{"id":3096,"date":"2019-07-31T10:57:49","date_gmt":"2019-07-31T09:57:49","guid":{"rendered":"https:\/\/sumo180346.e.wpstage.net\/?page_id=3096"},"modified":"2022-05-19T13:02:28","modified_gmt":"2022-05-19T12:02:28","slug":"terms-of-purchase","status":"publish","type":"page","link":"https:\/\/www.sumo1.com\/terms-of-purchase\/","title":{"rendered":"SUMO UK LIMITED \u2013 CONDITIONS OF PURCHASE"},"content":{"rendered":"

1.0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Interpretation<\/u><\/strong><\/p>\n

1.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In these Conditions:<\/p>\n

\u201cBUYER\u201d means SUMO UK Limited whose registered office is Redgates, Melbourne, York, YO42 4RG (registered in England under number 03272544)<\/p>\n

\u201cCONDITIONS\u201d means the standard terms and conditions of purchase set out in this document and includes any special terms and conditions agreed in Writing between the Buyer and the Seller<\/p>\n

\u201cCONTRACT\u201d means the contract for the sale and purchase of the Goods and the supply and acquisition of the Services<\/p>\n

\u201cDELIVERY ADDRESS\u201d means the address stated on the Order<\/p>\n

\u201cGOODS\u201d means the goods (including any instalment of the goods or any part of them) described in the Order<\/p>\n

\u201cORDER\u201d means the Buyer\u2019s purchase order to which these Conditions are annexed \u201cPRICE\u201d means the price of the Goods and\/or the charge for the Services<\/p>\n

\u201cSELLER\u201d means the person so described in the Order \u201cSERVICES\u201d means the services (if any) described in the Order<\/p>\n

\u201cSPECIFICATION\u201d includes any plans, drawings, data or other information relating to the Goods or Services<\/p>\n

\u201cWRITING\u201d includes e-mail, post, facsimile transmission and comparable means of communication.<\/p>\n

1.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.<\/p>\n

1.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The headings in these Conditions are for convenience only and shall not affect their interpretation.<\/p>\n

\u00a0<\/u><\/strong><\/p>\n

2.0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Basis of Purchase<\/u><\/strong><\/p>\n

2.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Order constitutes an offer by the Buyer to purchase the Goods and\/or acquire the Services subject to these Conditions.<\/p>\n

2.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 These Conditions shall apply to the Contract to the exclusion of any other terms and conditions on which any quotation has been given to the Buyer or subject to which the Order is accepted or purported to be accepted by the Seller.<\/p>\n

2.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 No variation to the Order or these Conditions shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.<\/p>\n

\u00a0<\/u><\/strong><\/p>\n

3.0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Specifications<\/u><\/strong><\/p>\n

3.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The quantity, quality and description of the Goods and the Services shall, subject as provided in these Conditions, be as specified in the Order and\/or in any applicable specification supplied by the Buyer to the Seller or agreed in Writing by the Buyer.<\/p>\n

3.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Any Specification supplied by the Buyer to the Seller, or specifically produced by the Seller for the Buyer, in connection with the Contract,\u00a0 together with\u00a0 the copyright,\u00a0 design rights or any other intellectual property rights in the Specification, shall be the exclusive property of the Buyer. The Seller shall not disclose to any third party or use any such Specification except to the extent that it is or becomes public knowledge through no fault of\u00a0 the Seller, or as required for the purpose of the Contract.<\/p>\n

3.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Seller shall comply with all applicable regulations or other legal requirements concerning the manufacture, packaging, packing and delivery of the Goods and the performance of the Services.<\/p>\n

3.4\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Seller shall not unreasonably refuse any request by the Buyer to inspect and test the Goods during manufacture, processing or storage at the premises of the Seller or<\/p>\n

any third party prior to despatch, and the Seller shall provide the Buyer with all facilities reasonably required for inspection and testing. No inspection or test carried out by the Buyer shall relieve the Seller of its responsibilities under or in relation to the Contract.<\/p>\n

3.5\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If as a result of inspection or testing the Buyer is not satisfied that the Goods will comply in all respects with the Contract, and the Buyer so informs the Seller within 7 days of inspection or testing, the Seller shall take such steps as are necessary to ensure compliance.<\/p>\n

3.6\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Goods shall be marked in accordance with the Buyer\u2019s instructions and any applicable regulations or requirements of the carrier, and properly packed and secured so as to reach their destination in an undamaged condition in the ordinary course.<\/p>\n

 <\/p>\n

4.0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Price of the Goods and Services<\/u><\/strong><\/p>\n

4.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Price of the Goods and the Services shall be as stated in the Order and, unless otherwise so stated, shall be:<\/p>\n

4.1.1\u00a0\u00a0\u00a0\u00a0 exclusive of any applicable value added tax (which shall be payable by the Buyer subject to receipt of a VAT invoice); and<\/p>\n

4.1.2\u00a0\u00a0\u00a0\u00a0 inclusive of all charges for packaging, packing, shipping, carriage, insurance and delivery of the Goods to the Delivery Address and any duties, imposts, levies other than value added tax.<\/p>\n

4.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 No increase in the Price may be made (whether on account of increase material, labour or transport costs, fluctuation in rates of exchange or otherwise) without the prior consent of the Buyer in Writing.<\/p>\n

4.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Buyer shall be entitled to any discount for prompt payment, bulk purchase or volume of purchase customarily granted by the Seller, whether or not shown on its own terms and conditions of sale.<\/p>\n

 <\/p>\n

5.0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Terms of Payment<\/u><\/strong><\/p>\n

5.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Seller shall be entitled to invoice the Buyer on or at any time after delivery of the Goods or performance of the Services, as the case may be, and each invoice shall quote the number of the Order.<\/p>\n

5.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Unless otherwise stated in the Order, the Buyer shall pay the Price of the Goods and the Services within 60 days from the date of receipt by the Buyer of a proper invoice or, if later, after acceptance of the Goods or Services in question by the Buyer.<\/p>\n

5.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Buyer shall be entitled to set off against the Price any sums owed to the Buyer by the Seller.<\/p>\n

 <\/p>\n

6.0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Delivery<\/u><\/strong><\/p>\n

6.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Goods shall be delivered to, and the Services shall be performed at, the Delivery Address on the date or within the period stated in the Order, in either case during the Buyer\u2019s usual business hours.<\/p>\n

6.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Where the date of delivery of the Goods or of performance of the Services is to be specified after the placing of Order, the Seller shall give the Buyer reasonable notice of the specified date.<\/p>\n

6.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The time of delivery of the Goods and of performance of the Services is of the essence of the Contract.<\/p>\n

6.4\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 A packing note quoting the number of the Order must accompany each delivery or consignment of the Goods and must be displayed prominently.<\/p>\n

6.5\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If the Goods are to be delivered, or the Services are to be performed, by instalments, the Contract will be treated as a single contract and not severable.<\/p>\n

6.6\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Buyer shall be entitled to reject any Goods delivered which are not in\u00a0 accordance\u00a0 with the Contract, and shall not be deemed to have accepted any Goods until the Buyer has had a reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent defect in the Goods has become apparent.<\/p>\n

6.7\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Seller shall supply the Buyer in good time with any instructions or other information required to enable the Buyer to accept delivery of the Goods and performance of the Services.<\/p>\n

6.8\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Buyer shall not be obliged to return to the Seller any packaging or packing materials for the Goods, whether or not any Goods are accepted by the Buyer.<\/p>\n

 <\/p>\n

7.0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Risk and Property<\/u><\/strong><\/p>\n

7.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery to the Buyer in accordance with the Contract.<\/p>\n

7.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The property in the Goods shall pass to the Buyer upon delivery, unless payment for the Goods is made prior to delivery, when it shall pass to the Buyer once payment has been made and the Goods have been appropriated to the Contract.<\/p>\n

8.0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Warranties and Liability<\/p>\n

8.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Seller warrants and represents to the Buyer that the Goods:<\/p>\n

8.1.1\u00a0\u00a0\u00a0\u00a0 will be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for purpose;<\/p>\n

8.1.2\u00a0\u00a0\u00a0\u00a0 will be free from defects in design, material and workmanship;<\/p>\n

8.1.3\u00a0\u00a0\u00a0\u00a0 will correspond with any relevant Specification or sample; and<\/p>\n

8.1.4\u00a0\u00a0\u00a0\u00a0 will comply with all statutory requirements and regulations relating to the sale of the Goods.<\/p>\n

8.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Seller warrants to the Buyer that the Services will be performed by appropriately qualified and trained personnel, with due care and diligence and to such high standard of quality as it is reasonable for the Buyer to expect in all the circumstances.<\/p>\n

8.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Without prejudice to any other remedy, if any Goods or Services are not supplied or performed in accordance with the Contract, then the Buyer shall be entitled:<\/p>\n

8.3.1\u00a0\u00a0\u00a0\u00a0 to require the Seller to repair the Goods or to supply replacement Goods or Services in accordance with the Contract within 7 days; or<\/p>\n

8.3.2\u00a0\u00a0\u00a0\u00a0 at the Buyer\u2019s sole option, and whether or not the Buyer has previously required the Seller to repair the Goods or to supply any replacement Goods or Services, to treat the Contract as discharged by the Seller\u2019s breach and require the repayment of any part of the Price which has been paid.<\/p>\n

8.4\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Seller shall indemnify the Buyer in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by the Buyer as a result of or in connection with:<\/p>\n

8.4.1\u00a0\u00a0\u00a0\u00a0 breach of any warranty by the Seller for a period of 24 months from receipt of goods in relation to the Goods or Services;<\/p>\n

8.4.2\u00a0\u00a0\u00a0\u00a0 any claim that the Goods infringe, or their importation, use or resale, infringes, the patent, copyright, design right, trade mark or other intellectual property rights of any other person, except to the\u00a0 extent that the claim arises from compliance with any Specification supplied by the Buyer;<\/p>\n

8.4.3\u00a0\u00a0\u00a0\u00a0 any liability under the Consumer Protection Act 1987 in respect of the Goods;<\/p>\n

8.4.4\u00a0\u00a0\u00a0\u00a0 any act or omission of the Seller or its employees, agents or sub- contractors in supplying, delivering and installing the Goods; and<\/p>\n

8.4.5\u00a0\u00a0\u00a0\u00a0 any act or omission of any of the Seller\u2019s personnel in connection with the performance of the Services.<\/p>\n

8.5\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Seller agrees and undertakes to the Buyer that it shall immediately on demand enter into the standard form of collateral warranty from time to time of the Seller in\u00a0 favour of any customer or any other third party to whom the Buyer supplies any Goods or who will ultimately be an end user of the Goods. If the Seller fails to enter into such warranty, then the Buyer is hereby irrevocably authorised to sign such warranty for and on behalf of the Seller.<\/p>\n

 <\/p>\n

9.0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Termination<\/u><\/strong><\/p>\n

9.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Buyer shall be entitled to cancel the Order in respect of all or part only of the Goods and\/or the Services by giving notice to the Seller at any time prior to delivery or performance, in which event the Buyer\u2019s sole liability shall be to pay\u00a0 to\u00a0 the Seller\u00a0 the Price for the Goods or Services in respect of which the Buyer has exercised its right of cancellation, less the Seller\u2019s net saving of cost arising from cancellation.<\/p>\n

9.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Buyer shall be entitled to terminate the Contract without liability to the Seller by giving notice to the Seller at any time if:-<\/p>\n

9.2.1\u00a0\u00a0\u00a0\u00a0 the Seller makes any voluntary arrangement with its creditors (within the meaning of the Insolvency Act 1986) or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction); or<\/p>\n

9.2.2\u00a0\u00a0\u00a0\u00a0 an encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Seller; or<\/p>\n

9.2.3\u00a0\u00a0\u00a0\u00a0 the Seller ceases, or threatens to cease, to carry on business; or<\/p>\n

9.2.4\u00a0\u00a0\u00a0\u00a0 the Buyer reasonably apprehends that any of the events mentioned above is about to occur in relation to the Seller and notifies the Seller accordingly.<\/p>\n

9.3\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Buyer shall be entitled to suspend any Services or work or the provision of any Goods at any time by giving written notice to the Seller. The Seller shall recommence any relevant supply upon receiving further written notice from the Buyer.<\/p>\n

9.4\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Buyer shall be entitled to terminate the Contract without liability to the Seller by giving written notice to the Seller if at any time the Seller is in breach of any provision of the Contract.<\/p>\n

 <\/p>\n

10.0\u00a0\u00a0\u00a0\u00a0 Supplementary Terms and Conditions in relation to Sub-Contracts<\/strong><\/p>\n

10.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In addition to the other terms and conditions set out in this document, the terms and conditions set out in this clause 10 shall also apply where the Seller is a sub-contractor of the Buyer.<\/p>\n

10.2\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Seller shall be deemed to have notice of all of the terms and conditions of\u00a0 any contract entered into between the Buyer and its customer (\u201cthe Main Contract\u201d). Accordingly, the Main Contract shall be deemed to be incorporated into the Contract between the Seller and the Buyer. The Buyer shall provide the Seller with a copy of the\u00a0 Main Contract, other than the details of prices and any other confidential information,\u00a0 upon written request from the Seller.<\/p>\n

10.3\u00a0\u00a0\u00a0\u00a0 The Seller shall indemnify the Buyer against each and every liability which the Buyer may suffer or incur to any person whatsoever and against all claims,\u00a0 demands,\u00a0 proceedings, damages, compensation, costs and expenses by reason of any breach by the Seller of the Contract.<\/p>\n

10.4\u00a0\u00a0\u00a0\u00a0 The Seller shall complete the provision of all Goods and Services within the time stipulated in the Order or (as the case may be) the Main Contract. Time shall be of the essence of the completion of the provision of any relevant Goods or Services.<\/p>\n

10.5\u00a0\u00a0\u00a0\u00a0 The Seller shall take out and maintain such insurances and provide evidence of such insurances as the Buyer shall require or (as the case may be) are required under the provisions of the Main Contract.<\/p>\n

10.6\u00a0\u00a0\u00a0\u00a0 The Seller shall, at all times, comply with all health and safety rules,\u00a0 regulations, statutes and requirements of any nature whatsoever and shall indemnify the Buyer against any liability which the Buyer may suffer or incur as a result of any breach of this clause.<\/p>\n

10.7\u00a0\u00a0\u00a0\u00a0 The Seller shall obtain all information and details from the site sufficiently in advance of the commencement of work to ensure that it is in a position to comply with the programme of works. Where the Seller is working to finished levels, it is responsible for the accuracy of such levels and it must satisfy itself before commencing work as to the suitability of the sub-floors or any other surface to which anything is to be fixed or applied. The Seller shall supply a fully dimensioned drawing showing all holes, chases, fixing plugs, cut-outs or any structural alterations required to receive any relevant items of the Seller and this drawing shall be delivered to the Buyer before the commencement of the work for approval.<\/p>\n

10.8\u00a0\u00a0\u00a0\u00a0 The Seller shall be deemed to have notice of all conditions of any nature whatsoever at the site and shall, accordingly, ensure that it makes any relevant inspections and visits prior to the commencement of any work. The\u00a0 Seller shall indemnify the\u00a0 Buyer against any adverse site conditions of any nature.<\/p>\n

10.9\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Notwithstanding any other provision of the Contract, the Seller agrees and undertakes as follows:-<\/p>\n

(i)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to indemnify the Buyer and to ensure adequately against all employer\u2019s liability and third party risks;<\/p>\n

(ii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to provide all labour, plant, materials, tools, tackle, equipment, services and anything else necessary to complete the provision of the Goods and Services to engage and at all times be responsible for the supervision and control of its own labour;<\/p>\n

(iii)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to pay rates of wages and observe hours of labour and all other applicable conditions in accordance with the National Joint Council Agreement for the building industry;<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to ensure safe, adequate and correct working practices and equipment and to be responsible for the safe construction, erection and fixing of all guards, protective devices, aids to access, platforms, temporary structures and the like which are necessary for carrying out any relevant work;<\/p>\n

(iv)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to complete and leave all work in a clean and tidy condition as required by the Buyer\u2019s site staff and on completion to clear away and satisfactorily dispose of all surpluses and deposits of rubbish;<\/p>\n

(vi)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 to send a responsible and properly authorised representative to the Buyer\u2019s head office or site meetings as required by the Buyer.<\/p>\n

10.10\u00a0\u00a0\u00a0 In the event that a customer under the main contract becomes insolvent or is otherwise unable to pay his debts, no payment will be made to the Seller unless or until the Buyer has received payment in full under the main contract.<\/p>\n

 <\/p>\n

11.0\u00a0\u00a0\u00a0\u00a0 General<\/strong><\/p>\n

11.1\u00a0\u00a0\u00a0\u00a0 The Order is personal to the Seller and the Seller shall not assign or transfer or purport to assign or transfer to any other person any of its rights or sub-contract any of its obligations under the Contract unless prior permission is given in writing.<\/p>\n

11.2\u00a0\u00a0\u00a0\u00a0 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.<\/p>\n

11.3\u00a0\u00a0\u00a0\u00a0 No waiver by the Buyer of any breach of the Contract by the Seller shall be considered as a waiver of any subsequent breach of the same or any other provision.<\/p>\n

11.4\u00a0\u00a0\u00a0\u00a0 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.<\/p>\n

11.5\u00a0\u00a0\u00a0\u00a0 The Contract shall be governed by the laws of England, and the Seller agrees to submit to the non-exclusive jurisdiction of the English courts.<\/p>\n","protected":false},"excerpt":{"rendered":"

1.0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Interpretation 1.1\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 In these Conditions: \u201cBUYER\u201d means SUMO UK Limited whose registered office is Redgates, Melbourne, York, YO42 4RG (registered in England under number 03272544) \u201cCONDITIONS\u201d means the standard terms and conditions of purchase set out in this document and includes any special terms and conditions agreed in Writing between the Buyer and the […]<\/p>\n","protected":false},"author":17,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"acf":[],"yoast_head":"\nSumo UK<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.sumo1.com\/terms-of-purchase\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"SUMO UK LIMITED \u2013 CONDITIONS OF PURCHASE - 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