Robinson Contract Services

BCS Page 1

BIOSOLIDS CONDITION OF SALE (“Conditions”)

The customer's attention is drawn in particular to the provisions of clause 5.3 and 8.

Whilst any Contract on these Conditions is made between Yorkshire Water and the Customer, Yorkshire Water has given authority to Robinson Contract Services to perform any required obligations arising, and any queries or complaints should be directed to Robinson Contract Services in the first instance. Goods delivered by Robinson Contract Services are supplied by Yorkshire Water Services Limited

  1. INTERPRETATION

 

1.1            Definitions. In these Conditions, the following definitions apply:

Agent: Robinson Contract Services Limited (registered in England and Wales with company number 04934150) acting on behalf of Yorkshire Water.

Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.

Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 10.5.

Contract: the contract between Yorkshire Water and the Customer for the sale and purchase of the Goods in accordance with these Conditions.

Customer: the person or firm who purchases the Goods.

Force Majeure Event: has the meaning given in clause 9.

Goods: the goods (or any part of them) set out in the Order.

Order: the Customer's order for the Goods, as set out in the Customer's written acceptance of the quotation or Specification.

Specification: any specification for the Goods that is agreed in writing by the Customer and the Agent and including the customer information sheet.

Yorkshire Water: Yorkshire Water Services Limited (registered in England and Wales with company number 02366682) and being the supplier of the Goods.

  1. BASIS OF CONTRACT

2.1            These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose.

2.2            The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Agent and/or Yorkshire Water are complete and accurate.

2.3            The Order shall be deemed to be accepted on the earlier of a) when the Agent issues a written acceptance of the Order; or b) any act by the Agent or Yorkshire Water consistent with fulfilling the Order; at which point the Contract shall come into existence.

2.4            The Contract constitutes the entire agreement between the Customer and Yorkshire Water. The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Yorkshire Water or the Agent which is not set out in the Contract or Specification.

  1. GOODS

3.1            The Goods are described in the Specification.

3.2            Yorkshire Water reserves the right to amend the Specification if required by any applicable statutory or regulatory requirements.

  1. DELIVERY

4.1            The Agent shall ensure that:

(a)            each delivery of the Goods is accurately recorded, and that a record of that delivery which shows the date of the delivery, all relevant Customer and Agent / Yorkshire Water reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and such records will be provided with the relevant invoice, or are available upon request.

4.2            The Agent shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Agent notifies the Customer that the Goods are ready.

4.3            Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.

4.4            Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Neither Yorkshire Water nor the Agent shall be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Agent with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

4.5            If the Customer fails to accept delivery of the Goods within three Business Days of the Agent notifying the Customer that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or Yorkshire Water’s or Agent’s failure to comply with its obligations under the Contract:

(a)            delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which the Customer was notified that the Goods were ready; and

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