In these terms and conditions, "the supplier" shall mean Tayside Contracts. The contract shall be governed by and interpreted in accordance with Scottish Law.
(a) The prices quoted are the supplier's prices current at the date of quotation based upon the cost of materials, labour, equipment and operations at the time of the supplier's last price review and excluding VAT. All contracts are subject to the condition that deliveries will be made at the supplier's prices ruling at the date of despatch and in the event of any variation in such costs the supplier will adjust prices accordingly. VAT (if any) will be added at the appropriate rate.
(b) All quotations given by the supplier must be accepted as a whole unless the supplier expressly agrees in writing to any deductions or to differences in quantities.
(c) This quotation is based upon the types and rates of tax contributions or levies in force at the date of this quotation. In the event that any new types of tax contribution or levy or any change in the rate of any tax contribution or levy or nay change in the rate of any tax contribution or levy causes us to incur (whether directly or indirectly) increased costs in connection with this quotation we shall be entitled to recover these extra costs from you as increases to our quoted price or prices.
Prices only cover delivery or collection on normal working days during normal working hours. All deliveries made on Public Holidays, Sundays or Saturday afternoons or at any other time outside normal working hours will be charged for by us and paid for by you as increased to our quoted price or prices unless this quotation expressly provides for delivery during these periods at no additional charge.
2. Acceptance Period
This quotation will remain open for acceptance for one calendar month from the date hereat. All written orders shall be acknowledged in writing by the supplier affirming the terms and conditions of the contract. In the event of delivery of materials commencing prior to receipt of written order the supplier's terms and conditions shall apply and all other conditions are excluded.
3. Non-Variation of Conditions
These Conditions shall be deemed to be incorporated into any contract arising from a quotation and no stipulation or condition which would conflict with or in any way vary, qualify or negate any of these Conditions shall be binding upon us unless expressly agreed in writing. Unless we otherwise agree in writing these Conditions shall also apply to any materials or goods supplied by us to you whether or not such supply is made pursuant to a formal quotation.
4. Delivery and Delays
(a) This quotation is based upon safe and easy access for our vehicles for delivery and collection of materials and goods. In the event that our opinion such access is not available or in the event that in our opinion any road or ground over which our vehicles would have to travel is unsuitable we reserve the right to refuse to so delivery or collect. Further, should we incur extra costs in making a delivery by reason of unsatisfactory access or an unsuitable road or ground for our vehicles we shall be entitled to recover these extra costs as an increase to our quoted price or prices.
(b) We shall not be responsible for failure to supply or for delay in supplying any materials or goods which may be due to or result from (whether directly or indirectly) any causes or circumstances beyond our control and without limiting the generality of the foregoing such causes or circumstances shall extend to any Act of God, or war hostilities (whether war be declared or not), invasion, act of foreign enemies or terrorists, riot, civil commotion or disorder, rebellion, revolution, insurrection or military or usurped power, any strike or lock-out, any fire, accident, breakdown of machinery, any shortage of labour or materials, non-availability of haulage facilities, equipment or spare parts affecting the production or transit of such materials.
(c) Waiting time will be charged out at the appropriate rate after the vehicle has been held on site for longer than one quarter hour for dry materials and one half hour for coated materials.
5. Defective Materials
(a) Although every effort is made to supply materials or goods to accord with the quality of specification ordered, if any materials or goods supplied by the supplier should be proved to be defective or not in accordance with the said quality or specification ordered, the supplier's liability shall be limited to replacement at their expense of such materials or goods. Such replacement shall only, however, be made if a complaint in writing is sent to the supplier within 48 hours after the supply of materials or goods of which complaint is made.
In any event the supplier can accept no responsibility whatsoever in regard to the suitability or otherwise for any intended purpose of any specification or quality required of any material supplied by them.
(b) The supplier shall in no circumstances be under any liability for any consequential or indirect loss or damage howsoever arising and howsoever caused.
(c) Total liability in respect of materials or goods supplied pursuant to this quotation shall be limited to that set forth in sub clauses (a) and (b) of this Clause and any other liability whether in contract, delict or otherwise and all and any conditions, warranties, terms and representations (whether express, implied or statutory or otherwise) are hereby excluded.
(a) Unless otherwise expressly stated in our quotation the payment terms are strictly net with payments to be received by the supplier not later than 30 days after the date of invoice, failing which the supplier shall be entitled to charge interest at the rate of 5% above the current base rate of the National Westminster Bank plc., from such date until paid. Notwithstanding that risk of damage to or loss of the materials shall have passed to you with delivery ownership will not pass until such time as the supplier has received payment in full for all materials supplied by the supplier and for which payment remains outstanding.
A quotation is submitted on the assumption that arrangements for payment (including references as to credit worthiness) will prove satisfactory. Should this not prove to be the case and should any payment be overdue the supplier reserves the right any time to suspend or discontinue delivery of any materials or goods and they shall have no liability for such a suspension of or failure to make delivery in these circumstances.
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