Terms of Sale (Business)

These terms apply to business and trade customers. Consumers: please see our Terms of Sale.

These Terms of Sale govern the sale of goods by G E R CONSTRUCTION LTD (company number 08161487, VAT GB 157 695 070), 1 Kings Avenue, London, N21 3NA, to business customers.

These terms apply to business customers only and exclude the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013. They are the entire agreement between us.

Prices to business customers may be shown exclusive of VAT; VAT is added at the prevailing rate.

All goods are subject to availability. Prices are those in force when we accept your order and may change before then. Any quotation we give is valid for 30 days unless we state otherwise and is an invitation to treat, not an offer. We may correct any genuine error in a price or description before the contract is formed.

Each order you place is an offer to buy goods on these terms, which we may accept or decline at our discretion. A binding contract is formed only when we confirm acceptance of your order or despatch the goods, whichever happens first. These terms apply to the contract to the exclusion of any terms you seek to impose.

Unless we have agreed a credit account with you, payment is due in full before despatch. Where we have agreed a credit account, payment is due within the terms stated on your account (for example 30 days from the date of invoice), and we may withdraw or vary credit at any time. Time for payment is of the essence. You must pay in full without any set-off, deduction or withholding. If you do not pay on time we may charge interest and compensation on the overdue amount under the Late Payment of Commercial Debts (Interest) Act 1998 (interest at 8% above the Bank of England base rate) and may suspend further deliveries until payment is received.

Any delivery or collection dates are estimates only and time is not of the essence. Risk in the goods passes to you on delivery to your address, or when you or your carrier collect them. Ownership of the goods does not pass to you until we have received payment in full for them and any other sums you owe us; until then you must store them separately and identifiably as our property, and we may recover them. Claims for non-delivery must be made within 7 days of the invoice date, and claims for shortages or damage within 3 working days of delivery.

Goods are sold subject to the Sale of Goods Act 1979. Please inspect all goods on delivery. Claims for non-delivery must be made within 7 days of the invoice date, and claims for shortages or damaged goods within 3 working days of delivery. Because the conditions of use are beyond our control, no warranty is given or implied as to the suitability of the goods for any particular purpose.

Returns are accepted at our discretion. Goods accepted for return must be unused, in their original packaging and in a re-sellable condition, and the return must be requested within 30 days of delivery. A 15% restocking charge applies to all returns and you are responsible for return carriage. No restocking charge applies to goods that are faulty or that we supplied incorrectly, which we will repair, replace or refund. See our Refund Policy.

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything that cannot lawfully be limited. Subject to that, our total liability to you arising under or in connection with a contract — whether in contract, tort (including negligence), breach of statutory duty or otherwise — is limited to the price paid for the goods to which the claim relates. We are not liable for any loss of profit, sales, business, revenue, goodwill or anticipated savings, or for any indirect or consequential loss. Except as expressly set out in these terms, and to the fullest extent permitted by law, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are excluded.

We are not liable for any failure or delay in performing our obligations where it results from events beyond our reasonable control — for example strikes, failures of suppliers, transport or utilities, fire, flood, extreme weather, or acts of government. If such an event occurs we will let you know, and the affected obligations are suspended for the duration of the event.

See our Privacy Policy.

The exclusive jurisdiction of the courts of England and Wales.