1. The placing by the Customer of any order, written or oral, whether or not any quotation may have been submitted shall constitute an offer by the customer. Acceptance by the Company shall be deemed to include acceptance of the full terms and conditions, which shall form the conditions of the contract and shall apply to the exclusion of any terms put forward by or on behalf of the Customer.
2. The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order submitted by the Customer and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Contract in accordance with its terms.
3. Any time or day quoted by the Company for delivery of all or any of the Goods and/or performance of all or any of the Services is an estimate only. The Company shall not be liable for any failure to meet any such estimate, nor for any loss, whether financial or otherwise, resulting directly or indirectly there from.
4. All https://farmington.co.ukiptive and technical specifications, drawings, catalogues, illustrations and particulars of weight and dimensions supplied by the Company are approximate only and the Company reserves the right without notice to the Customer to alter such matters and to supply the Goods as so altered in performance of the Contract.
5. The Company does not warrant or represent that the Goods have been sourced from Farmington Quarry and reserves the right to supply the Customer with Goods which have been obtained from an alternative source if the Company is of the opinion that the Customer’s requirements would be better met by doing so.
6. Any price quoted by the Company is based upon costs current as at the date appearing on the quotation. The actual price to be charged to the Customer under the contract may be increased to take account of costs current as at the date of invoice. All prices are exclusive of VAT which shall be payable by the Customer.
7. Risk of the Goods shall pass to the Customer immediately on delivery to the Customer or into custody on the Customer’s behalf whichever is the sooner. Notwithstanding delivery, property in and title to the goods shall remain in the company until the Company has received payment of the full price in cleared funds for all Goods and Services supplied by the Company to the Customer under any contract whatsoever.
8. Without prejudice to any rights and remedies available to it, the Company shall be entitled, forthwith on written notice to the Customer right to terminate wholly or in part the Contract or to withhold performance of all or any of its obligations under the Contract if the Customer: shall refuse to take delivery of or collect any of the Goods and/or to allow the performance of the Services in accordance with terms of the Contract; shall commit or be subject to any Act of Insolvency; shall commit any breach of any contract with the Company.
9. The Company shall make good at its option by repair or by replacement any defect developing under normal use in the Goods and due solely to faulty design (except where supplied by the Customer) materials and/or workmanship provided that: (a) any such defect in design/materials/workmanship shall have appeared within one month after delivery and shall have been thereupon promptly notified to the Company in writing. (b) the Company shall be under no liability in respect of any defect arising from fair wear and tear, extreme weather conditions, wilful damage, negligence, failure to follow the Company’s instructions (whether oral or written), misuse or alteration of the Goods without the Company’s instructions (whether oral or written), misuse or alteration of the Goods without the Company’s approval. (c) the Company shall be under no liability until any monies due from the Customer under the Contract have been paid. (d) any Goods alleged to be defective are promptly made available to the Company for inspection and, if so required by the Company, are promptly returned at the Customers risk and expense to the Company’s works for inspection, and the Company shall in its reasonable opinion consider them to be defective solely by reason of faulty design, materials and/or workmanship, provided always that were, as a result of such inspection, the Company does not consider in its reasonable opinion that such Goods are defective solely by reason of faulty design, materials and/or workmanship, the Customer shall forthwith on demand reimburse the Company its reasonable costs arising out of such inspection.
10. Where the Goods are sold or Services are supplied to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977) the statutory rights of the Customer are not affected by these conditions. Save as aforesaid and subject as expressly provided in the conditions, all representations, warranties, conditions or other terms (express or implied) are excluded to the fullest extent permitted by law.
11. The Company is the owner of all and any intellectual property rights of whatever nature in the designs, drawings and any other aspect of the Goods save as provided in clause 11 below.
12. If the Goods are to be manufactured or any process is to be applied to the Goods by the Company in accordance with a specification submitted by the Customer, the Customer shall indemnify the Company in full against all loss, costs, damages, charges, expenses and other liabilities awarded against or incurred by the Company as a result of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person and/or for passing off and/or unauthorised use of confidential information which results from the Company’s use of the Customers specification.
13. The Company does not warrant that the Goods are fit for any particular purpose and it is the responsibility of the Customer to obtain all appropriate and relevant third party advice in order to ensure that the Goods are suitable for the purpose for which they have been purchased.
14. The Company shall have no liability whatsoever for any failure to perform, or for any delay in the performance of, any of its obligations under the Contract arising wholly or in part by reason of any factor beyond its reasonable control, including without limitation shortage of raw materials, components or services, act of God, war, national emergency, laws or regulations of any territory, industrial dispute, civil commotion, fire, tempest and flood.
15. The Contract is personal to the Customer, who shall not assign or in any way pay with the benefit thereof without the Company’s prior written consent.
16. The Contract shall in all respects be governed by and construed in accordance with English Law.
The foregoing is a precise of the full terms and conditions of supply and/or service by the Company.
MODERN SLAVERY POLICY STATEMENT
Modern slavery is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person’s liberty by another in order to exploit them for personal or commercial gain. We have a zero-tolerance approach to modern slavery and we are committed to acting ethically and with integrity in all our business dealings and relationships and to implement and enforce effective systems and controls to ensure modern slavery is not taking place anywhere in our own business or our supply chain. We are also committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chain. We expect the same high standards from all of our contractors, suppliers and other business partners. As part of our contracting processes, we include specific prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery or servitude and we expect that our suppliers will hold their own suppliers to the same high standards. This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, agents, contractors, external consultants, third-party representatives and business partners. This policy does not form part of any employee’s contract of employment and we may amend it at any time.
RESPONSIBILITY FOR THE POLICY
The Procurement Department has overall responsibility for ensuring this policy complies with our legal and ethical obligations, and that all those under our control comply with it The Director has primary and day-to-day responsibility for implementing this policy, monitoring its use and effectiveness, dealing with any queries about it, and auditing internal control systems and procedures to ensure they are effective in countering modern slavery. Management at all levels are responsible for ensuring those reporting to them understand and comply with this policy and are given any required training.
COMPLIANCE WITH THE POLICY
You must ensure that you read, understand and comply with this policy. The prevention, detection and reporting of modern slavery in any part of our business or supply chain is the responsibility of all those working for us or under our control. You are required to avoid any activity that might lead to, or suggest, a breach of this policy. You must notify your manager OR the Procurement Department as soon as possible if you believe or suspect that a conflict with this policy has occurred, or may occur in the future. You are encouraged to raise concerns about any issue of suspicion of modern slavery in any parts of our business or the supply chains of any supplier tier at the earliest possible stage. If you believe or suspect a breach of this policy has occurred or that it may occur you must notify your manager or report it in accordance with our Whistleblowing Policy as soon as possible. If you are unsure about whether a particular act, the treatment of workers more generally, or their working conditions within any tier of our supply chain constitutes any of the various forms of modern slavery, raise it with your manager or the Procurement Department. We aim to encourage openness and will support anyone who raises genuine concerns in good faith under this policy, even if they turn out to be mistaken. We are committed to ensuring no one suffers any detrimental treatment as a result of reporting in good faith their suspicion that modern slavery of whatever form is or may be taking place in any part of our own business or in any part of our supply chain. If you believe that you have suffered any such treatment, you should inform your manager immediately.
COMMUNICATION AND AWARENESS OF POLICY
Training on this policy, and on the risk our business faces from modern slavery in its supply chain will be given where needed. Our zero-tolerance approach to modern slavery must be communicated to all suppliers, contractors and business partners at the outset of our business relationship with them and reinforced as appropriate thereafter.
BREACHES OF THIS POLICY
Any employee who breaches this policy will face disciplinary action, which could result in dismissal for misconduct or gross misconduct. We may terminate our relationship with other individuals and organisations working on our behalf if they breach this policy.