William Tyler Developments Limited Terms And Conditions
Under the terms and conditions of the Company set out below:
- ‘The Company’ means William Tyler Developments Limited.
- ‘The Buyer’ means the corporation, firm, company, institution, person or persons to whom a quotation is made or to whom goods, building or other services are sold by the Company.
- ‘Goods’ means products or property supplied by the Company under this contract.
- ‘Documents’ typically means Bills of Sale, Purchase Agreements, or Structural Guarantees.
- Services typically means buildings, extensions or work undertaken to provide dwellings involving preparation and building delivery, accompanied by the provision of notes and subsequent certificates.
Any order accepted by the Company whether or not it is based on or results from this or any other quotation or tender given by the Company is deemed to incorporate these terms and conditions. No variation or modification of or substitution for these terms and conditions (even if included in or referred to in the document placing the order) shall be binding on the Company unless specifically accepted by the Company in writing.
Validity of Quotation
Unless previously amended or withdrawn the Company’s quotation is open for acceptance for the period stated therein or where no period is stated for 30 days after the date thereof. The Company’s quotation is not an offer but merely an invitation to the Buyer to make an order for buildings, goods, documents or services under the terms and conditions of the quotation.
In the event that the buyer disputes the invoiced cost, the quality of building, goods or services, a dispute must be registered with the company within 30 days of completion or delivery of the goods or building. Once that time period has lapsed, disputes raised will only be considered under NHBC Certification.
Unless otherwise specified in the quotation buildings will be completed at the Company’s discretion. If by reason of the buyer’s default the properties are not taken up or delivered by the date specified in the contract, the company may treat the contract as repudiated. The Company accepts no liability for any loss, injury, damage or expenses consequent upon any delay in delivery of completed buildings. Delays due to weather or extraneous circumstances will not render the Company liable in any way. Completion dates given at commencement are a guide only.
Prices are subject to alteration or withdrawal without notice. Orders are accepted subject to the condition that buildings will be invoiced at prices ruling on the date of contract signing unless otherwise stated on an official quotation of the Company. Unless otherwise stated prices are exclusive of VAT.
All buildings are supplied with a NHBC warranty unless otherwise stated. Documents should be examined before contracts are signed and is considered best practice according to applicable legislation.
Property of Goods
The Property value as invoiced in buildings or services delivered under this contract shall not pass to the buyer until their price and interest (payable pursuant to clause 10) and any other sum payable under this contract have been paid in full. Until actual payment of all such sums, the buyer shall hold the keys in the fiduciary capacity of bailee.
Supply of Buildings and Fittings
The risk shall pass when the buildings are delivered to the buyer, delivery being defined in clause 5 above. The fitting of any fixtures supplied in any agreed location shall be at the buyer’s risk providing all reasonable precautions to prevent or mitigate damage have been taken by the Company. The Company shall not be held subsequently responsible for the repair of any damage caused by drill or adhesive in the fixing process.
Liability for payment of buildings or services shall arise on delivery and such payment must be made on official handover.
The Company reserves the right to charge interest on overdue amounts at the rate of 2% above the Bank of England minimum lending rate ruling on the last date on which payment must be made. If payment is not made by such date or if the buyer is in default as regards payment under this contract with the Company, the Company (without prejudice to its other rights) reserves the rights:
- to suspend further work under this contract or a subsequent contract for so long as the default continues;
- to serve notice on the buyer that if sums due under this contract are not paid within 14 days the Company shall be entitled to treat this contract as repudiated or
- to sue for the full cost of the buildings or goods passed to buyer.
- to engage the services of the company’s debt recovery agent and certified bailiffs, having given the client notice of so doing.
After service of the notice described in b) above, or on the occurrence of any of the circumstances described in clause 10 as entitling the Company to treat this contract as repudiated, the buyer shall not sell any goods which are still the property of the Company to third party until all monies due to the Company are paid.
Without prejudice to its other rights, the Company may by notice treat this contract as repudiated if:
- the buyer enters into liquidation whether compulsory or voluntary (except for the purposes of a solvent reconstruction or amalgamation), or
- the buyer becomes insolvent within the meaning of Section 61 (4) Sale of Goods Act 1979 or
- does any other act of bankruptcy as defined by Section 1 Bankruptcy Act 1914 or
- any act which would be an act of bankruptcy if the buyer were an individual, or
- the buyer makes any assignment to, or agreement or composition with his/her creditors, or a receiver of the whole or any Part of the buyer’s undertaking is appointed, or
- a meeting is convened at which a resolution to wind up the buyer will be proposed or on the passing of a resolution or the presentation of a petition to wind up the buyer, or
- on any other event or default of any nature whatsoever which would cause the Company reasonably to consider that its property will remain the property of the Company and shall forthwith be returned to the Company at the buyer’s risk and expense and for the purpose of taking possession of such buildings the buyer hereby grants, to the Company’s representative a licence to enter upon its premises or any other premises where any keys or goods are being held during normal business hours to remove such keys, goods or documents.
Any contract subsisting between the Company and the buyer shall be construed in all respects in accordance with the laws of England and unless otherwise arranged is subject to the jurisdiction of the English Courts.