Terms and Conditions of Sale

These terms and conditions apply to all sales made by R H Davey Welding Supplies Ltd ("Seller") to customers ("Buyer") in the United Kingdom. By placing an order with the Seller, the Buyer agrees to be bound by these terms and conditions.

1. Orders

1.1. All orders placed by the Buyer are subject to acceptance by the Seller. The Seller reserves the right to accept or reject any order in whole or in part.

1.2. Orders are deemed accepted upon confirmation by the Seller, either verbally, in writing, or by commencing performance of the order.

1.3. Any modifications or cancellations to orders must be made in writing and are subject to the Seller's approval.

2. Price and Payment

2.1. Prices for products or services are as stated in the Seller's quotation or price list, and are subject to change without notice.

2.2. Payment terms are as follows:

• For immediate payment customers: Full payment is due upon placement of the order.
• For customers on credit accounts: Payment terms are net 30 days from the date of invoice unless otherwise agreed..

2.3. Late payments will incur interest at a rate at statutory rates, calculated daily from the due date until payment is received in full. 

2.4. The Seller reserves the right to suspend further deliveries or cancel any outstanding orders if the Buyer fails to make timely payment.

3. Delivery

3.1. Delivery dates are estimated and not guaranteed. The Seller will use reasonable efforts to meet the agreed delivery schedule, but shall not be liable for any delays beyond its control.

3.2. Risk of loss or damage to products shall pass to the Buyer upon delivery.

3.3. The Buyer shall inspect the products upon receipt and notify the Seller of any discrepancies or defects within 48 hours of delivery.

4. Title

4.1. Title to the products shall pass to the Buyer upon full payment.

5. Warranties and Liability

5.1. The Seller warrants that the products shall conform to their description and be free from defects in materials and workmanship for a period specified by the manufacturer or wholesaler.

5.2. The Seller's liability under this warranty is limited to repair, replacement, or refund of the purchase price at the Seller's discretion.

5.3. The Seller shall not be liable for any indirect, incidental, or consequential damages arising out of the sale, use, or inability to use the products.

6. Intellectual Property

6.1. All intellectual property rights in the products shall remain vested in the Seller.

7. Governing Law and Dispute Resolution

7.1. These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales.

7.2. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

8. General

8.1. These terms and conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether oral or written.

8.2. No waiver of any provision of these terms and conditions shall be effective unless in writing and signed by the party waiving such provision.

8.3. If any provision of these terms and conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. Romalpa Clause (Retention Of Title)

Title to the goods shall remain with the Seller and shall not pass to the Buyer until the Seller has received payment in full for the goods and any other goods supplied by the Seller to the Buyer under any contract between them. Until title to the goods passes to the Buyer, the Buyer shall hold the goods as the Seller's fiduciary agent and bailee, and shall keep the goods separate from those of the Buyer and third parties and properly stored, protected, insured, and identified as the Seller's property. The Seller may at any time before title to the goods passes to the Buyer repossess and dismantle, use or sell all or any of the goods and by doing so terminate the Buyer's right to use, sell or otherwise deal in them; and for that purpose, the Seller or its agents may enter any premises of or occupied by the Buyer.

R H Davey Welding Supplies Ltd

67-69 Quayside Road

02380 339443

sales@rhdaveywelding.co.uk 

30.04.24