Terms & Conditions of Business
All services, including the supply of property, ('the services') are undertaken by Nebrak Limited ('the Company') subject solely to these conditions unless otherwise agreed in writing by a Director of the Company.
Price
The contract price is based on costs ruling at the time of the quotation and if between that time and the termination of the services any rise or fall in costs or variation in the services shall occur the contract price shall be amended to provide therefore.
Carriage/Delivery
Will be arranged on receipt of official order subject to the availability of materials and labour. Delivery times are given in good faith and without liability but every effort will be made to maintain them. Short deliveries, deficiencies and damage must be reported to Company within three (3) days and non-receipt of goods must be notified to the Company within fourteen (14) days otherwise liability cannot be accepted.
Goods/Return
Goods can only be returned with Company’s written consent.
Payment
Unless otherwise stipulated by the Company the payment terms are strictly thirty (30) days from date of invoice. All terms are strictly nett. The Company reserves the right to charge interest at 3% above, Bank of England Minimum Lending Rate calculated on a daily basis on invoiced amounts not settled within thirty days of the date of invoice.
Performance
The Company shall be relieved of its contractual obligations in the event that performance thereof is prevented or delayed directly or indirectly by an act of God; war, riot, strike action, labour disturbance, industrial dispute, fire, flood, explosion, shortage of material or labour or any cause beyond the control of the Company. If for any of these reasons the contract is not completed the Client shall pay the Company the contract price less the cost of labour and material not expended.
Risk & Title
Risk shall pass to the customer on delivery by the Company, or its agent, of the goods to the customer. Title in goods shall pass to the customer when payment in full has been made under the contract to the Company. The customer shall permit the servants or agents of the Company to enter on to the customer’s premises at any time prior thereto. The customer shall be at liberty to sell or rent the goods in the ordinary course of business on the basis that the goods in sale shall belong to the Company to whom the customer shall account on demand in the event of the Company not having been paid in full by the customer.
Consequential Loss
The Company shall not under any circumstances be liable for any direct or indirect consequential loss arising from the services howsoever, whensoever or wheresoever caused and whether or not resulting from negligent act or omission by the Company.
Sub-Contractors & Employees
The Company may sub-contract all or any part of the services except insofar as the Client otherwise instructs the Company in writing. The Company contracts for itself and as agent of and trustee for its employees and sub-contractors and their employees and any reference in the above Conditions to 'the Company' shall be deemed to include every such employee and sub-contractor.
Law
The contract shall be governed by and construed in accordance with English Law and be within the exclusive jurisdiction of the English Courts.
