“Goods” include materials. “Seller” includes supplier/ service provider/works contractor. The words “services and works” shall be given their widest natural meaning and for the purpose of this Order reference to services shall include reference to works. ’Order’ means the order placed by Antur Waunfawr for the Goods and or Services concerned.
- Order numbers must be quoted on all delivery notes invoices and correspondence.
- No payment will be made for goods or services unless and until the goods and or services have been provided in accordance with the terms of the Order and an invoice is supplied or where applicable received electronically via e-mail.
- Any known variation in price quality or quantity to that stated in this Order must be advised and agreed in writing before the goods are despatched or services performed – otherwise no payment will be made.
- Payment will be made only to the Seller named on the Order.
- The Seller shall use all due skill, care and diligence in performing the contract.
- All goods supplied or services performed will comply with the highest British Standards Institute standard (or European equivalent) for that type of goods or service or the Seller informs Antur Waunfawr that there no such pertinent standard in which case the goods and services will comply with best ‘ industry standard’ and in either case Antur Waunfawr agrees this in writing in advance of acceptance of the Order.
- The Seller warrants that the Goods comply with the description in the Order, that the Goods are of good quality and material, that the supply of goods under the Order will not infringe any third party intellectual property rights that the Seller will fully indemnify Antur Waunfawr against any breach of this clause.
- The Seller will not assign the benefit of the Order or contract or any part of it to any other person without Antur Waunfawr’s prior written consent and in supplying the services or goods shall not do anything to bring Antur Waunfawr into disrepute.
- Waiver or amendment by Antur Waunfawr of any one or more of these terms must be confirmed in writing by Antur Waunfawr and otherwise will be of no effect and any such waiver or amendment on one occasion shall not imply that waiver or amendment will be forthcoming or is agreed on any other occasion.
- The Seller’s ‘standard terms and conditions’ will not apply to this Order.
- The contract shall be governed by Welsh and English law and the parties submit to the exclusive jurisdiction of the English and Welsh courts.
- All goods will be delivered carriage paid to the location indicated on the face of the Order otherwise they may be rejected.
- The Seller will obtain a receipt for all goods delivered and supply a copy to Antur Waunfawr upon request and in the event of failure to do so Antur Waunfawr will not be obliged to pay for the goods until evidence of delivery is provided.
- Where a delivery time and/or date is specified on the Order, time and date of delivery will be of the essence of the contract. In the absence of a delivery date being specified on the Order, the delivery date will be 3.00pm on the 14th day following the date of the Order in which case that date will be of the essence of the contract. In the latter case if the 14th day falls on a day when Antur Waunfawr offices are closed the delivery date will be the following day when Antur Waunfawr offices are open. It is the responsibility of the Seller to find out when Antur Waunfawr offices are open.
- The property in goods and materials delivered in respect of this Order will pass to Antur Waunfawr upon delivery. However, if payment or part payment is made with this Order or in advance of delivery, property in the goods will pass to Antur Waunfawr at the time of such payment. Once property has passed to Antur Waunfawr the Seller will have no lien or other rights in the goods or materials.
- Prices quoted by the Seller are deemed to be inclusive of delivery charges, packaging and unloading unless the contrary is clearly specified and agreed in writing by Antur Waunfawr.
- Where the Seller requires a pallet of packaging to be returned this will be clearly specified on the delivery note and invoice, otherwise Antur Waunfawr shall be at liberty to reuse or dispose of it as it thinks fit without accounting to the Seller.
- Any goods delivered which do not match the description specified in the Order will be removed from Antur Waunfawr’s premises by the Seller at the Seller’s expense within 48 hours of delivery and if the Seller fails to do so Antur Waunfawr may arrange to return the goods at the Seller’s expense. If the goods are identified as not matching the description in the Order at the time of attempted delivery, the goods will be removed forthwith from Antur Waunfawr’s premises at the Seller’s expense.
- Any loss of, damage to or defect in the goods which is not caused by Antur Waunfawr will be made good by the Seller at the Seller’s expense within 14 days of receipt of written notice of such from Antur Waunfawr.
- Hazardous goods will be clearly marked by the Seller as such with the international danger symbol with the name of the material in English. Such goods will also be packaged labelled and carried in accordance with UK law or internationally accepted agreements. Information in English as to the handling storage and proper use of such goods will be supplied on delivery. The Seller hereby indemnifies Antur Waunfawr against any loss damage or injury occasioned to Antur Waunfawr or any of its servants or agents if the Seller fails to comply with this term.
- Payment or part payment for the goods by Antur Waunfawr will not signify acceptance by Antur Waunfawr that the goods are of the description quantity or quality ordered nor will such payment prejudice Antur Waunfawr’s right to reject such goods at a later date.
- Antur Waunfawr will provide all labour goods tools and equipment necessary to perform the service.
- It is the Seller’s responsibility to obtain confirmation in writing of on the job oral instructions.
- The Seller will provide the service during normal daytime working hours.
- Defects, which exist or appear within 12 months from date of completion of the service shall be made good by the Seller at the Seller’s expense.
- The Seller shall maintain adequate and accurate records of the service performed including time which will be submitted to Antur Waunfawr at the end of each week the service is performed or at such other interval as may be agreed in writing.
- The Seller will provide evidence of tax status upon demand.
- The Seller will keep the workplace clean and tidy and will remove surplus goods or waste at regular intervals.
- Prices quoted by the Seller are deemed to include all the Seller’s travelling and subsistence expenses unless otherwise agreed.
- The Seller will hold all relevant insurances related to the provision of the services