The Benbow Group Ltd. Standard Conditions of Purchase:
1: A delivery advice must be sent with the goods, for our retention, and a copy posted to this address if the delivery address is different.
2:Invoices must be received by the 5th day of the month following delivery, otherwise payment may be delayed but no discount will be forfeited. If any invoice is held due to delayed receipt, a query or dispute through no fault of our own we reserve the right to deduct any percent discount applicable on the original due date. Payment will be made at the end of the month following the month of invoice.
3:We reserve the right to cancel the order or any unexecuted part of it, without prejudice to our right of action for breach of contract, if delivery is not made by the agreed time. Furthermore, by notice to the supplier, we reserve the right to take such action as may be necessary to limit our liabilities in contract, should delivered goods be found to be of sub-standard specification upon either their receipt or incorporation into the works. Time being of the essence of this contract. Under this clause should it be necessary for us to re-order goods on the open market or incur costs in rectification, we shall debit you with such costs. You will re-imburse us with any loss resulting or any costs incurred as a result of non completion, late delivery and or rectification.
4:Deliveries to our address are to be carriage paid unless otherwise agreed.
5:All patterns and drawings provided by us will remain our property and must be returned on request.
6:All goods are to be delivered in perfect condition, to our satisfaction, and any goods delivered in a damaged condition shall be replaced immediately by the Supplier without extra charge, complying with the requirements stated in the order. The Supplier is responsible for ensuring that the type of packing containers or materials used properly protects the goods, and complies in all respect with Railway and/or Carriers conditions. No charge will be accepted for any type of packing unless otherwise agreed in writing, but if required this will be returned carriage forward.
7: Inspection of goods supplied under the order by any representative of the contract employer and/or Buyer shall not relieve the Supplier of the responsibility from making good defects that may subsequently be revealed.
8: Where a specific quantity is stated on the order, it is not to be exceeded without written authority from this office. All goods supplied are to be invoiced at the rates or prices stated on the order and no variation shall be permitted, unless stated to the contrary on the order.
9: No order issued by the Buyer or any variation or amendment thereto shall be regarded as authentic and binding upon this company unless it is made in writing and signed by a Director, Company Secretary or duly authorised member of the purchasing department. Verbal orders will not be recognised.
10: The terms and conditions set out herein, to the exclusion of all others, shall govern the contracts between the Supplier named on the order and the Buyer, and the execution of this order or any part thereof by the Supplier shall be deemed to be an acceptance of, and willingness to comply with all terms and conditions contained herein. No conditions appended to supplier acknowledgement shall vitiate these conditions.
11: The Buyer shall be entitled to set off any credits due from the supplier, and any claim for loss resulting, or expense incurred by the Buyer, by reason of any breach of or failure to observe these conditions or otherwise by the Supplier.
12:Where this order relates to sub-contract work, the following conditions shall also apply.
12.1.1.: The Sub-Contractor shall be liable for and shall indemnify The Benbow Group Ltd. against any expense, liability, loss, claim or proceedings whatsoever arising under any statute or at common law in respect of personal injury to or death of any person whomsoever arising out of or in the course of or caused by the carrying out of the Sub-Contract Works, except to the extent that the same is due to any act of neglect of The Benbow Group Ltd. or of any person for whom it is responsible. Without prejudice to his liability to indemnify The Benbow Group Ltd. the Sub-Contractor shall take out and maintain and shall cause any of its sub-contractors to take out and maintain insurance which, in respect of liability to employees or apprentices, shall comply with the Employer’s Liability (Compulsory Insurance) Act 1969 and any statutory orders made thereunder or any amendment or re-enactment thereof and, in respect of any other liability for personal injury or death, shall be such as is necessary to cover the liability of the Sub-Contractor or, as the case may be, of such Sub/Sub-Contractor.
12.1.2. The Sub-Contractor shall be liable for, and shall indemnify The Benbow Group Ltd. against, any expense, liability, loss, claim or proceedings in respect of any injury or damage whatsoever to any property real or personal (other than injury or damage to the Works) insofar as such injury or damage arises out of or in the course of or by reason of the carrying out of the Sub-Contract Works and to the extent that the same is due to any negligence, breach of statutory duty, omission or default of the Sub-Contractor, his servants or agents, or of any person employed or engaged by the Sub-Contractor upon or in connection with the Sub-Contract Works or any part thereof, his servants or agents. Without prejudice to his obligation to indemnify The Benbow Group Ltd. the Sub-Contractor shall take out and maintain and shall cause any Sub/Sub-Contractor to take out and maintain insurance in respect of the liability referred to above in respect of injury or damage to any property real or personal other than the Sub-Contract Works which shall be for an amount not less than the sum stated below for any one occurrence or series of occurrences arising out of one event:
Insurance cover referred to above to be not less than £5 million.
12.2.1. All payments made to the sub-contractor shall be subject to 5% retention up to the date of the issue of a Certificiate of Practical Completion for the main contract, after which the retention shall be reduced to 2.5%.
12.2.2. The final 2.5% retention will be paid after the issue of a Certificate of Making Good Defects for the main contract.
12.2.3. The sub-contractor shall at its own expense rectify any defects notified during the defects liability period of the main contract. Should the sub-contractor fail to rectify any defects within 30 days of notification, or to the satisfaction of the Buyer, then upon notice, the Buyer may employ others to rectify such defect and recover the costs as a debt from the sub-contractor.
12.3. In the event that the Main Contract is determined for reasons beyond our control, this sub-contract shall automatically be determined.