|
1. |
GENERAL
These conditions prevail over any conditions
which the purchaser's order may purport to impose and which are at variance with the same. No
modification of these conditions shall be binding upon the Company unless specifically accepted in writing by the
Company. |
| 2. |
TERMS OF PAYMENT |
| |
(a) |
Order for Purchasers without an account are accepted subject
to approval of reference or cash with order. |
| |
(b) |
Unless otherwise stated, accounts are due for payment not later
than the end of the month following the month of despatch. When deliveries are spread over a period each consignment
shall be invoiced when despatched and each month's invoice shall be treated as a separate account and shall be
payable accordingly. |
| |
(c) |
The Company reserves the right to charge interest at 3% over
the base rate of "Barclays Bank PLC" on extended terms of payments/overdue accounts. |
| 3. |
PRICES
The Company reserves the right to vary the
quoted price and goods will be invoiced to the purchaser at the prices ruling at the date of despatch unless otherwise
agreed by the Company in writing. |
| 4. |
GUARANTEE
The Company will replace or credit the purchaser
with the value of any defective goods of its manufacture if the Company is satisfied such defects arose solely
through faulty material or workmanship and such goods are returned carriage paid to it immediately upon discovery
of the defect and in any event not later than twelve months from the date of despatch. The Company shall in no
circumstances be liable for any consequential loss or damage. |
| 5. |
EXCLUSION OF LIABILITY
These conditions are in substitution for and
exclude all and any express and implied statutory or other warranties, guarantees, representations, conditions
and liabilities. |
| 6. |
ACCEPTANCE OF ORDERS
Quotations do not constitute an offer by the
Company to supply to goods and no orders shall be binding unless accepted by the Company in writing. |
| 7. |
DELIVERY DATES
While the Company will do its utmost to keep
to its promised delivery dates they are to be treated as estimates only. The Company accepts no responsibility
for loss or damage resulting from delay in delivery of goods. Delays due to circumstances outside the control of
the Company shall not entitle the purchaser to cancel any order or to refuse to accept delivery. |
| 8. |
DESCRIPTIONS
Every effort is made to ensure that its products
are accurately described by the Company and are fit for the purposes and applications stated on the Company's catalogues
but the Company gives no warranty to this effect and accepts no responsibility for any loss or damage arising from
errors or incorrect descriptions in its catalogues. Manufacturers part numbers are used for guidance. |
| 9. |
DAMAGE OR LOSS IN TRANSIT
Claims for damage or loss in transit must be sent to the Company in writing in sufficient time for the shipper
and insurers to be notified within any stipulated claim time. The Company's liability for loss or damage in transit
shall be limited to the amounts (if any) recovered from the shippers and insurers. |
| 10. |
INTERPRETATION
The contract in all respects is governed by
English Law and the purchaser hereby irrevocably submits to the jurisdiction of the English Courts. |
| 11. |
TITLE TO GOODS |
| |
(a) |
The Goods shall remain the sole and absolute property of the
Seller as legal and equitable owner until the purchase price of the goods comprised in this or any other contract
between the Buyer and the Seller and all other indebtedness of the buyer to the Seller shall have been paid or
satisfied in full (if by cheque then only upon clearance).
The above is an
ALL MONIES clause which means that any goods supplied by us remain our property
until all debts have been paid. |
| |
(b) |
Notwithstanding the foregoing, the Goods shall be at the Purchaser's
risk as soon as they have been delivered. |
| |
(c) |
Notwithstanding any inconsistency (if any) with any other provisions
of these terms and conditions, the Purchaser acknowledges that it has possession of the Goods solely as bailee
for the Seller. |
| |
(d) |
Until such time as property in the Goods passes, the Purchaser
shall keep them free from any charge, lien or other encumbrance and store them in such a way as to make them readily
identifiable as the Seller's goods. The Buyer shall on request inform the Seller of the precise location of each
item of the goods identified where applicable by it's serial number, by supplying the Seller at its expense within
seven days of its request with a written Schedule of the said locations. |
| |
(e) |
The Purchaser's right to possession of the Goods shall cease
if he, not being a company, commits an available act of bankruptcy or if he, being a company, does anything or
fails to do anything which would entitle a receiver to take possession of any assets or which would entitle a person
to present a petition for winding-up. The Buyer shall notify the Seller without delay of any attachment of the
goods or actions by third parties which might infringe the Seller's title of the goods. The Seller may, for the
purpose of recovery of its goods, enter upon any premises where they are stored or where they are reasonably thought
to be stored and may repossess the same. (and the Buyer shall indemnify the Seller against any claims arising from
such repossession shall be without prejudice to the obligation of the Purchaser to purchase the Goods which shall
continue to be at the Purchaser's risk, although the Seller shall have the right, at its option, to determine the
contract without prejudice to any right or claims it may have against the Purchaser. |
| |
(f) |
Until such time as property in the Goods passes, the Purchaser
is licensed by the Seller to agree to sell the Goods to any third party, subject to the express condition that
such an agreement to sell shall take place as agents (save that the Purchaser shall not hold himself out as such)
and bailees of the Seller, whether the Purchaser sells on his own account or not, and that the entire proceeds
thereof are held in trust for the Seller and are not mingled with other all be readily identifiable as the Seller's
monies. If the Purchaser has not received the proceeds of any such sale, it shall, if called upon to do so by the
Seller, assign to the Seller all rights against the person(s) to whom it has supplied the Goods. |
| |
(g) |
The buyer Shall insure the goods against theft or any damage
however caused until the price has been paid for until sale which ever shall occur and the Seller shall be entitled
to call for details of the insurance policy. |
| 12. |
SET OFF |
| |
|
The seller shall be
entitled to set off against liquidated or unliquidated sums
owed by the Buyer to the Seller any amounts that may be
owing to the Buyer by the Seller in any event. |
