Terms and Conditions:
Governing Conditions ...
Save any conditions which govern the contract by law, these conditions alone shall govern the contract, and no other terms which may appear on any document issued by the Buyer, whether on his offer to buy or elsewhere, shall bind the Company unless expressly agreed, in writing, by a Director of the Company. English law shall be the proper law of the contract.
Prices ...
Unless agreed separately and in writing by the Company, the price of the goods shall be the price ruling at the date of despatch. Any published are correct at time of going to press, but may be subject to variation without notice.
Property and Risk ...
- Risk of damage to or loss of the Goods shall pass to the Buyer:
- In the case of Goods to be delivered at the Seller's premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
- In the case of Goods to be delivered otherwise than at the Seller's premises, at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
- Not withstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds, payment in full of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
- Until such time the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller's fiduciary agent and baliee, and shall keep the Goods (at no cost to the Seller) separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller's property but shall be entitled to re-sell or use the Goods in the ordinary course of its business. Until the property in the Goods passes from the Seller, the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.
- Until such time as the property in the Goods passes to the Buyer, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises owned, occupied or controlled by the Buyer or any third party where the Goods are stored and re-posses the Goods. On the making of such request, the rights of the Buyer under clause c) shall cease. e) The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable. f) The Seller shall be entitled to recover the price (plus VAT) of the Goods, notwithstanding that the property in any of the Goods has not passed from the Seller.
Despatch ...
Unless a precise time for despatch has been agreed in writing by the Company, whereby time has been made the essence of the contract, any times for despatch quoted by either party shall be treated as estimates only and the Company shall not be liable for any failure to despatch within those times. In all cases where a time for despatch has been agreed to in writing by the Company, that time shall be extended by a reasonable period if delay is caused by instructions, lack of instructions, by the Buyer, or by any industrial dispute, or other cause whatsoever, beyond the reasonable control of the Company.
Loss or Damage in Transit ...
The Company will accept no liability for loss or damage in transit unless preliminary notice is given to the Company within three days of receipt of the goods by the Buyer and unless a complete statement of claim is received by the Company within thirteen days (or by the first business day after thirteen days if a Public Holiday, or a Sunday intervenes) or receipt of the goods by the Buyer.
Discrepancies ...
Discrepancies must be advised to us in writing within fourteen days of Advice Note date. Claims outside this period cannot be considered. We must also be given the chance to inspect and re-count or re-weigh.
Goods Returned
Any goods returned and accepted by us as defective or not in accordance with your order shall be replaced, but shall not form the subject of a claim for labour or other expenditure. All we ask is that you return it to us in its original packaged condition, including all packaging. Your statutory rights are unaffected by any restrictions contained in our terms and conditions of sale. Further copies are available on request.
Acceptance ...
Acceptance of orders from new accounts shall be provisional only until the Buyer has provided two independent, acceptable, trade references.
Payment ...
Except it be otherwise agreed in writing by the Company, payment of trade accounts shall be made not later than the end of the month following the month shown by the date of the invoice for the goods. In all cases where payment is not made by due date, the Company reserves the right to charge interest, at the rate of 1½% a month or part of a month, on all sums overdue for payment, the amount of interest being payable in full, on demand. The Company also reserves the right in such cases, exercisable with, or in lieu of the foregoing right, to suspend all deliveries of all goods to the Buyer under this and/or any contract, and/or to cancel all or any other contract with the Buyer.
Representations and Warranties ...
The Company's catalogues, price lists, and all descriptions other than directly referable to the contract, are merely indications of the kind of goods supplied by the Company, and no particulars given shall bind the Company unless expressly agreed, in writing by the Company. By accepting these conditions, the Buyer acknowledges that no warranty, condition or representation has been made to him concerning the goods, other than any set out in writing by the Company and necessarily referable to the contract, or as may be imported into the contract by law.
Changes in Printed Matter ...
Every effort is made to prevent printing errors in our price lists, catalogues and Web site. Any errors will be advised at the time of ordering so that we can proceed with the corrected details and prices. Errors and Omissions Excepted.