1. Conditions of Business
1.1 All goods or services ordered from Albion Pallets Limited are supplied subject only to the following terms and conditions unless otherwise agreed by Albion Pallets Limited and confirmed in writing.
1.2 The printed terms and conditions of any purchase order or other correspondence and documents of the customer issued in connection with this agreement will not apply unless expressly accepted in writing by Albion Pallets Limited. No variation to these conditions or any special conditions shall be applicable unless agreed in writing by Albion Pallets Limited.
1.3 The customer acknowledges that no reliance is placed on any representation made but not embodied in this agreement. This agreement is the complete and exclusive statement of the agreement between the parties and supersedes all previous communications, representations and arrangements, written or oral.
2. Collection & Delivery
2.1. All customers are required to provide specific order instructions to Albion Pallets Limited detailing all relevant information relating to delivery including any times during which access will be denied.
2.2. All delivery dates given by Albion Pallets Limited are business estimates and Albion Pallets Limited, its employees and agents shall be under no liability whatsoever for any delay in delivery howsoever caused.
2.3. The customer shall be bound to accept delivery and to pay for the goods in full provided delivery is tendered at any time within 2 months of the anticipated delivery date.
2.4. If the customer fails to take delivery of the goods or fails to give Albion Pallets Limited adequate delivery instructions at or before the time stated for delivery then Albion Pallets Limited may store the goods until actual delivery and charge the customer for any storage costs incurred and any additional costs of carriage.
2.5. Risk in the goods shall pass to the customer upon delivery.
2.6. The customer shall ensure that the goods are located, used, loaded and unloaded properly and responsibly in accordance with any relevant statutory provisions.
3.1. The customer shall be deemed to have accepted the goods 24 hours after delivery.
4.1. Goods delivered within the United Kingdom shall be paid for within 30 days of delivery of invoice (due date). The price of the goods shall be the price from time to time notified to the customer by Albion Pallets Limited or such price as shall have been quoted to the customer by Albion Pallets Limited if different.
4.2. Payments outstanding at the due date shall attract interest at 4% over the Bank of England minimum lending rate for the time being in force from the due date until the date of payment.
4.3. Albion Pallets Limited may adjust the charges/payments relating to this agreement to cover any legislative, fuel, cost increases or any other cost variables outside of Albion Pallets Limited’s control, notice of which shall be given to the customer at the earliest possible opportunity. Any other price increase will be notified to the customer and will be deemed accepted by the customer immediately upon the next delivery following such notification.
4.4. Default in payment or any other breach by the customer shall entitle Albion Pallets Limited to suspend all deliveries under any contract, and/or to terminate all or part of any contract if the customer fails after reasonable notice to make such payment or otherwise satisfactorily remedy such breach.
5. Risk and Title
5.1 Title in the goods shall not pass to the customer until Albion Pallets Limited has been paid in full for the goods.
5.2 Until such time as title in the goods passes to the customer, the buyer shall store the goods separately from any other goods and in such a way that the goods can be readily identifiable as being the property of Albion Pallets Limited.
5.3 Until such time as the goods are sold by the customer Albion Pallets Limited shall be entitled at any time to require the customer to deliver up the goods and/or at Albion Pallets Limited’s election to enter upon the premises of the customer and to take possession of the goods, the customer irrevocably authorising Albion Pallets Limited to enter any such premises by such means as may reasonably be necessary in order to effect such repossession.
6. Insolvency of the Customer
6.1. Albion Pallets Limited will be entitled to terminate this contract in the event of the insolvency of the customer and/or to suspend any further deliveries under the contract without any liability to the customer. If the goods have already been delivered but not paid for the price shall immediately become due and payable.
7.1.Albion Pallets Limited will so far as practicable ensure that the goods will correspond to any specification required by the buyer but expressly excludes all warranties conditions or terms implied by statute or common law so far as permitted by law.
7.2. In particular, Albion Pallets Limited can give no warranty as to the suitability of second hand or manufactured pallets for the purpose intended by the customer. Subject to clause 1 above, Albion Pallets Limited will ensure however that the goods supplied conform to any specification required by the customer.
7.3.Albion Pallets Limited shall not be liable to the customer by reason of any representation or implied warranty condition or other term or any duty at common law or under the express terms of the contract for any direct, indirect or consequential loss or damage (whether for loss of profit or otherwise) costs, expenses or other claims for compensation whatsoever (and whether caused by negligence or not, save in respect of liability for death or personal injury) which arise out of or in connection with the supply of the goods or their use or re-sale by the customer.
7.4 Without prejudice to clauses 7.1 to 7.3 above Albion Pallets Limited shall not in any event be liable for any claim unless notified in writing within 7 days of delivery or of the event giving rise to a claim.
8. Heat Treatment
8.1 Albion Pallets Limited is registered with the UK wood packing material marking programme and licensed under registration number FC0092. The application of that mark to goods supplied to the customer by Albion Pallets Limited certifies that the goods have been manufactured or repaired within the United Kingdom to prescribed phyto-sanitary standards.
8.2 Albion Pallets Limited agrees to comply with regulations required to meet such standards before application of the mark but cannot be held responsible for any export requirements, advice in relation to which should be sought by the customer from the relevant authority.
8.3 To the extent that Albion Pallets Limited provides information in respect of requirements for export of goods it uses as it source the UK Forestry Commission website and they or any other relevant authority should be consulted.
8.4 Albion Pallets Limited accepts no liability for loss or damage whatsoever or howsoever arising from the use of such information or advice.
8.5 Heat treatment certificates will be provided to customers upon request.
9. Force Majeure
9.1 Albion Pallets Limited shall be excused from any liability if the performance in whole or in part of the contract is prevented or hindered by cause beyond its control including without limitation by act of god, war, terrorism or acts of central or local government or other competent authority, fire, accident, strike, trade dispute or lockout etc.
10. Governing Law
10.1 This agreement shall be governed by and construed in accordance with the law of England and Wales and each party agrees to submit to the exclusive jurisdiction of the courts of England and Wales.