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Sharpmark Solutions :: Terms & Conditions

Terms & Conditions

Terms & Conditions


  1. Our contract with you and our liability thereunder is governed by these terms and conditions of sale which shall apply to the exclusion of any customer stipulation or to the usual course of trade unless specifically varied in writing by one of our Directors. 
  2. Our tender contract and price are dependent on full and accurate information being supplied by you timeously and in a form allowing us to proceed without interruption or delay with the contract.  Any failure of such supply by you shall be deemed a material breach of contract entitling us at our discretion to cancel the contract and hold you liable to us for all our losses arising from such cancellation; in the event of our deciding at our discretion to continue with the contract, you shall be liable to make good all charges, damages, costs and losses incurred by us in respect of programme interruption, delayed or overtime work required to supplement inadequate or inaccurate information, or otherwise arising from such failure. 
  3. Timescales given or agreed by us are our reasonable estimate only and time shall not be of the essence of any contract.  We shall have no liability whatsoever for delay or other loss arising from any strike, lock-out, labour disturbance, riot, civil commotion or malicious act or directly or indirectly occasioned by or in consequence of war, civil war, revolution, rebellion, insurrection or any hostile act, capture, seizure, arrest, restraint or detainment and consequences thereof and/or any other matter over which we have no control.
  4. We shall have no liability of any kind except for loss and damage proved to have been directly caused by the negligence of ourselves, our servants, agents or subcontractors but always subject to the limitations herein.  We shall not be liable for any consequential loss, damage or injury howsoever arising, including without prejudice to the foregoing generality, loss of time, loss of market or other consequential loss whatsoever.
  5. All prices quoted by us and agreed by us are based on circumstances existing at the date of quotation or agreement (and as regards prices quoted, such quotations shall lapse after 30 days of issue).  Our prices may be increased to reflect (a) any increase in direct costs of labour and materials occurring after such date of quotation and/or agreement (b) any changes in, or additions to, requirements of UK and/or EEC Law and/or any government department and/or relevant authority made after such date and (c) any changes, alterations or variations made by you after such date (and in all cases, with relevant overhead increases in addition). 
  6. Payment shall be made by you within 30 days of the date of the invoice; in the event of any payment remaining due on the expiry of said period of 30 days, we shall be entitled to charge you interest on the outstanding sum due at a rate of 2.5% per month and payment of all other invoices issued by us to you shall fall due immediately and we shall be entitled to charge interest at 2.5% per month on such sums due under said lastmentioned invoices.  Notwithstanding the foregoing, payment of all invoices issued by us to you shall become due immediately in the event of you becoming apparently insolvent and/or unable to pay its debts and/or on the commencement of any act or proceeding involving you’s solvency.
  7. Credit facilities may be granted at our sole discretion to you; if so granted, we reserve the right at our sole discretion to remove, restrict and/or cancel these credit facilities at any time. 
  8. All goods and materials supplied by us shall remain our property (irrespective of whether or not they retain their character and/or are affixed or attached to any other property) until payment of all sums due by you to us (in terms of all contracts between us and you) has been made in full; if any sums are still due to us by you, you shall hold the goods and materials so supplied on our behalf and to our order and we shall be entitled to recover and/or re-sell such goods and materials so held and to enter your premises for that purpose. 
  9. The risk of any loss, damage or deterioration (from whatever cause) to goods supplied by us to you shall pass to, and be borne by, you from the date of supply of such goods and materials by us (including without prejudice to the foregoing generality, the date on which supply is made by us but wrongfully refused by you). 
  10. No warranty is given by us that any goods or materials supplied by us to you are suitable for their purposes.  On supply of goods and materials by us to you, you must inspect the same and we shall have no liability for any defect, shortage or incorrect supply which such inspection should reasonably have revealed; in the event of there being any other defect, shortage or incorrect supply,  we shall have no liability therefor unless written intimation of the same (and, if so requested by us, return of the defective and/or incorrect goods and/or materials) is made by you to us and received by us within 14 days of supply and our liability therefor shall be limited to remedying said defect, shortage or incorrect supply as soon as is reasonably practicable. 
  11. Orders made by you must be placed in writing by letter and/or by fax and/or in electronic format (including without prejudice to the foregoing generality, emails in an editable format such as text files or spreadsheets); if a member of your staff places an order with us and/or instructs us to proceed with a sale of goods and materials to you, this will be treated by us as an order and/or authorisation from you.  Once an order has been made by you, it may only be cancelled with our consent (and if such consent is given, on such reasonable conditions as we may at our sole discretion impose). 
  12. If you is unable or unwilling to take delivery of goods or materials supplied by us, this shall be deemed to be a material breach of contract entitling us at our sole discretion to cancel the contract and hold you liable to us for all our losses arising from such cancellation; in the event of our deciding at our sole discretion to continue with the contract, you shall be liable to make good all charges, damages, losses and costs incurred by us arising from such failure. 
  13. All drawings, specifications and illustrations contained in any of our catalogues, literature, correspondence and/or website and/or others are intended as a guide only in respect of goods and materials to be supplied and shall not form part of any contract with you. 
  14. We reserve the right to amend the specification of and/or make changes to materials used in respect of the supply of goods to you.  We reserve the right to charge a minimum price of £50(plus VAT thereon) in respect of any order made by you. 
  15. You will be responsible for paying to us carriage charges (as set out on our website, www.sharpmark.co.uk, from time to time in respect of all orders of less than £200 (excluding VAT).