- 0161 643 3737
- sales@sabrematerials.co.uk
- Mon - Fri 9:00 - 17:00, Sat/Sun - Closed
1. These Terms and Conditions will apply to the purchase of the
goods detailed in our quotation (Goods) by the buyer (you)
from Sabre Materials Ltd a company registered in England
and Wales under number 11248341 whose registered office
is at The Barn, 3a Smethurst Street, Middleton, Manchester,
M24 2BA (we or us).
2. These Terms and Conditions will be deemed to have been
accepted by you when you accept them or the quotation or
from the date of any delivery of the Goods (whichever
happens earlier) and will constitute the entire agreement
between us and you.
3. These Terms and Conditions and the quotation (together,
the Contract) apply to the purchase and sale of any Goods
between us and you, to the exclusion of any other terms
that you try to impose or incorporate, or which are implied
by trade, custom, practice or course of dealing.
4. A “business day” means any day other than a Saturday,
Sunday or bank holiday in England and Wales.
5. The headlings in these Terms and Conditions are for
convenience only and will not affect their interpretation.
6. Words imparting the singular number include the plural and
vice-versa.
7. The description of the Goods is set out in our sales
documentation, unless expressly changed in our quotation.
In accepting the quotation, you acknowledge that you have
not relied upon any statement, promise or other
representations about the goods by us. Descriptions of the
Goods set out in our sales documentation are intended as a
guide only.
8. We can make any changes to the specification of the Goods
which are required to conform to any applicable safety or
other statutory or regulatory requirements,
9. The price of the Goods is set out in our quotation current at
the date of your order or such other price as we may agree
in writing.
10. If the cost of the Goods to us increases due to any factor
beyond our control including, but not limited to, material
costs, labour costs, alteration of the exchange rates or
duties, or changes to delivery rates, we can increase the
price prior to delivery.
11. Any increase in the price under the clause above will only
take place after we have told you about it.
12. You may be entitled to discounts. Any and all discounts will
be at our discretion.
13. The price is exclusive of fees for packaging and
transportation / delivery.
14. The price is exclusive of any applicable VAT and other taxes
or levies which are imposed or charged by any competent
authority.
15. Details of the Goods as described in the clause above
(goods) and set out in our sales documentation are subject
to alteration without notice and are not a contractual offer
to sell the Goods which is capable of acceptance.
16. The quotation (including any non-standard price negotiated
in accordance with the clause on price (above) is valued for a
period of 10 days only from the date shown in it unless
expressly withdrawn by us at an earlier time.
17. Either of us can cancel the order for any reason prior to your
acceptance (or rejection) of the quotation.
18. We will invoice you for the price either:
a. on or at any time after delivery of the Goods: or
b. where the goods are to be collected by you or where
you wrongfully do not take delivery of the Goods, at
any time after we have notified you that the Goods are
ready for collection or we have tried to deliver them.
19. You must pay the price within 30 days of the date of our
invoice or otherwise according to any credit terms agreed
between us.
20. You must make payment even if delivery has not have taken
place and / or that the title in the Goods has not passed to
you.
21. If you do not pay within the period set out above, we will
suspend any further deliveries to you and without limiting
any of our rights or remedies for statutory interest, charge
you interest at the rate of 8% per annum above the base
rate of the Bank of England from time to time on amount
outstanding until you pay in full.
22. Time for payment will be essence of the contract between
us and you.
23. All payments must be made in British Pounds unless agree
in writing between us.
24. Both parties must pay all amounts due under these Terms
and Conditions in full without any deduction or
withholding except as required by law and neither party is
entitled to assert any credit, set-off or counterclaim
against the other to justify withholding payment of any
such amount in whole or in part.
25. We will arrange for the delivery of the goods to the
address specified in the quotation, or your order or to
another location we agree in writing.
26. If you do not specify a delivery address or if we both agree,
you must collect the goods from our premises.
27. Subject to the specific terms of any special delivery service,
delivery can take place at any time of the day and must be
accepted at any time between 8am and 8pm.
28. If you do not take delivery of the goods we may, at our
discretion and without prejudice to any other rights:
a. Store or arrange for the storage of the goods and will
charge you for all associated costs and expenses
including, but not limited to, transportation, storage
and insurance; and/or
b. make arrangements for the redelivery of the goods
and will charge you for the costs of such a redelivery;
and/or
c. after 10 business days, resell or otherwise dispose of
part or all of the goods and charge you for any
shortfall below the price of the Goods.
29. If redelivery is not possible as set out above, you must
collect the Goods from our premises and will be notified of
this. We can charge you for all associated costs including,
but not limited to, storage and insurance.
30. Any dates quoted for delivery are approximate only, and
the time of the delivery is not of the essence. We will not
be liable for any delay in delivery of Goods that is caused
by a circumstance beyond our control or your failure to
provide us with adequate delivery instructions or any other
instructions that are relevant to the supply of Goods.
31. We can deliver the Goods by instalments, which will be
invoiced and paid for separately. Each instalment is a
separate contract. Any delay in delivery or defect in an
instalment will not entitle you to cancel any other
instalment.
32. You must inspect the Goods on delivery or collection.
33. If you identify any damages or shortages, you must inform
us in writing within 1 day of delivery, providing details.
34. Other than by agreement, we will only accept returned
Goods if we are satisfied that those Goods are defective
and if required, have carried out an inspection.
35. Subject to your compliance with this clause and/or our
agreement, you may return the Goods and we will, as
appropriate, repair, or replace, or refund the Goods or part
of them.
36. We will be under no liability or further obligation in
relation to the Goods if:
a. If you fail to provide notice as set above; and/or
b. you make any further use of such Goods after giving
notice under the clause above relating to damages
and shortages; and/or
c. the defect arises because you did not follow our oral
or written instructions about the storage,
commissioning, installation, use and maintenance of
the Goods; and/or
d. The defect arises from normal wear and tear of the
Goods; and/or
e. The defect arises from misuse or alteration of the
Goods, negligence, wilful damage or any other act by
you, your employees or agents or any third parties.
37. You bear the risk and cost of returning the Goods.
38. Acceptance of the Goods will be deemed to be upon
inspection of them by you and in any event within 1 day of
delivery.
39. The risk in the goods will pass to you on completion of
delivery.
40. Title to the Goods will not pass to you until we have
received payment in full (cleared funds) for: (a) the Goods
and/or (b) any other goods or services that we have
supplied to you in respect of which payment has become
due.
41. Until title to the Goods has passed to you, you must (a)
hold the Goods on a fiduciary basis as our Bailee; and/or
(b) store the Goods separately and not remove, deface or
obscure any identifying mark or packaging on or relating to
the Goods; and/or (c) keep the Goods in satisfactory
condition and keep them insured against all risks for their
full price from the date of delivery.
42. As long as the Goods have not been resold, or irreversibly
incorporated into another product, and without limiting
any other right or remedy we may have, we can at any
time ask you to deliver up the Goods and, if you fail to do
so promptly, enter any of your premises or of any third
party where the Goods are stored in order to recover
them.
43. We can terminate the sale of Goods under the contract
where:
a. You commit a material breach of your obligations
under these Terms and Conditions;
b. You are or become or, in our reasonable opinion, are
about to become the subject of a bankruptcy order
or take advantage of any other statutory provision
for the relief of insolvent debtors;
c. You enter into a voluntary arrangement under Part 1
of the Insolvency Act 1986, or any other scheme or
arrangement is made with your creditors; or
d. You convene any meeting of your creditors, enter
into voluntary or compulsory liquidation, have a
receiver, manager, administrator or administrative
receiver in respect of your assets or undertakings or
any part thereof, any documents are filed with the
court for the appointment of any administrator,
notice of intention to appoint an administrator is
given by you or any of your directors or by qualifying
floating charge holder (as defined in para.14 of
Schedule B1 of the Insolvency Act 1986), a resolution
is passed or petition presented to any court for the
winding up of your affairs or for the granting of an
administrative order, or any proceedings are
commenced relating to your insolvency or possible
insolvency.
44. Our liability under the contract, and in breach of statutory
duty, and in tort, misrepresentation or otherwise will be
limited to this clause.
45. Subject to the clauses above on Inspection and Acceptance
and Risk and Title, all warranties, conditions or other terms
implied by statute or common law (save for those implied
by Section 12 of the Sale of Goods Act 1979) are excluded
to the fullest extent permitted by law.
46. If we do not deliver the Goods, our liability is limited
subject to the clause below, to the costs and expenses
incurred by you in obtaining replacement goods of similar
description and quality in the cheapest market available,
less the price of the Goods.
47. Our total liability (whether caused by our employees,
agents or otherwise) in connection with the Goods, for:
a. Any indirect, special or consequential loss, damage,
costs, or expenses; and/or
b. Any loss of profit; loss of anticipated profits; loss of
business; loss of data; loss of reputation or goodwill;
business interruption; or, other third-party claims;
and/or
c. Any failure to perform any of our obligations if such
delay or failure is due to any cause beyond our
reasonable control; and/or
d. Any losses caused directly or indirectly by any failure
or breach by you in relation to your obligations;
and/or
e. Any loss relating to the choice of the Goods and how
they will meet your purpose or the use by you of the
Goods supplied.
49. The exclusions of liability contained within this clause will
not exclude or limit our liability for death or personal injury
caused by our negligence; or for any matter for which it
would be illegal for us to exclude or limit our liability; and
for fraud or fraudulent misrepresentation.
50. All notices under these Terms and Conditions must be in
writing and signed by, or on behalf of, the party giving
notice (or a duly authorised officer of that party).
51. Notices will be deemed to have been duly given:
a. When delivered, if delivered by courier or other
messenger (including registered mail) during the
normal business hours of the recipient;
b. When sent, if transmitted by fax or email and a
successful transmission report or return receipt is
generated;
c. On the fifth business day following mailing, if mailed
by national ordinary mail; or
d. On the tenth business day following mailing, if mailed
by airmail.
52. All notices under these Terms and Conditions must be
addressed to the most recent address, email address or fax
number notified to the other party.
54. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
53. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question
55. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
56. This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
