TERMS AND CONDITIONS OF SALE
- ORDERING CONDITION – Unless otherwise agreed by us in writing, the following terms and conditions of sale shall apply to all sales entered unto by us, and these conditions shall override and supersede any conditions of purchase stipulated by the customer, unless and to the extent that any such conditions of the customer have been specifically agreed in writing by us.
- PRICE – A quotation or estimate does not constitute an offer by the company, and may be altered or withdrawn without notice. Quotations are given in good faith, but the company reserves the right to increase prices, to cover increases in materials or other outgoings, as at the date of delivery. Prices quoted are for the quantities specified and smaller quantities may result in increased prices. Prices given are exclusive of VAT.
- DELIVERY – Unless otherwise specifically agreed, prices do not include delivery charges to the customer.
- STORAGE – If, for any reason, the customer fails to collect goods ordered or fails to notify the company of proper delivery arrangements, and whether the goods have been paid for or not, then the company may store the goods, and the customer shall be liable to pay a reasonable storage charge. The company shall, on giving 10 days notice to the customer, thereafter be entitled to dispose of the goods, either by sale (if they then have any value) or by discarding them and in so doing shall not reduce any liability of the customer to pay for the same (except any proceeds of sale by the company less a reasonable handling fee may be used to reduce outstanding storage charges).
- DESPATCH – Despatch dates are given in good faith and every endeavour will be made to adhere to these. In no circumstances shall the company be liable for any loss arising from the delay in despatch however caused.
- SHORTAGE CLAIMS – Damage in transit or shortages on delivery must be advised within three days of receipt to both the carrier and to ourselves. Non delivery of goods must be advised to us within ten days. The total number of items will be shown on all delivery notes and signature notes.
- DAMAGE CLAIMS
- Claims for damage relating to boxed items which cannot have been examined by the customer at the time of delivery must be subject to a written claim to be received within three days of receipt of the goods by the customer.
- The company’s liability for damage in transit or non-delivery of goods duly notified to it in accordance with the above, shall in any event be limited solely to replacement of the goods within a reasonable time, whether non-delivery or damage is due to the company’s negligence or otherwise. Absolutely no claim will be entertained for alleged damage, lateness or non delivery of goods to a third party made at the request of the customer.
- The liability of the company in respect of any valid claim for negligence (not relating to death or personal injury) or breach of a contractual term, expressed or implied, statutory or otherwise, shall be limited to the rectification of the breach (if capable of remedy) or the refund of a relevant proportion of the price paid by the customer (at the option of the company). In no circumstance will be company be liable for any consequential loss or damage (whether for loss of profit or otherwise) cost, expenses or other claim for consequential compensation whatsoever.
- Notwithstanding the foregoing provisions of this condition, the liability of the company in respect of any claim for loss or damage (not relating to death or personal injury) howsoever resulting from the negligence, error or omission of the company or its employees or agents shall, in respect of any one or series of incidents attributable to the same original cause or source, be limited to, and shall not in any circumstances, exceed the contract price.
- RISK AND TITLE
- Risk of loss or damage to the goods shall pass to the customer at the time of delivery.
- The legal and beneficial ownership of the goods shall not pass to the customer until payment in full of all sums due and owing by the customer to the company in respect of the goods is received, irrespective of disposal to a third party.
- If at the time when legal and beneficial ownership of the goods would otherwise pass to the customer under sub clause (b) of this clause sums are due and owing by the customer to the company otherwise than in respect of the goods then legal and beneficial ownership of the goods shall not pass to the customer under that sub clause until payment in full of all such other sums has been made by the customer
- Until legal and beneficial ownership of the goods shall pass to it the customer shall hold the goods as bailee for the company but shall be at liberty to transfer the legal and beneficial ownership of the goods in the normal course of trading. Pending legal and beneficial ownership passing to the customer, the customer shall keep the goods in good condition and in such manner that these can readily be identified as the property of the company. Proceeds of any sale of the goods shall be paid into a separate bank account opened by the customer.
- The whole of the price for the goods shall not be treated as paid until any cheque, bill of exchange or other instrument of payment given by the customer has been met on presentation or otherwise honoured in accordance with the terms. The company may sue for the whole of the price at any time after it has become payable.
- Payments shall be applied to invoices in the order in which they were issued and to goods in the order in which they are listed in invoices save where the customer shall specify otherwise in writing to the company at the time of payment. In the case of any doubt as to the order in which invoices were issued a certificate by any director of the company as to the order in which they were issued shall be binding on the company and the customer.
- If the customer sells or disposes of the goods in the normal course of trading before the price is paid, the customer shall, subject to subclause (h) of this clause, hold on trust for the company i) if the goods had not been attached to other goods, the whole of the proceeds of the sale or ii) if the goods had attached to other goods, such proportion of the proceeds of the sale of the other goods as represents the cost the customer of the goods supplied by the company attached hereto.
- The trust declared in subclause (g) of the clause shall be void if and to the extent that a trust in the like terms arises by operation of law in favour of the company. The customer hereby irrevocably appoints the company as its attorney for the purpose of perfecting the company’s title to any such proceeds of sale referred to in subclause (g) of this clause.
- The customer hall not: i) pledge the goods or document of title thereto or allow any lien to arise thereon. ii) deal with or dispose of the goods or documents of title thereto or any interest therein otherwise than in the normal course of trading.
- If the customer defaults in the punctual payment of any sum owing to the company then the company shall be entitled to the immediate return of all the goods sold by the company to the customer (or the documents of title thereto) in which the legal and beneficial ownership has not passed to the customer, and the customer hereby authorises the company to recover the goods or documents and to enter any premises of the customer for that purpose. Demand for or recovery of the goods or documents by the company shall not in itself discharge either the customers’ liability to pay the whole of the price and take delivery of the equipment or the company’s right to sue for the whole of the price.
- If any provision or part of the clause should be held un enforceable or in conflict with the law of any jurisdiction any part so held unenforceable or invalid shall be severed from this clause and the enforceability and validity of any other parts or provisions of this clause shall not be affected by such severance.
- PAYMENT – non account customers are required to pay invoices in full before despatch. The company may, upon the provision of satisfactory trade, bank and personal references grant the customer the facility of a credit account. In this case payment is due and shall be paid before the last day of the month following the month of the invoice unless otherwise agreed in writing by the company. Where a settlement discount is shown on the face of the monthly statement the customer may deduct this from his payment provided that payment in full less this discount is received by the due date. Any invoice becoming overdue will render the entire account payable immediately. The company reserves the right to look to the customer for full reimbursement of any legal, bank or court fees and charges reasonable incurred in obtaining full payment for goods or employing another party to obtain such payment.
- Divisibility Clause: This order is divisible. Each delivery made hereunder shall be deemed to arise from a separate order and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect or default in delivery of any other instalment
- CHEQUES – All cheques are accepted on the basis of being paid upon first presentation at the bank on which they are drawn. In the event of any cheque being returned unpaid (whether or not subsequently represented and paid) the company reserve the right to impose an administration fee of £15.00
- RETURNS – The company may at its sole discretion and upon provision of related invoices and delivery notes, accept returns of goods supplied subject to full payment of all carriage charges incurred on delivery outwards and inwards, and subject to a 10% handling charge to cover the cost of restocking the goods. No return of specially ordered or manufactured goods will be accepted under any circumstances. Goods so accepted for return will be credited at the invoiced price, or the prevailing price, whichever is the lower. The company will not recognise or otherwise entertain any debit note or other document unilaterally raised by the customer in respect of goods supplied, or carriage charges levied thereon. Not being a legitimate VAT input or output document, no such document will be recognised or taken into consideration when payment is accepted for goods supplied, only the company’s own credit note being acceptable for that purpose.
- FORCE MAJEURE – The company shall not be liable to the customer for any delay or failure to perform any obligation under the contract if the same is wholly or partly caused, whether directly or indirectly, by circumstance beyond its reasonable control.
- SEVERABILITY – in the event that any of the contract terms shall be determined to be invalid or unenforceable to any extent, such terms shall be severed from the body of such terms, which shall continue to be valid and enforceable to the fullest extent permitted by the governing law.
- INTERPRETATION – any agreement between the company and the customer shall be subject to and governed by the domestic law of England. All sums due are payable to pounds sterling at the company’s trading addresses.
- QUERIES – All invoice queries must be notified within the current month due.
I/We hereby accept the above Terms and Conditions
Position in Company: