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"Christie" - Christie Timber Services Ltd.

"Buyer" - any person, firm or company purchasing or ordering from Christie.

1. These conditions apply to all and any contracts, agreements or transactions between Christie and the Buyer. They prevail over any conditions contained or referred to in any documents of the buyer and any provision to the contrary is hereby excluded.

2. these conditions together with any Christie sales or delivery confirmation or advices and invoices represent the complete agreement between Christie and the Buyer. Save as specifically agreed in writing by the Managing Director, no one is authorised to accept any further liability or obligations on Christie’s behalf and the Buyer must not rely on any other documents or on oral representations.

1. Save as otherwise specifically agreed the price shall be as stated in the invoice sent to the Buyer by Christie or in the case of cash sales in the Sales or Advice Note. Unless otherwise stated, Value Added Tax is not included and will be added to the price.

2. Prices indicated in Christie’s catalogues, price lists and point of sale literature are for guidance only and Christie reserves the right to withdraw or revise such prices at any time.

3. Unless otherwise expressly agreed in writing, Christie reserves the right to revise any agreed prices to take account of fluctuations in exchange rates, increase or imposition of any tax duty or levy and clerical or administration errors or of any increase in Christie’s costs including but not limited to the costs of raw materials, freight, shipment, haulage, labour, fuel, and insurance.

4. Christie quotation operate as invitations to the Buyer to place orders. They are not tenders and are subject to confirmation by Christie upon receipt of the Buyer’s order.

1. Unless otherwise agreed in writing, payment shall be due in full not later than the last day of the month following the month of delivery. If any payment becomes overdue Christie may charge 4% over the Bank of Scotland base rates from the due date until payment.

2. Christie reserves the right to suspend or stop deliveries and to withdraw or restrict credit provisions if any payment becomes overdue or if Christie has reason to believe that the Buyer may be unable or unwilling to pay for the goods.

3. Any sums due and owing to the Buyer from Christie may at any time be offset by Christie against any sums due and owing to Christie from the Buyer.

1. All quantities, Specifications and correspondence with samples shall be subject to reasonable commercial variation and Christie accepts no responsibility for variations falling within this tolerance.

2. Quantities are subject to outturn in respect of imported goods sold prior to landing.

1. Christie may request manufacture machine or treat goods in accordance with the Buyers drawings, designs, sample sections, specifications or instructions.

2. The Buyer accepts full responsibility for the accuracy of the same and indemnifies Christie against all liability arising from Christies compliance with the Buyers drawings, sections, specifications or instructions.

3. The Buyer is responsible for ensuring that any licences, consents or permission required by statute, bye-law or otherwise are obtained.

1. Where the goods are sold on a collect basis, delivery to the Buyer occurs immediately the goods are loaded onto the Buyer’s vehicle save where vehicle is equipped with loading equipment which is to be used to unload the goods whereupon delivery takes place in the instant following unloading.

2. Where Christie agree to deliver the goods, or where the goods are sold on an ex-quay basis or are due to be delivered direct from Christie’s supplier, delivery to the Buyer occurs in the instant prior to unloading save where the delivery vehicle is equipped with loading equipment which is to be used to unload the goods whereupon delivery takes place in the instant following unloading.

3. Christie may deliver the goods in one or more instalments and each instalment shall be treated as if it is a separate contract. Failure by Christie to make any delivery or part delivery shall not entitle the Buyer to reject the balance of the goods.

4. The Buyer must give instructions for delivery in good time to allow them to be carried out upon arrival of the goods. The Buyer is responsible for any costs arising from his failure to give proper instructions or to provide transport as agreed or to unload any craft or vessel within the agreed time.

5. Where goods are to be collected by the buyer or where the buyer elects to delay delivery Christie will store them rent free for a period of fourteen days from the date on which notice to collect is given to the Buyer. Thereafter the Buyer shall pay rent at a reasonable rate (as determined by Christie). In such circumstances risk passes to the Buyer at the expiry of the rent free period.

6. Times and dates quoted for delivery are estimates only and are not binding on Christie.

1. Risk passes to the Buyer on delivery.

2. Where goods are delivered direct to the Buyer by Christie’s supplier, property in the goods passes to Christie’s on delivery to the Buyer.

3. Property in the goods shall not pass to the Buyer until the price has been paid in full. However Christie may at any time transfer property in the goods to the Buyer by notice in writing.

4. Until such time as the price of the goods has been paid the buyer shall store the goods in such a way as to enable them to be identified as the property of Christie and the Buyer hereby irrevocably agrees that representatives of Christie may enter on the Buyers premises with such vehicles and equipment as may be necessary to remove the goods.

1. Christie warrants the goods against defects in materials or workmanship for a period of 6 months from the date of delivery to the Buyer. Christie’s obligations under the warranty are limited to repair, replacement on an exchange basis or refunding the cost of the goods or those parts of the goods which are defective, at Christie’s option.

2. The above warranty is given in lieu of and replaces, excludes and extinguishes all and every condition, warranty term or representation as to quality, fitness for purchase, merchantability, delivery or otherwise which may be implied or imposed by statue, common law, trade, usage or by any other means.

3. Notice of any defect or shortfall must be given to Christie in writing within 3 days of discovery of same and Christie must be given an immediate opportunity to inspect the goods, failing which all claims shall be deemed to be absolutely barred. Christie shall have no liability if bulk is broken pending settlement of any claim or if the goods cannot be clearly identified as goods supplied by Christie.

4. Christie shall not be liable to repair, replace or make good any loss in respect of defects caused by incorrect handling machining, installation, storage, treatment or use by the Buyer or any third party or by normal wear and tear.

1. Save as set out in condition 8, Christie shall have no liability to the Buyer for any damage or losses direct or indirect resulting from defects or any act or default of Christie.

2. Christie shall have no liability for any indirect or consequential losses or expenses, however caused, including but not limited to loss of or damage to anticipated profits, contracts, reputation or goodwill, labour costs or losses or expenses arising from third party claims.

3. Subject to condition 12a) in no circumstances shall Christie’s total liability in contract, tort or otherwise exceed the invoice price of the particular goods giving rise to the liability.

4. If the person who supplies Christie with the goods validly excludes, restricts or limits his liability to Christie then the liability of Christie to the Buyer in respect of those goods shall be correspondingly excluded restricted or limited. Christie will on request supply the buyer with details of any such exclusion restriction or limitation.

5. Where the goods are to be manufactured, machined, treated or installed by Christie, Christie reserves the right to subcontract such operations to a third party in which case they shall be carried out on the standard Terms and Conditions of the third party. Christie will on request obtain for the Buyer a copy of any such Terms and Conditions.

6. All sales of goods to be imported are subject to shipment and safe arrival. Where Christie procures goods from a foreign vendor and the price to Christie is varied or the contract with Christie is cancelled or altered by the vendor (whether lawfully or otherwise) the Buyer may either accept such cancellation or Christie shall have no liability towards the Buyer and the Buyer shall indemnify Christie against any costs or expenses incurred by Christie in procuring or trying to procure the goods for the Buyer.

1. Nothing in these conditions shall be interpreted as excluding or restriction Christie’s liability for death or personal injury.

2. To the extent that any condition herein would by virtue of the Unfair Contract terms Act 1977 be of no effect against a person dealing as a consumer, that condition shall not apply to a person so dealing.

1. Save as set out below, these conditions and all agreements between Christie and the Buyer shall be governed by and constructed in accordance with Scottish Law and any disputes shall be subject to the exclusive jurisdiction of the Scottish Courts.

2. Where the Buyer’s usual place of business or central place of management is in England, these conditions and all agreements between Christie and the Buyer shall be governed by and constructed in accordance with the Laws of England and any disputes shall be subject to the exclusive jurisdiction of the English Courts.