Terms & conditions of sale at
Crescent Building Supplies

Trade (Credit account)

1. Definitions
In these sale Terms:
"We", "we", "Our", "our", "Us" and "us" means Crescent Building Supplies (Ruislip) Ltd registered in England and Wales (number 4850331 ) and its employees and agents; "You", "you", "Your" and "your" means you the person seeking to purchase Goods from us; "the Contract" means the contract for the supply of Goods incorporating these Terms; "Defect" means the condition and/or attribute of the Goods and/or any damage, fault, condition or other circumstances that may entitle you to either reject the Goods, or seek Remedies; "the Goods" means the Goods packaging and services to be supplied by us; "Quotation" means our written indication of likely cost and specification of the Goods if You were to place an order with Us; "Remedies" means compensation (the sum required to put the breach right), repair or replacement, a reduction in price of the defective Goods or ending of the contract; and "the Terms" means these terms and any special terms agreed in writing between you and us.

2. The Basis of Our Agreement
2.1 These Terms apply to all Goods supplied by us. Orders are only accepted under these Terms and they may not be altered or added to without our written agreement. 2.2 In relation to the Contract We intend to rely upon these Terms along with any written acceptance of an order placed by you as to the terms of the agreement between us. If you require any changes to the Contract, please ask for these to be put in writing.
2.3 An agreement between you and us for the sale of any Goods only exists after we have received and accepted your order and have confirmed it in writing such as by invoice, receipt, delivery note or by email to an email address you have given. Once we do so, there is a binding legal contract between us.
2.4 Our Quotations do not constitute an offer to enter into a contract with you and shall only be valid for 30 days from their date unless otherwise stated in writing.
2.5 We may withdraw or amend any Quotation at any time prior to our acceptance of your order.
2.6 We may change these Terms without notice to you in relation to future sales.
2.7 In providing any advice to you with regard to the suitability of any Goods or materials for your specifications we shall rely upon the information that you provide to us. You must ensure the accuracy of any information you provide to us including any applicable design, drawing or specification and you must give us any necessary information relating to the Goods within sufficient time to enable us to perform the contract in accordance with these Terms.
2.8 Any notices hereunder shall be in permanent readable form and shall be deemed properly delivered if addressed to that party concerned at its principal place of business or last known address.

3. The Description and Price of the Goods
3.1 The description and price of the Goods you order will be as shown, or as described by us in any Quotation, or, in the absence of such, as shown in our, or the manufacturer's / supplier's, current catalogue or website at the time you place your order. We reserve the right to vary the price of the Goods at any time before the Contract is made. Whilst we try to ensure that all descriptions and prices are accurate and are kept up to date, errors may occur. If we discover an error in the price or description of the Goods you have ordered, we will let you know as soon as reasonably possible. We will then offer you the option of reconfirming your order.
3.2 Our ability to supply the Goods is subject to us holding them in stock or being able to obtain them. If on receipt of your order, the Goods you have ordered are not available either in stock or by special order we will inform you as soon as reasonably possible and if we are unable to obtain them in an agreed time we will credit you.
3.3 In the event that we are unable to supply the Goods to you for a reason beyond our reasonable control, we will notify you and offer you alternative similar products which are of no less quality. You shall be entitled to accept the alternative Goods offered with a credit of any difference in the price if the substitute is cheaper.
3.4 Whilst we try to maintain continuity of supply in relation to our product lines, we reserve the right to discontinue any product at any time and we shall be under no obligation to supply you with a discontinued product in the future. If you have already placed your order, we will notify you as soon as reasonably possible that the Goods are not available and offer you an alternative product if one is available or a full credit.
3.5 In the case of certain products, variations may arise in the finish of those products where they originate from different factory batches. We shall not be liable for any loss caused by such variation where such variation does not diminish the quality of the Goods and where Goods bought for a specific job or purpose are not purchased at the same time. 3.6 We shall have the option of supplying any Goods ordered by you in imperial measurements in the nearest equivalent metric measurements and the Goods may be charged in metric measurement allowing for conversions.
3.7 Where fine or especial tolerances are required in the Goods supplied beyond those generally accepted in the building trade, no liability will attach to the Seller unless such fine tolerances are notified in writing to the Seller at the time of order and the Seller has acknowledged in writing that it is prepared to accept such order. 3.8 We take every precaution in the preparation of our catalogues, technical circulars, web pages, price lists and other literature, but these documents are for your general guidance only and do not form part of the Contract If you require advice in relation to the Goods, a specific request for advice should be made.
3.9 We reserve the right to increase the price of the Goods to cover:
3.9.1 any increase in the cost which is due to any factor beyond our control including, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increases in the costs of labour, materials, or other costs of manufacture;
3.9.2 any change in delivery dates, quantities or specification of the Goods which are requested by you; or
3.9.3 any delay caused by any failure by you to give us adequate information or instructions.
3.10 Where you require delivery to be made, we may require you to pay a charge for the delivery of the Goods in addition to the price and, if applicable, this charge will be quoted to you at the time of contract.
3.11 The price of the Goods and delivery charges are exclusive of VAT unless VAT is shown as a separate element.
3.12 Prices and delivery charges displayed or otherwise communicated are valid and effective only in the United Kingdom.

4. Payment for Goods (Credit Account)
4.1 If you have a credit account with us then payment is due on the last day of the month following the month in which the Goods are delivered. 4.2 We will accept payment of credit accounts by Credit Card subject to a 2% surcharge 4.3 Credit facilities may be withdrawn or reduced at any time at our sole discretion even if we have previously agreed to give you credit.
4.4 We reserve the right to refuse to execute any order or contract if the arrangements for payment or your credit rating is not satisfactory to us.
4.5 In our discretion we may require security satisfactory to us or payment for each consignment when it is available and before it is dispatched in which case delivery will not be effected until we are in receipt of security or cleared funds as requested by us.
4.6 If at any time you (being an existing credit account customer) shall alter your constitution or being a sole trader or partnership shall become incorporated or amalgamated with others it shall be your duty to give prior written notice of the intended change (should you wish to continue credit account facilities following any intended change).
4.6.1 Continuance of trading with the amalgamated entity or commencement of trading with a new entity shall be in the sole discretion and only deemed undertaken by us on a written acknowledgement and acceptance issued by our Credit Controller or Sales Director or Company Secretary.
4.7 If there are minor faults in the Goods and you claim a reduction in the price, you will not withhold more than a reasonably proportionate amount of the payment of any invoice or other amount due to us. If you withhold more than a reasonably proportionate amount we reserve the right to apply interest to the outstanding balance at the rate of eight percent per annum above Barclay's Bank Plc's prevailing base lending rate from time to time, until the balance is paid.
4.8 If you fail to pay for the Goods on the date on which payment is due, we reserve the right to charge you interest on the amount unpaid at the rate of four percent per annum above Barclay's Bank Plc's prevailing base lending rate from time to time, until payment is made.
4.9 If for any reason you owe us any money we may deduct these sums in calculating any amount which we may owe you.
4.10 You are deemed to be responsible for ex-employees' purchases unless we are notified in writing (can be fax/email) that person/s are no longer employed by you.

5. Our Delivery of the Goods
5.1 If we agree to deliver the Goods to you then you must provide us with an address for delivery at the time you place your order.
5.2 We reserve the right not to deliver outside our normal delivery area.
5.3 If there is no one at the address you have given who is competent (over the age of 18 years) to accept delivery of the Goods by signing for them, we will seek to agree an alternative delivery date, or agree for you to collect the Goods. We reserve the right to make an additional charge for the original delivery and any subsequent re-delivery of the Goods and you will be informed of the amount at the time we arrange an alternative date.
5.4 We reserve the right to make delivery by installments and tender a separate invoice in respect of each installment. Each delivery shall constitute a separate contract and failure by us to deliver any one or more of the installments or any claim by the Customer in respect of any one or more of the installments shall not entitle you to treat the contract as a whole as repudiated.
5.5 We will make every effort to deliver the Goods as soon as reasonably possible after your order has been accepted and this will not usually be later than 30 days from the date you place your order. If we are unable to deliver for whatever reason we will inform you as soon as reasonably possible and refund you the Goods and delivery charge in full.
5.6 Any statement in any Quotation or contract made by us as to the time or date for delivery of Goods is to be treated as an approximate estimate. We can accept no liability for any delay in delivery howsoever caused.
5.7 If Goods are to be deposited other than on your private premises we will deliver the Goods as near as possible to the delivery address as is safe and the public highway permits. You will be responsible for complying with all regulations, permits and charges and for all steps which need to be taken for the protection at all times of persons, vehicles or property. You will reimburse us in respect of all reasonable losses, damages, costs and expenses we may incur as a result of such delivery whether on the public highway or elsewhere.
5.8 We will only enter private property if we are given specific authority. Once invited onto private property we accept no liability for damage caused to that property by our delivery drivers (whether directly employed by us or by a third party) we reserve the right to refuse to deliver the Goods to premises that are considered by our delivery drivers to be unsuitable or unsafe. We will notify you as soon as reasonably possible of the reason for non-delivery.
5.9 You are to provide free of charge the labour required for unloading and stacking of Goods. 5.10 You agree to reimburse us in respect of all losses, damages, costs and expenses that we incur in complying with any specific delivery instructions which you may give us and which relate to clauses 5.7 and 5.8 above.
5.11 Unless we state otherwise, all our Quotations and estimates assume delivery of the full contracted amount of Goods. We reserve the right to levy additional charges for deliveries by installments where requested by you.
5.12 An additional charge will be made if we agree to your request to deliver outside normal working hours or Saturday afternoons, Sundays and/or bank holidays.
5.13 If you keep our delivery vehicle waiting for an unreasonable time or the delivery driver is obliged to return without completing delivery, or if due to the nature of the Goods we have to provide additional staff to unload Goods, a reasonable additional charge will be made that reflects the extra services provided.

6. Collection
6.1 You may collect Goods from us during our trading hours if they are not collected within 14 days from when we notify you that they are available, a storage charge will be payable before the Goods are released.
6.2 If at your request we hold the Goods in our store the same will be at the risk by you
6.3 If you collect Goods from us you are solely responsible for the size weight and positioning of the load on the vehicle and shall indemnify us in respect of all costs claims losses or expenses that may incur as a result of your collecting the Goods including any resulting from our negligence
6.4 No responsibility is accepted for losses due to mechanical failure of our machinery
6.5 when collecting Goods from us you must have adequate insurance in place to cover for personal injury to employees, Sub-contractors and third parties as well as cover for third party property and vehicles.

7. Packaging
7.1 We may charge for packaging to cover the cost of labour and materials.
7.2 Crates and cases may be charged. Some charges may be credited in full when returnable empties are returned to us in good condition. A charge may be made if damaged or retained for more than seven days.
7.3 Pallets may be charged. Some charges will be credited in full if returned to us carriage paid in good condition within seven days of delivery. A charge may be made if damaged or retained for more than seven days.
7.4 Polythene sacks will be non-returnable.
7.5 You will be solely responsible for the disposal of any waste arising from the Goods and will comply with applicable laws, regulations and waste management licences relating to such waste. You will indemnify us against all costs, claims, liabilities and expenses incurred by us arising from or in connection with any breach by you of this clause

8. Your Cancellation and Return of the Goods
8.1 To exercise your right of cancellation, you must give written notice to us by hand, post, fax or email, at the address, fax number or email address shown below, giving details of the Goods ordered and (where appropriate) their delivery: Crescent Building Supplies (Ruislip) Ltd, Breakspear Road, Ruislip, Middlesex, HA4 7SN. Fax: 01895 676288. sales@crescentbs.com.
8.2 If you exercise your right of cancellation after the Goods have been delivered to you, you will be responsible for returning the Goods to us at your own cost. The Goods must be returned to the originating branch address shown in Clause 8.1 above. You must take reasonable care to ensure the Goods are not damaged in the meantime or in transit.
8.3 You do not have the right to cancel the Contract if your order is for perishable Goods that have been unsealed by you, or for Goods that by their nature cannot be returned or are liable to deteriorate or expire rapidly.
8.4 For contracts not made at a Distance and where you purchase Goods from us from stock we may at our discretion accept the Goods back, in which case we will issue you with a credit for the purchase price less reasonable costs incurred. Goods to be returned must be delivered back to us at your cost with proof of purchase and be in the same condition that they were in at the time of purchase. We will be unable to accept back Goods that were not held in stock and were especially ordered on your behalf. This clause does not affect your right to return faulty or mis-described Goods as required within your statutory rights.
8.5 If you cancel the Contract when it has not been made at a Distance and we have not agreed to take back the Goods you will be liable for reasonable costs that we have incurred. This clause does not affect your right to return faulty or mis-described Goods as required within your statutory rights.

9. Your Acceptance of the Goods
9.1 Your acceptance of Goods can take place in three ways:
9.1.1 by telling us that you have accepted the Goods;
9.1.2 by altering or customising the Goods in any way; or
9.1.3 by keeping the Goods longer than a reasonable time without telling us that you have rejected them.

10. Your Responsibilities on Delivery including Inspection
10.1 If you are not satisfied with the Goods, if they do not conform with your order, if they are damaged or faulty, if they are not of satisfactory quality or are otherwise defective you should reject them on delivery, or, if a defect is found within a reasonable time after delivery we will (subject to confirmation of the defect) exchange the Goods or refund you in full or part.
10.2 Should a short delivery (of less than the full quantity of Goods ordered) have been made, you must notify us within a reasonable time of discovery of the short delivery. Our liability for this short delivery is limited to making good the shortage.
10.3 Where it would have been apparent on a reasonable inspection that the Goods do not conform to the Contract and you fail to give us notice of this within a reasonable time you will be deemed to have accepted the Goods and have waived any right to reject the Goods.

11. Defective Goods
11.1 If the Goods have a defect at the time of sale and you have not yet accepted the Goods, we will refund you in full. Where you have accepted the Goods, you lose the right to a refund. However you retain the right to the Remedies.
11.2 If the Goods have a defect and you have accepted them, you will be entitled to Remedies. We will not pay compensation for any consequential damage (including but not being limited to loss of profit, loss of income, loss of business, loss of revenue, loss of goodwill or any other indirect or consequential loss of any kind) resulting from use of the defective Goods, where such damage was not reasonably foreseeable to us at the time the Contract was made or where such losses can be reasonably described as arising in the course of your trade or business.
11.3 If you do not accept the Goods you may claim a full refund or Remedies only if the Goods are not:
11.3.1 of a satisfactory quality
11.3.2 fit for purpose
11.3.3 as described at the time of purchase
11.4 If you claim Remedies after purchase you must prove that the Goods did not conform to the Contract at the time of sale.
11.5 You cannot make a claim for Remedies in the following cases:
11.5.1 if the defect or fault was brought to your attention on or before the time of sale;
11.5.2 if you inspected the Goods on or before the time of sale and the defect or fault was or should have been readily noticeable;
11.5.3 if the defect or fault would have become apparent on inspection within a reasonable time from delivery and notice of the defect has not been given to us within a reasonable time from when the defect became apparent;
11.5.4 if the defect arises from your willful actions, negligence, abnormal working conditions, mis-use, alteration or repair of the Goods, failure to follow instructions relevant to the Goods or storage of the Goods in unsuitable conditions;
11.5.5 if you change your mind about wanting the Goods or if after purchase you decide that you do not like a cosmetic aspect of the Goods such as colour or shape that was clearly intrinsic to the Goods at the time of purchase;
11.5.6 if you chose the Goods yourself for a purpose which was neither obvious nor made known to us and you find the item unsuitable for that purpose; or
11.5.7 if the defect is a result of fair wear and tear.
11.6 Nothing in these Terms will affect the terms of manufacturers' warranties and guaranties or reduce your statutory rights relating to faulty or mis-described Goods.
11.7 Where we have supplied you with Goods and you are acting in the course of a trade or business, our maximum aggregate liability under or in connection with the Contract shall not exceed the price of the Goods.

12. Ownership and Responsibility for the Goods
12.1 Risk passes to you as soon as we have delivered the Goods and you will then be responsible for them. If you delay a delivery, our responsibility for everything other than damage due to our negligence will end on the date that we agreed to deliver them as set out by the Contract.
12.2 We will retain title (ownership) to the Goods until you pay the full price of the Goods and any other sums outstanding between you and us whether in respect of this Contract or otherwise.
12.3 Until title passes you shall:
12.3.1 hold the Goods on trust on our behalf;
12.3.2 store the Goods separately from all other Goods or products in such a way that they remain identifiable as the Goods; and
12.3.3 not affix the Goods to any land or building in such a way that they become incapable of removal without material injury to the land or building.
12.4 We shall be entitled, at any time, to recover any or all of the Goods in your possession to which we have title for that purpose, We our employees or agents may, with such transport as is necessary, enter upon any premises occupied by you, or to which you have access and where the Goods may be, or are believed to be, situated. Or, we may at any time revoke the power of sale and use granted to the Customer who at all reasonable times shall afford access to our representatives to the premises where our Goods shall be situated for the purpose of repossessing such Goods and shall render all reasonable assistance in removing the same.

13. Your Non-Payment / Insolvency
13.1 If you are declared bankrupt, enter into an Individual Voluntary Arrangement with your creditors, fail to pay any invoice or any sum due to us under any contract or you commit a material breach of the Contract and fail to remedy that breach, all sums outstanding between you and us shall become immediately due and payable and we shall be entitled to do any one or more of the following (without prejudice to any other right or remedy we may have):
13.1.1 require payment in cleared funds in advance of any further orders you may make;
13.1.2 cancel or suspend any further deliveries to you under this or any other contract without liability on our part to the extent that we have not already received payment in cleared funds; 13.1.3 claim interest and compensation on the sums outstanding from the due date until payment is received in accordance with clause 4.8 above; and
13.1.4 terminate this or any other contract with you without liability on our part, provided that we shall complete orders on which you have made payment in full.
13.2 You will reimburse our costs including legal costs, which we incur in enforcing a breach of the Contract arising from your act or omission.

14. Data Protection
By placing your order, you allow us to use your personal details for the purpose of supplying the Goods (including passing your details on to our employees/agents). We may share your information within our company network for the purposes of fulfilling your order, but we will not use your details for other purposes without seeking your prior consent.

15. Events Beyond Our Control
We reserve the right to defer the date of delivery or to cancel the Contract or, with your consent (not to be unreasonably withheld or delayed), reduce or increase the volume of Goods ordered by you (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control, provided that, if the event in question continues for a continuous period in excess of 30 days, you shall be entitled to terminate the Contract by giving 14 days prior written notice and you shall be entitled to a refund in respect of any Goods not delivered to you.

16. General
16.1 We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take Court proceedings, English law will apply and the English courts will have non-exclusive jurisdiction in the case of any dispute.
16.2 Any waiver by us of any breach or default of these Terms does not mean that we will continue to waive that or any subsequent breach.
16.3 If any clause of sub-clause of these Terms is held to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms will not be affected and they will remain in full force and effect.
16.4 Any reference in these Terms to any Statute, Statutory Provision or Regulation includes a reference to that Statute, Statutory Provision or Regulation as amended extended or re- enacted at the relevant time.
16.5 The headings of these Terms are for convenience only and shall not affect their interpretation.
16.6 Termination of the Contract shall not affect the rights and obligations that have already accrued at the time of termination.
16.7 Nothing in these Terms or the Contract is intended to or will create any benefit for or right to enforce any of the Terms of the Contract to any third party.
16.8 We may assign novate, or sub contract all or part of this Contract and you shall be deemed to consent to any novation.
16.9 This Contract is personal to you and it may not be assigned.
16.10 Our agents shall not have authority to enlarge, vary or exclude any of these conditions. Any purported enlargement, variation or exclusion thereof shall be without effect unless specifically agreed to in writing by us and you.

Crescent Building Supplies (Ruislip) Ltd
Breakspear Road
Ruislip Middlesex
HA4 7SN
Tel: 01895 672822
Fax: 01895 676288