1. Definitions
1.1 Business – means BJ&A Lawson Partnership whether operating under that name
or any other business name.
1.2 Conditions – means the terms and conditions of business set out in this
document and any special terms and conditions agreed in writing by the Business.
1.3 Customer – means the person who buys or agrees to buy the Goods or
commissions Services from the Business.
1.4 Delivery Date – means the date specified by the Business when the Goods are to
be delivered.
1.5 Goods – means the articles which the Customer agrees to buy from the Business.
1.6 Invoice Total – means the price for the Goods and/or Services including any
carriage packing insurance and value added tax.
1.7 Services – means the services which the Customer has engaged the Business to
2 Conditions applicable
2.1 These conditions shall apply to all contracts for the sale of Goods by the Business
to the Customer and to all contracts for the provision of Services by the Business
to the Customer to the exclusion of all other terms and conditions (including any
terms or conditions which the Customer may purport to apply under any purchase
or confirmation of order or similar document).
2.2 All orders for Goods shall be deemed to be an offer by the Customer to purchase
Goods pursuant to these conditions.
2.3 All orders for Services shall be deemed to be an offer by the Customer to engage
the Business to provide the Services pursuant to these conditions.
2.4 Acceptance of delivery of the Goods or any part of them shall be deemed
conclusive evidence of the Customers acceptance of these conditions.
2.5 Allowing the Business to commence provision of the Services or any of them or
affording the Business facilities to enable it to do so shall be deemed conclusive
evidence of the Customers acceptance of these conditions.
2.6 Any variation to these conditions (including any special terms and conditions
agreed between the parties) shall be inapplicable unless agreed in writing by a
Partner of the Business.
2.7 If the order form quote or any other document prepared by the Business contains a
stenographic or clerical error, then this error shall be capable of correction and the
contract shall be deemed to take effect in the corrected form as if no such error
had occurred.
3 The Price and Payment
3.1 The price shall be the Business’s estimated or quoted price or such higher price as
may reflect any additional costs arising after the date of the estimate or quotation
and before completion of the work or delivery of the Goods or (in the absence of
any estimate or quotation) the Business’s current selling price.
3.2 The Price is exclusive of value added tax which shall be due at the rate ruling on
the date of the Business’s current selling price.
3.3 Non Account customers shall pay either by cash or by the Business issuing a proforma
invoice against a customers order, unless other arrangements have been
made. An application to open a credit account can be made on request and
supplying Bank Details and 2 Trade references.
3.4 Account customers – Payment of the Invoice Total shall be due by no later than
the 20th day of the month following the issue of the invoice. Time for payment shall
be of the essence.
3.5 Interest on overdue invoices shall accrue from the date when payment becomes
due until the date of payment at the rate applicable to late payment of commercial
debts on the assumption (if not a fact) that the overdue amount is a qualifying debt
pursuant to The Late Payment of Commercial Debts (Interest) Act 1998 and any
derivative legislation.
3.6 Carriage is charged as an addition to the Price.
3.7 The Business may withhold delivery of Goods (or any part of them) due under this
contract or any other contract with the Customer and may withhold or postpone the
provision of any services requested by the Customer at any time when payment of
the Invoice Total part of the Invoice Total or any other sum due to the Business
from the Customer is overdue.
4 Goods
4.1 The quantity and description of the Goods shall be as set out in the Business’s
estimate or quotation or on the Customer’s order (if accepted by the Business) or
(in the absence or any such documentation) on the delivery note.
5 Warranties and Liability
5.1 The Business warrants that the Goods will at the time of delivery correspond to the
description given by the Business. Except where the Customer is dealing as a
consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other
warranties conditions or terms relating to fitness for purpose merchantability or
condition of the Goods and whether implied by statute or common law or otherwise
are excluded.
5.2 Notwithstanding 5.1 above the Business selects goods based on performance
requirements. When the Customer has a specific requirement to fulfil this should
be notified to the Business in writing prior to the relevant order being placed.
5.3 Notwithstanding anything to the contrary herein contained the Business shall not
be liable for any consequential, contingent or incidental damages whatever.
6 Delivery of the Goods
6.1 Delivery of the Goods shall be made to an address agreed by both the Business
and the Customer or (in the absence of agreement of any other address) to the
Customers address on or before the delivery date at a time to be chosen by the
6.2 The Business shall not be liable for any loss or damage whatever due to failure by
the Business to deliver the goods (or any of them) promptly or at all.
6.3 Notwithstanding the Business may have delayed or failed to deliver the goods (or
any of them) promptly the Customer shall be bound to accept delivery and to pay
for the Goods in full.
6.4 The Customer shall make all arrangements necessary to take delivery of the
Goods whenever they are tendered for delivery.
7 Acceptance of the Goods
7.1 The Customer shall be deemed to have accepted the Goods three days after
delivery to the customer.
7.2 If after receiving the written approval of a Partner of the Business the Customer
shall return the Goods or any part of them which are not defective then a
restocking charge of twenty percent of the Price plus carriage packing insurance
and value added tax shall be made to the customer and if upon inspection of the
Goods are found to be in need of reconditioning an additional charge may be made
to reflect the costs of reconditioning. The said charges and costs may at the
Business’s option be deducted by the Business from the amount of any credit note
to be provided to the Customer.
7.3 The Business does not accept responsibility for duplicated orders received from
the Customer. If the Customer wishes to return any goods resulting from a
duplicated order then the return of those items is at the discretion of the Business
and if a Partner of the Business agrees to accept the return of the goods a charge
will still be made in accordance with condition 7.2 above.
8. Title and Risk
8.1 The Goods shall remain the property of the Business until the Business has
received payment for the total contract or invoice value and payment of all other
invoices from time to time outstanding to the Business for which the Customer is
8.2 Risk in Goods passes on delivery and the Customer shall maintain the insurance
of them from the time of delivery.
9. Remedies of Customer
9.1 Where the Customer rejects any Goods then the Customer shall have no further
rights whatsoever in respect of the supply to the Customer of such Goods.
9.2 Where the Customer accepts or has been deemed to have accepted any Goods
supplied according to this contract then the Business shall have no liability
whatever to the Customer in respect of those Goods.
9.3 The Business shall not be liable to the Customer for late delivery or short delivery
of the Goods.
10. Proper Law of Contract
10.1 This Contract is subject to the Law of England and Wales.
10.2 No person or party is to gain any right or benefit whatsoever under the terms of
any contract involving the Business save for the parties named in each contract.
The Contract (Rights of Third Parties) Act 1999 shall not apply.
10.3 References to a particular statute in these conditions of business include any
relevant derivative legislation and any extension modification amendment or reenactment
relevant on the date or dates upon which its construction is relevant for
the purposes of these conditions.
BJ&A Partnership
45 Aston Road
Tel: 023 9225 7777
Fax: 023 9225 7355