Sales Terms and Conditions
1. PRICE & CARRIAGE CHARGES
1.1 Quoted prices are based on costs prevailing at the time when they are given or agreed and are exclusive of VAT and carriage. The NPA shall be entitled to adjust the price of the Goods as at the time of Delivery by such amounts as may be necessary to cover any direct or indirect price increase(s) sustained by the NPA after the date of the quotation or order in relation to the supply and / or Delivery of the Goods.
1.2 Where it is legally applicable, VAT will be added to all invoices at the rate applying at the appropriate tax point.
1.3 The NPA reserves the right to charge additional carriage (as detailed below) for offshore deliveries, large or high value items supplied direct by manufacturers and shall notify the Buyer of such additional carriage charge prior to the Buyer’s order being processed. The NPA’s acknowledgement of order shall specify in writing the carriage charge payable. Such additional carriage charges shall be the following which are correct at the time of going to press but may be subject to alteration without notice: All CD cabinets – carriage charge ranges between £10-£40 depending on size and weight of item; All fridges – carriage charge ranges between £30-£40 for overnight delivery if available from NPA’s stock; Weighing Machine (PWM001/5) – carriage charge £16 per order; Signs (GCS001-032) – carriage charge ranges between £10-£35 depending on sign ordered; A £15 surcharge will be made for all deliveries to be made to Northern Ireland, Channel Islands, Isle of Man, Anglesey, the Scilly Isles and Scottish Islands.
1.4 Express Delivery services are available at additional carriage by arrangement.
2. DELIVERY
2.1 Delivery will be deemed to have been effected when the Goods leave the premises of the NPA or, as the case may be, the premises of the suppliers to the NPA in circumstances where the Goods are Delivered direct from such suppliers or,
where the Goods are not Delivered by the NPA, but by an independent carrier, Delivery of the Goods by the NPA to the carrier shall be Delivery to the Buyer.
2.2 Any dates or times for Delivery are estimates only and time for Delivery shall not be of the essence and may not be made of the essence by notice by the Buyer. As a guide, Goods which are held in stock by the NPA are usually delivered within 48-72 hours of the date of the NPA’s acknowledgment of order, whereas those that are Delivered direct from suppliers are normally Delivered within 10-14 days of the date of the NPA’s
acknowledgment of order. If no date for Delivery has been specified by the NPA Delivery shall be within a reasonable time. In no circumstances will the NPA be under any liability for any loss (including loss of profit, loss of business or depletion of goodwill or similar loss) costs damages or expenses of any kind, including for the avoidance of doubt any liability to any third party, howsoever caused directly or indirectly by any delay in the Delivery of the Goods whatever reason may have caused such delay (including the NPA’s negligence), nor will any such delay entitle the Buyer to cancel or rescind the Contract.
2.3 The NPA reserves the right to make Delivery by instalments and tender a separate invoice in respect of each instalment. Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment. Any claim the Buyer may have in respect of one instalment will not affect the Buyer’s liability in
respect of any other instalment.
2.4 Unless otherwise expressly agreed in writing, the order price includes the cost of delivery by the NPA to the Buyer's premises as specified on the acknowledgement of order form on a working day during normal working hours. Any Deliveries made at the Buyer's request outside normal working hours will be subject to additional charges.
2.5 If the NPA fails to Deliver the Goods its entire liability shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
2.6 In the event that the Buyer requests that any Goods be deposited other than on private premises owned by the Buyer, the Buyer shall be responsible for compliance with all regulations and for all steps which need to be taken for the protection at all times of persons or property and shall indemnify the NPA in respect of all costs, claims, losses or expenses which the NPA may incur as a result of such Delivery whether on the public highway or not.
2.7 Unless otherwise stated, all quotations and estimates assume Delivery in full loads. The NPA reserves the right to levy additional charges for Delivery by instalments, where requested by the Buyer.
2.8 The Buyer shall provide, at its own expense, the labour necessary for unloading the Goods, such labour to be available during normal working hours on the day notified by
the NPA for Delivery. The Buyer shall unload the Goods with reasonable speed. If the NPA's delivery vehicle is kept waiting for an unreasonable time or is obliged to return to the NPA without completing Delivery through lack of assistance or if additional staff have to accompany the NPA's driver to unload the Goods, an appropriate additional charge will be made.
2.9 If the Buyer does not accept Delivery of the Goods for any reason, an appropriate additional charge will be made.
2.10 The quantity of any consignment of Goods as recorded by the NPA upon despatch from the NPA's premises shall be conclusive evidence of the quantity received by the Buyer on Delivery unless the Buyer can provide conclusive evidence
proving the contrary.
2.11 The NPA will Deliver the Goods as near as possible to the Delivery address as a safe hard road permits. The NPA reserves the right to refuse to Deliver Goods to sites
considered at the discretion of the driver to be unsuitable.
2.12 If the Buyer wishes to claim that there is any shortage on the Delivery of any Goods or that any of the Goods are Delivered damaged, the Buyer shall give notice in writing to the NPA within 3 working days after the date of Delivery, failing which the Goods shall be deemed to have been Delivered undamaged and in accordance with the Delivery documents.
(a) If short Delivery does take place, the Buyer shall not reject the Goods but shall accept the Goods Delivered as a part performance of the order.
(b) If short Delivery or damaged Goods are complained of, the NPA shall be under no liability in respect thereof unless a reasonable opportunity to inspect the Goods is
provided to the NPA before any use thereof is made by the Buyer (“Reasonable Inspection”). The liability of the NPA for short Delivery or damaged Goods shall be strictly limited to the provision of any Goods not Delivered or the replacement or, at the NPA's option, repair of any damaged Goods.
2.13 If the Buyer fails to take Delivery on the agreed Delivery date or if the NPA is unable to Deliver the Goods because the Buyer has not provided appropriate instructions, documents, licences or authorisations, or if no specific Delivery date has been agreed, when the Goods are ready for dispatch risk in the Goods shall pass to the Buyer (including for loss or damage caused by the NPA’s negligence), the Goods shall be deemed to have been Delivered and the NPA shall be entitled to store and insure the Goods and to charge the Buyer all related cost and expenses of so doing.
2.14 A Delivery charge or, as the case may be, an additional Delivery charge may be levied, at the discretion of the NPA, on Goods obtained specially from suppliers to the NPA or Goods sent other than by usual means of transport at the request of the Buyer.