Terms and Conditions

1. Definitions

a) The ‘Supplier’ means ForesitePlus
b) The ‘Purchaser’ means the individual, individuals, firm or company purchasing goods from or otherwise dealing with the Supplier
c) The ‘Goods’ means any and all items supplied or supplied and installed by the Supplier to the Purchaser

2. Application of Terms

a) All quotations and price lists are given and all orders are accepted on these terms, which supersede any other terms in the Supplier’s catalogue or elsewhere, and shall override and exclude any terms stipulated or referred to by the Purchaser whether in his order or in any negotiation, and any course of dealing established between the Supplier and Purchaser. All orders hereafter made by the Purchaser shall be deemed to be made subject to these terms.
b) No modifications of these terms shall be effective unless specifically accepted in writing and signed by one of the partners in the Supplier.
c) These Conditions of Sale should be read in conjunction with any Special Conditions included in the Supplier’s quotations.

3. General

a) The Supplier shall in no event be liable for any inaccuracy or mis-description of the Goods or for any loss or damage either direct or consequential flowing therefrom or from any other cause whatsoever including any defect whatsoever in the Goods notwithstanding any written or oral representation, warranty or conditions which the Supplier or their representative or agent may have made or given prior to or in the course of making or purporting to be part of the agreement for sale from which are also excluded all implied warranties or conditions the Supplier shall in no event be liable for fundamental breach of the agreement to sale.
b) In purchasing goods from the Suppliers on these conditions the Purchaser is deemed to acknowledge that they do not rely upon the skill or judgement of the Supplier or its employees or agents as to matters connected with the goods.
c) Whilst the Supplier takes every precaution in the preparation of its catalogue, technical circulars, price lists and its other literature, these documents are for the representations by the Supplier and the Supplier shall not be bound thereby.
d) The Supplier reserves the right to alter any details or design of products illustrated without notice and while every effort is made to describe goods accurately no warranty is given as to accuracy and no responsibility will be accepted for effort or mis-descriptions and any resulting loss.
e) The Contract shall be governed by and construed in accordance with English law and all disputes arising in connection with the contract shall be submitted to the jurisdiction of the English Courts.
f) The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.

4. Orders

a) All orders for Goods shall be deemed to be an offer by the Purchaser to purchase goods pursuant to the terms and conditions. Acceptance of delivery of the Goods and of signed application for a credit account shall be deemed conclusive evidence of the Purchaser’s acceptance of these conditions.
b) The Supplier reserves the right to accept or refuse any order given on the basis of its quotation or otherwise and in the event of the refusal of any order the Supplier shall not be liable for any loss or damage arising therefrom or in connections therewith or in relations thereto.
c) No cancellation by the Purchaser is permitted except where expressly agreed by a Partner of the Supplier in writing.
d) The Purchaser will be in the event of agreed cancellations indemnify the Supplier fully against all expenses incurred up to the time of such cancellation together with by way of liquidated damages a sum or 33.5 of the contract price which shall be paid by the Purchaser to the Supplier forthwith.

5. Prices, Quotations & Payments

a) Goods will be invoiced and shall be paid for at the prices ruling at the time of despatch. The price lists provided by the Supplier is for guidance only and all prices and quotations are subject to variation at any time without notice to the Purchaser. Unless otherwise stated all prices are exclusive of VAT.
b) The Supplier reserves the right, by giving notice to the Purchaser at any time before delivery to increase the price of the Goods to reflect any increase in the costs which is due to any factor beyond the Supplier’ control.
c) Payment of the Price and VAT is due on delivery unless account terms are agreed in writing in which case such payment is due no later than 20 days from end of the month of invoice. Time for payment shall be of the essence.
d) The Supplier reserves the right to charge interest at 3.0% above the base rate from time to time of Barclays Bank plc on overdue balances. In addition to this the Supplier may charge debt recovery charges at cost plus 15%. Such interest being deemed to accrue on a day to day basis from the due date of payment under Paragraph c) of this condition.
e) The Supplier reserves the right at any time at its discretion to demand for payment before continuing with or delivering any order.
f) If the Purchaser (being a company) has a petition presented for its winding up or passes a resolution for voluntary winding up or otherwise than for the purposes of a bone fide amalgamation or reconstruction or compounds with its creditors or has a receiver appointed of all or any part of its assets or (being an individual) becomes bankrupt or insolvent or enters into any arrangement with its creditors or commits a material or serious breach of this Agreement (and in the case of such a breach being remediable fails to remedy it within 7 days or receiving notice to do so) he will be deemed to have repudiated the Contract.
g) If the Purchaser (being a company) fails to pay an account by the due date its directors will be personally, jointly and severally liable to the Supplier.

6. Separability

a) Where an order for successive deliveries is accepted by the Supplier each delivery shall be treated as a separate contract and disputes arising out of or in connection with one delivery shall not affect the balance of deliveries to be made in execution of the order.

7. Reservation of Title

a) The property of the Goods shall not pass to the Purchaser until all sums owed to the Supplier on any account whatsoever have been paid notwithstanding that delivery has already taken place.
b) The Supplier shall be entitled to all rights of access to the Purchaser’s premises to enforce its rights hereunder.

8. Delivery & Risk

a) Unless otherwise stipulated and subject to Clause 2b) above all Goods for delivery will be despatched by the conveyance of the Supplier’s choice. Where the Purchaser requires a different means of conveyance any cost must be paid by the Purchaser.
b) Time of delivery is not of the essence.
c) Whilst every effort will be made to avoid delay no responsibility is undertaken for meeting any specific dates. Accordingly no liability will be accepted for any direct or indirect loss which may be caused by delayed delivery.
d) The Supplier shall not be liable for any failure to deliver the Goods or perform the Services arising from circumstances outside the Supplier’s control. Non-exhaustive illustrations of such circumstances would be act of God, war, riot, exposion, abnormal weather conditions, fire, flood, strikes, lockouts, Government action or regulations, (UK or otherwise), delay by suppliers, accidents, shortage or materials, labour of manufacturing facilities.
e) Should the Supplier be prevented from delivering the Goods or performing the Service in the above circumstances, it shall give the Purchaser written notice of this fact as soon as reasonably practicable after discovering it.
f) The Supplier reserves the right to make delivery by instalments and to tender a separate invoice in respect of each instalment.
g) Risk in the Goods shall pass to the Purchaser on delivery.
h) The Supplier reserves the right to charge carriage on all orders.
i) Claims for damaged or missing goods may only be accepted in signed as such on receipt, and confirmed in writing within 5 days enclosing a copy of the delivery note.

9. Returned Goods

a) Goods may only be returned to the Supplier by prior arrangement. A returns authorisation reference will be given to confirm this and a receipt must be obtained by the Purchaser on return of the Goods. 
b) The Supplier reserves the right to make a charge for handling and restocking equal to 20% of the sale price of the Goods returned, plus the return carriage charge.
c) Goods especially obtained or manufactured for the Purchaser may not be returned for credit of exchange.