the Purchaser to return such goods to the Company at the Purchaser’s own cost of examination.

(c) The liability of the Company shall be restricted to replacing any goods found to be faulty or at their option to refund to the Purchaser only that part of the contract price relating to such faulty goods.

(d) All liability for direct or consequential losswhether fromdelay in despatch, delivery, failure of goods to meet specifications or performance, defects in manufacture or otherwise is hereby expressly excluded.

(e) The Company will not accept claims in the following circumstances;

(i) Loss or damage in transit in the Purchaser’s own transport or on site.

(ii) Force majeure, Act of God or matters beyond the Company’s control.

(iii) Where the goods have been improperly used, stored or protected.

(iv) Where goods are not suitable for the purpose to which the Purchaser has or wishes to put the same.

(v) In respect of general weathering of the goods.

 

ASSIGNMENT:

 

Any contract entered into between the Purchaser and the Company shall be non- assignable.

 

CANCELLATION:

 

Contracts with and orders placed with the Company may only be cancelled with the Company’s prior written consent. In cases where the Company has been required to pay a deposit to a manufacturer or supplier in respect of the Purchaser’s order the Company may require reimbursement of such sum from the Purchaser as a condition of consenting to cancellation. In every case where the Company consents to cancellation the Company reserve the right to claim for any loss of profit of such proportion thereof as the Company at its absolute discretion see fit, suffered by the Company as a result of such cancellation.

 

JURISDICTION:

 

Every contract to which these terms and conditions apply shall be construed in accordance with English Law and any dispute shall be submitted to the jurisdiction of the English Courts.

 

GENERAL:

 

Errors and omissions expected.