Timber & Plywood - Terms & Conditions

The following Conditions shall apply to all Contracts of Sale between Timber & Plywood Services Ltd (“TPS”) and the customer (“the Buyer”) unless and only to the extent that any condition is expressly modified in the Quotation by TPS and/or Confirmation of Order by TPS. These conditions cannot be overruled by any Conditions stated in the Buyer’s official order unless these are accepted by TPS in writing.

1. Contract – The documents constituting the Contract of Sale are the quotation, if any, by TPS and the Order by the Buyer. Any amendments suggested or stipulated by the Buyer shall only be deemed to be adopted following written confirmation from TPS.

2. Prices – The price of goods specified in the Quotation is ex works and ex value added tax (“VAT”). Any costs incurred in the delivery of goods and relevant VAT charges are for Buyer’s account.

3. Payment Terms – Credit Accounts: Unless otherwise stated in writing,  credit account payment is due on a Nett Monthly Account (“NMA”) basis: ie   goods received during the course of any particular month are due for payment on the last day of the following month. In the case of Nett 2 monthly Accounts (sometimes referred to as “60 day accounts”) terms, are as for “NMA’s” but extended by one calendar month. 

Cash Sales: Payment is due on or before the receipt of goods.

4. Supplier’s Liability – TPS will only accept liability for defective/damaged goods/services supplied by TPS and which have been notified to TPS in writing within 48 hours of receipt of said goods/services. TPS will not be liable for any consequential losses which may arise from a buyer receiving goods from TPS.

5. Title to Goods -   

a) Notwithstanding delivery, all goods which form the subject of each Contract of Sale placed with TPS, whether orally or in writing, shall remain the property of TPS until the invoice in connection with the relevant Contract of Sale shall have been paid in full by the Buyer.

b) Until such time as title in the goods which form the subject of each Contract of Sale placed with the company has passed to the Buyer, TPS:
1) shall have absolute authority to remove,  repossess,  sell or otherwise deal with or dispose of any or part of the said goods in which the title remains vested in TPS;
2)  for the purpose specified in sub-paragraph (b) (1) above, TPS or any of its agents or authorised representatives shall be entitled at any time and without notice to enter upon any premises in which the goods or any part thereof are situated, or are reasonably believed to be;
3)  shall be entitled to seek a court order to prevent the Buyer from selling, transferring or otherwise disposing of the said goods.
And the foregoing shall be in addition to exercising such other rights or remedies as may be competent to TPS at law.

c)  If the goods forming the subject of the relevant Contract of sale are resold before they are paid for in full, (without  prejudice to any other rights or remedies available to the company at law) the proceeds of such sale shall be held in trust for TPS.

6.Lex Loci – The Contract of Sale and these conditions shall be interpreted according to the Law of Scotland.

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