STANDARD CONDITIONS OF TRADING OF NOBLE SIGNS LIMITED (“the Company”)
1. PRICES QUOTED.
All prices quoted will be subject to amendment if not accepted within one calendar month.
2. VALUE ADDED TAX.
All prices are quoted exclusive of Value Added Tax.
3. PRELIMINARY WORK.
The Customer will reimburse to the Company all costs reasonably and necessarily incurred
by the Company in the preparation of a price quotation on the instructions of the Customer.
When requested, proofs of all work, will be submitted for the Customer’s approval and the Company shall not be responsible for any errors not corrected by the Customer in Proofs submitted.
The Customer will indemnify the Company against all claims arising from errors in the Customer’s instructions to the Company, written or verbal.
6. DELIVERY & PAYMENT.
(a) Payment will be due on notification that the work has been completed (b) Unless otherwise specified, the prices quoted are for delivery of the work to the Customer’s last known address. A charge may be made to cover any extra costs involved for delivery to a different address (c) If work is suspended or delayed on the instructions of the Customer for a period of thirty days from the date of receipt of such instructions, the Company may render an interim account for payment for work done and costs incurred up to the date of such instructions (d) Interest will run on unpaid accounts from and after fourteen days from the due date thereof until payment at 8% over the Base Lending Rate of the Bank of Scotland in force from time to time (e) Accounts shall be sent to the Customer named in the price quotations who will be responsible for payment as principle debtor whether or not the Customer purports to be acting as agent for a third party.
All claims against the Company in respect of goods damaged when delivered must be intimated to the Company in writing within three days of delivery.
The Company shall not be liable for any loss or damage suffered by the Customer arising from delay in transit not caused by the Company, its employees or agents.
9. ERECTED SIGNS.
(a) The Customer shall be responsible for the ongoing maintenance and safety of all signs supplied by the Company; (b) The Customer will indemnify the Company against all claims, costs and expenses of whatever kind arising from the positioning and attachment of signs in accordance with the Customer’s instructions; and (c) The Company shall not be liable for any damage or injury caused by falling or loose signs, unless negligence can be proved against the Company.
10. STANDING MATERIALS.
The risk in the goods, items or materials supplied by the Company will pass to the Customer upon delivery, but beneficial ownership shall remain with the Company until full payment has been received.
11. MATERIALS SUPPLIED BY THE COMPANY.
The Company reserves the right to refuse to accept materials or specifications supplied by the Customer which the Company considers unsuitable for the implement of the Customer’s instructions. If, on the instructions of the Customer, the Company supplies materials that conform to a lower grade specification than the Company considers to be suitable then (provided the Company has drawn the Customer’s attention to the unsuitability of the materials in writing) the Customer shall indemnify the Company against all claims, costs, damages and expenses of the Company whatsoever arising from any claim made against the Company by the Customer or any third party for loss, damage, death or personal injury relating to the quality, durability or safety of any such materials supplied by the Company to the Customer pursuant to these Terms & Conditions.
If the Customer being a Limited Company shall go into Liquidation or Receivership or have an Administrator appointed or be wound up or disclosed or (if an individual) shall become apparently insolvent or sign a Trust Deed for his creditors or otherwise be unable to meet it or his commitments, then in any such event it shall be in the sole option of the Company to treat any contract between the Company and the Customer as terminated, to stop all work and will be entitled to payment for all work done to the date of termination and to exercise a lien over all the Customer’s property in its possession in such manner and in such price and at such price or prices as the Company thinks fit and to apply the sale proceeds towards such debt.
13. ILLEGAL MATTER.
The Customer shall be liable for all claims of whatever nature and by whoever made against the Company and whether arising in terms of any statute or common law or otherwise arising from any cause other than the Company’s negligence or that of their employees and the Customer will indemnify the Company against any such claims at the cost of any legal proceedings arising there from. The Company shall not be liable to the Customer or to any other person, Company or Corporation for loss or damage caused by delay in completing work or for any loss or damage to the Customer or to any other person, Company or Corporation arising from delay in the delivery of goods or materials. In particular, and without prejudice to the Company against all claims of whatever nature and by whoever made against the Company arising from the display of any material which is defamatory or an infringement of Copyright.
The copyright in any work or design by the Company shall vest in the Company.
15. FORCE MAJEURE.
The Company will not be liable if the performance of its obligation hereunder is prevented, interfered with, hindered, prejudiced or rendered commercially impracticable either directly or indirectly by any contingency beyond the control of the Company such as instructions or interference by any Government or other Authority or Act of God, fire, accident, war, nuclear explosion or any other ecological or environmental disruption, blockage, trade embargo, riots, civil commotion, strikes, lock-outs, labour disputes, shortage of fuel, power, labour or raw materials, or breakdown of machinery.
These Conditions shall be governed and construed in accordance with the Law of Scotland.
The above Conditions shall apply not only to all quotations given by the Company but to all orders subsequently placed with the Company by or on behalf of the same Customer in connection with the same work unless otherwise agreed in writing.