Terms & Conditions

Definitions:

In these terms and conditions the "Company" shall mean ISBELA Ltd. and the "Customer" shall mean the corporate entity firm or person to whom goods or services, 'the goods' are supplied.

  1. These terms and conditions cover all sales contracts between ISBELA Ltd. and the Customer and no variation in these terms and conditions shall be permitted unless expressly agreed in writing.
  2. A contract will only be formed when ISBELA Ltd. has accepted an order by the Customer to supply the goods. When an order is placed with ISBELA Ltd. the Customer is deemed to have fully satisfied themselves as to the Terms & Conditions of ISBELA Ltd. and to have accepted them as being fully binding. Not withstanding anything to the contrary in any terms and conditions attached to the Customers order, the terms and conditions of ISBELA Ltd. govern any contract entered into and are deemed to be incorporated into any order placed.
Price:

Unless otherwise agreed the price payable shall be in pounds sterling.

  1. Unless otherwise agreed the price payable shall be that ruling at the date of purchase.
  2. ISBELA Ltd. reserves the right to vary the price payable as a result of increases or reduction in costs or currency fluctuations affecting the imported materials which may occur prior to the dates of delivery.
  3. Prices don't cover delivery unless otherwise stated. If agreed deliveries apply to normal working days during normal working hours. ISBELA Ltd. shall be entitled to make an extra charge where supply is requested outside normal times.
  4. All quoted prices are exclusive of any Value Added Tax which may be payable.
Payment:

Payments for the goods must be made in full before the goods are supplied delivered or collected. In addition ISBELA Ltd. shall be entitled to recover from the Customer any costs howsoever incurred in connection with and in contemplation of any proceedings bought to recover sums due to ISBELA Ltd. The Customer shall not be entitled to withhold or off set any sum in respect of any loss or damage which it alleges it has sustained due to any act or default of ISBELA Ltd. or any goods which are alleged to be defective.

Delivery:

Any times periods or dates quoted for the delivery of goods by ISBELA Ltd. are approximate only and do not impose an obligation on ISBELA Ltd. to deliver on or before the quoted times periods or dates.

  1. Delivery shall be effected at the point of arrival at the address specified by the Customer or at the point of collection of the goods by the Customer. If required to do so the Customer shall unload the vehicle expeditiously and shall provide all labour and tackle for so doing.
  2. The Customer shall be responsible for any demur rage or waiting time caused by any delay in unloading and an appropriate charge will be made in any event where such delay exceeds one hour.
  3. If in the opinion of ISBELA Ltd. the ground or access over which delivery or unloading is required is unsuitable for safe passage ISBELA Ltd. may refuse to deliver or deliver to the nearest accessible point.
  4. The Customer shall indemnify ISBELA Ltd. in respect of any claim for loss or damage arising or unloading of the goods.
Force Majeure:

Deliveries may be partly or totally suspended by ISBELA Ltd. at any time when delivery is prevented or hindered by circumstances outside the company's control. Such circumstances may include inter alia the following factors affecting ISBELA Ltd. or its suppliers: Act of God, force majeure, war hostilities (whether war is declared or not), riot, civil commotion, explosion, invasion, military or usurped power strike, lockout, industrial action, abnormal weather conditions, fire, flood, Government action or regulations (UK or otherwise), delay by suppliers, accidents breakdown, shortage of materials or facilities.

Claims:

ISBELA Ltd. shall not be liable to the Customer for damage shortage or discrepancy that would be apparent on careful inspection of the goods by the Customer unless such claim is notified within 24 hours of delivery (except in special circumstances justifying delay) and in any event in writing within 7 days (time to be of the essence hereof) of the date of the delivery detailing the alleged damage shortage or discrepancy and providing a reasonable opportunity to ISBELA Ltd. to inspect the goods before they are put to any use.

  1. No shortage in respect of goods sold by weight will be accepted unless properly weighed over a public weighbridge and respective certificates of weight produced.
  2. The liability of ISBELA Ltd. in respect of any claim whatsoever, whether founded upon an allegation of negligence (except where the claim relates to personal injury of death) or otherwise and whether or not in respect of any damage shortage or discrepancy that would be apparent on a careful inspection by the Customer, shall be limited to the free replacement of defective goods and claims for loss of profits increased cost of working or any other consequential losses are expressly excluded.
Warranty:
  1. ISBELA Ltd. acts as a supplier of goods to the order of the Customer and knowledge if any of the purpose for which the goods are intended to be used does not imply any representation or warranty by ISBELA Ltd. as to the quality or fitness for purpose of the goods supplied. The use of the goods is the sole responsibility of the Customer.
  2. Unless otherwise expressly agreed in writing by ISBELA Ltd. all goods are supplied without any warranty as to their size dimension or weight. All quotations as to size dimension or weight given by ISBELA Ltd. are approximate only and do not impose any obligation on ISBELA Ltd. to supply the quoted size dimension or weight.
Limitation of Liability:

ISBELA Ltd. accepts no liability whatsoever for any consequential loss or damage caused or arising by reason of late or non delivery or fault failure or defect in any goods supplied or by reason of the same not being quality quantity or fitness for the purpose for which they were intended or otherwise and whether or not allegedly caused by negligence or otherwise. This exclusion does not restrict ISBELA Ltd.'s liability for death or personal injury resulting from negligence in respect of its liability under the Consumer Protection Act 1987.

Samples:

Samples of goods provided by ISBELA Ltd. are intended as a guide to the general character and substance of the Goods and ISBELA Ltd. is not liable if the bulk of the goods do not correspond with any samples.

Termination of Contract:

No cancellation by the Customer is permitted except where expressly agreed by ISBELA Ltd..

Waiver:

Any failure delay or indulgence by ISBELA Ltd. in the exercise of its rights shall not limit or extinguish the rights or remedies available to ISBELA Ltd. under the Contract.

Jurisdiction:

All contracts between ISBELA Ltd. and the Customer shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.

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