1.1 "Company" shall mean BS Teasdale & Son Limited t/a BST Detectable Products its successors and assigns or any person acting on behalf of and with the authority of BS Teasdale & Son Limited t/a BST Detectable Products.
1.2 "Customer" shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall include any person acting on behalf of and with the authority of such person or entity.
1.3 "Guarantor" means that person (or persons), or entity, who agrees to be liable for the debts of the Customer on a principal debtor basis.
1.4 "Goods" shall mean Goods supplied by the Company to the Customer (and where the context so permits shall include any supply of Services as hereinafter defined) and are as described on the invoices, quotation, work authorisation or any other forms as provided by the Company to the Customer.
1.5 "Services" shall mean all services supplied by the Company to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 "Price" shall mean the cost of the Goods as agreed between the Company and the Customer subject to clause 4 of this contract.
2. Application of these terms and conditions to consumers
2.1 Where the Customer buys Goods as a consumer these terms and conditions (in particular clauses relating to Risk, Disclaimer, Defects, Returns, Warranties, and Limitation of Liability) shall be subject to any laws or legislation governing the rights of consumers and shall not affect the consumer's statutory rights.
3.1 Any instructions received by the Company from the Customer for the supply of Goods and/or the Customer's acceptance of Goods supplied by the Company shall constitute acceptance of the terms and conditions contained herein.
3.2 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
3.3 Upon acceptance of these terms and conditions by the Customer the terms and conditions are irrevocable and can only be amended with the written consent of the Company.
3.4 The Customer undertakes to give the Company at least fourteen (14) days notice of any change in the Customer's name, address and/or any other change in the Customer's details.
4. Price And Payment
4.1 At the Company's sole discretion the Price shall be either: (a) as indicated on invoices provided by the Company to the Customer in respect of Goods supplied; or (b) the Company's quoted Price (subject to clause 4.2) which shall be binding upon the Company provided that the Customer shall accept the Company's quotation in writing within thirty (30) days.
4.2 The Company reserves the right to change the Price in the event of a variation to the Company's quotation.
4.3 At the Company's sole discretion a deposit may be required. 4.4 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due thirty (30) days following the date of the invoice.
4.5 Unless expressed otherwise in writing by the Customer on the quotation or any other forms, payment shall be due before delivery of the Goods.
4.6 Payment by a new Customer, purchasing Goods from the Company for the first time shall be due on receipt of a Pro-Forma invoice supplied by the Company before delivery of the Goods.
4.7 Payment will be made by cash, or by cheque, or by credit/debit card, (plus a surcharge of 2% of the Price), or by direct bank transfer (BACS), or by any other method as agreed to between the Customer and the Company.
4.8 VAT and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
5. Delivery Of Goods
5.1 At the Company's sole discretion delivery of the Goods shall take place when: (a) the Customer takes possession of the Goods at the Company's address; or (b) the Customer takes possession of the Goods at the Customer's address or other address nominated by the Customer (in the event that the Goods are delivered by the Company or the Company's nominated carrier); or (c) the Customer's nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer's agent.
5.2 At the Company's sole discretion the costs of delivery are: (a) included in the Price, or (b) in addition to the Price.
5.3 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then the Company shall be entitled to charge a reasonable fee for redelivery.
5.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
5.5 The Company may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions. 5.6 The failure of the Company to deliver shall not entitle either party to treat this contract as repudiated.
5.7 The Company shall not be liable.