1. All sales contracts of Fred R Powell & Son Ltd (hereinafter called “the Company”) shall be deemed to include these conditions except insofar as varied in writing between the parties. 2. If the buyer’s order should exclude all or part of these conditions then such a clause shall not have any effect unless the buyer shall have obtained the Company’s written agreement to vary these conditions. a. While the Company will do its best to comply with any requirements notified by the buyer, the responsibility for ensuring that the goods are suitable for the buyer’s purpose and meet the buyer’s requirements is the buyer’s. b. No warranty, condition, description or representation given or made before the Company's acceptance of order is to be treated as a term of the contract or as inducing it unless expressly incorporated in the contract documents. 3. The price payable by the buyer shall be the Company's ruling prices at date of despatch of each delivery. Payment is due by the end of the month following the month of despatch. Overdue accounts carry interest at the rate from time to time prescribed pursuant to Section 69 of the County Court Act 1984 and Section 35a of the Supreme Court Act 1981 or any other amending or substituting legislation. There is a minimum order value of £10 before VAT and any order under this amount will be made up to £10. 4. The Company shall not be liable for delay in delivery or failure to Make delivery of any goods due to circumstances beyond its control, including but without prejudice to the generality of the foregoing war, rebellion, revolution, strikes, lockouts, breakdown of plant or governmental or other laws, regulations, rules or decrees. 5. In no circumstances will the Company be responsible for loss or damage beyond that expressly referred to in this clause (other than liability for death or personal injury resulting from negligence on the part of the Company and in particular liability for any form of consequential loss is excluded). 6. Risk in respect of goods shall pass to the buyer on delivery. When goods are delivered by the Company's own transport, delivery shall be deemed to take place at the moment the goods are lifted from the delivery vehicle. When goods are delivered by other means of transport, delivery shall be deemed to take place when the goods are loaded onto the road or rail vehicle used unless specifically agreed otherwise in writing. The ownership of the material to be delivered by the Company will only be transferred to the buyer when he has met all that is owing to the Company. Where some of the goods supplied by the Company have been paid for and some have not, the Company shall be entitled to assume that any goods disposed of are those that have been paid for, and that any goods remaining are those for which payment has not been made. Until the date of payment the buyer, if the Company so desires, is required to store this material in such a way that it is clearly the property of the Company. 7. The buyer has the right to sell the goods before all outstanding liabilities between the buyer and the Company have been paid. Unless ownership has been transferred, the buyer shall not and shall have no power to mortgage, charge, or otherwise encumber the goods or dispose of them (otherwise than by re-sale or usage in the ordinary course of the buyer’s business) without the Company's prior written consent. 8. If at any time whilst any monies are due from the buyer to the Company (howsoever the same shall have arisen) the buyer shall deal with the goods in any manner (save by re-sale or usage in the ordinary course of the buyer’s business) adverse to the Company's title or (being an individual) shall have a receiving order made against him or be made bankrupt or (being a company) shall enter into liquidation or have appointed a receiver or if any goods in the possession of the buyer (whether the Company's goods or not) are seized under any execution or distress or any other form of legal process, or if the buyer shall fail to pay the Company in full for the goods (or any other goods previously supplied by the Company) within 48 hours of service of formal written demand for payment then thereupon the buyer shall cease to be in possession of the goods with the Company's consent and its representative(s) shall be entitled to enter upon the premises of any buyer and to remove such goods and shall not be liable for any damage or injury reasonably done to any other property of the buyer or in the buyer’s possession during such removal and retaking of possession. 9. The Company cannot accept liability for non-delivery, discrepancy in weight or damage unless notification thereof in writing is received by the Company within 14 days from the date of despatch. 10. Return of goods: The Company cannot accept the return of goods unless such goods are returned in substantially the same condition in which they were supplied and the company has supplied in writing an agreement for the said goods to be returned. A handling charge of 15% will be made on all goods returned in good condition. 11. The Company shall be deemed to have fulfilled its contract if the goods delivered are within a tolerance of 10% above or below the quantity ordered. 12. The buyer shall not be entitled to withhold payment of any sums due to the Company by reason of any disputed claim of the buyer for defective goods or alleged breach of contract by the Company. 13. Without prejudice to any of its other rights the Company may terminate the contract or suspend further deliveries to the buyer in the event of the buyer failing to make due payment for any goods or if any distress execution or other legal process shall be levied upon the buyer or if the buyer becomes insolvent or being body corporate has passed a Resolution for Voluntary winding –up or is subject to a winding up order of the court or has had a receiver appointed.

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