EDGAR ALLEN MINING | TERMS AND CONDITIONS | TELEPHONE +44 (0)1909 517 795

The complete contract is the document or documents that set out the terms and conditions and all other details relevant to a particular transaction and is hereinafter referred to as the 'contract'.

The goods sold by the seller to the buyer, shall hereinafter be referred to as the 'goods'.

The person, firm, company, corporation or public authority shown on the on site work report sheet, sales delivery note or hire contract, as the invoicee is 'the buyer'.

The parties to the contract are the seller of the goods and the buyer.

The person, firm, company, corporation or public authority responsible for delivery of the goods to the delivery address, including the seller when the seller delivers, shall hereinafter be referred to as 'the carrier'.

The person, firm, company, corporation or public authority to whom the goods are delivered when it is not the buyer is hereinafter referred to as the 'recipient'.

This contract shall be governed by and construed in accordance with the law of England.

2) RISK AND TITLES TO GOODS.

The risk in the goods shall pass to the buyer immediately on delivery to the buyer or the recipient.

The property in the goods shall remain vested in the seller, and the seller reserves the right to dispose of the goods, until such time as the price thereof shall have been paid in full. If such payment is overdue in whole or in part, or if the buyer is in breach of any terms of this agreement, or if any act or proceedings in which the buyers solvency is involved is commenced, the seller may (without prejudice to any of the sellers rights) recover or resell the goods of any of them and may enter upon the buyer's land and premises by the sellers servants or agents for that purpose.

3) RECEIPT.

The buyer, or recipient on behalf of the buyer, shall receive and unload the goods and shall check the same for quantity and condition in the presence of the carrier, if there is a shortage or if the goods are in an unsatisfactory condition, the buyer or recipient must so endorse the carrier's delivery document and must give separate written notice thereof to the seller within three days of delivery. If this condition is not observed, no claim in respect of shortage or of unsatisfactory condition of the goods will be entertained and the seller's liability is therefore limited accordingly.

4) PRICE.

The price charged will be the price ruling at the time of the delivery. Where this is at variance with the price quoted when the goods were ordered the buyer will be advised prior to delivery.

5) ACCEPTANCE OF TERMS.

Taking delivery of the goods or part thereof shall imply acceptance by the buyer of these conditions if he has not otherwise accepted the same.

6) WHEN SIGNATURE FOR RECIEPT OF GOODS BECOMES OPERATIVE.

Where, for administrative convenience, the buyer or his agent is requested by the seller to sign a contract and/or delivery note before the goods are handed over by the buyer or his agent agrees to examine the goods at the time of the physical hand-over and the effect of such signature in respect of receipt of the goods will not become operative until immediately after the physical hand-over.

7) RIGHTS RESERVED.

Any failure by the seller to enforce any or all of these conditions shall not be construed as a waiver of any of the seller's rights hereunder.

8) TERMS OF CONTRACT.

These conditions have effect in substitution for, and to the exclusion of any condition put forward by the buyer.

9) PAYMENT TERMS

Where monthly account facilities have been granted to the buyer in writing, all invoices must be paid by the last day of the month following month of delivery, where no such facilities have been granted payment will be with order or where previously agreed on delivery. Where these facilities are exceeded the seller shall be entitled to interest on the amount that is overdue at the National Westminster Bank Plc base rate plus 4% calculated on a day-to-day basis. This shall be without prejudice to any other rights or remedies of the seller. Any legal charges incurred in the recovery of money or equipment will be paid by the buyer.

Terms & Conditions