Unless otherwise agreed in writing between the company and its customer, the following terms and conditions of sale shall apply to all sales of goods by the company to its customer.
2. Price Variation
Prices applicable to the sale of goods by the company to the customer shall be the prices ruling at the date of despatch. The company therefore reserves the right to amend prices quoted at the date of the placing of an order by the customer by notifying the customer in writing.
The company reserves the right as part of this contract to impose such surcharge or carriage charge as shall be laid down by the company policy at any time, such terms being available for examination at the address of the company shown on the letterhead of its invoices and are deemed to be part of all contracts unless specifically agreed to the contrary in writing by the company. The company has sole choice of method of delivery and of carrier or carriers employed unless specifically agreed in writing to the contrary.
Despatch dates are quoted without engagement although every endeavour will be made to adhere to the date or dates quoted. In no circumstances shall the company be liable for any loss arising from delay in despatch however caused. Time shall not be of the essence in the contract.
5. Damage and Loss in Transit
- The company accepts no liability for any damage to goods in transit unless notified to the company and the carrier concerned within twenty-four hours after delivery.
- In the case of non-delivery the company accepts no liability of any sort unless written notice of non-delivery is given to the company within seven days after the date of the advice of despatch of the goods.
- Paragraphs one and two shall not apply to despatches to countries outside the United Kingdom of Great Britain, Northern Ireland and the Isle of Man. In respect of these countries the company accepts no liability for damage or loss in transit unless the company has contracted to supply the goods c.i.f. and the customer has adhered to the terms of the insurance policy.
- The company’s liability for damage in transit or non-delivery of goods duly notified to it in accordance with the above shall in an 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.
Subject to the provisions of condition 5, all claims for goods alleged to be defective must be made in writing to the company within seven days after the date of delivery. When notification is so received the company may require return of the goods or the goods to be made available for inspection by the company. Should the company be satisfied as to the defects then it retains the option to either replace the defective goods within a reasonable time or credit the customer with the contract price. All defective goods so returned shall be the property of the company. Except as provided above, the company shall have no liability whatsoever arising out of any agreement to sell or sale of goods including claims for direct consequential or other loss, damage or expense, whether arising or alleged to arise under any warranty statement, conditional term expressed or implied statutory or otherwise, or in negligence or alleged negligence on the part of the company or otherwise. In no circumstances shall the company be liable for loss or damage in excess of the contract sale price.
7. Risk and Title
- Risk of loss of 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 seller in respect of the goods is received.
- 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 seller 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 seller but shall be at liberty to transfer the legal and beneficial ownership of the goods at 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 they can readily be identified as the property of the seller. 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 the cheque, bill of exchange or other instrument of payment given by the customer has been met or otherwise honoured in accordance with the terms. The seller 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 seller 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 seller as to the order in which they were issued shall be binding on the Seller 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 the sub-clause (h) of this clause, hold on trust for the seller:
(i) if the goods had not been attached to other goods, the whole of the proceeds of sale
- if the goods had been attached to other goods, such proportion of the proceeds of the sale of the other goods as represents the cost to the customer of the goods supplied by the seller attached thereto.
- The trust declared in sub-clause (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 seller. The customer hereby irrevocably appoints the seller as its attorney for the purpose of perfecting the seller’s title to any such proceeds of sale referred to in sub-clause (g) of the clause.
- The customer shall not:
(i) pledge the goods or documents of the title thereto to allow any lien to arise thereon:
- 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 seller then the seller shall be entitled to the immediate return of all the goods sold by the seller 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 seller or the seller’s representative 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 seller shall not in itself discharge either the customer’s liability to pay the whole of the price and take delivery of the equipment or the seller’s right to sue for the whole of the price.
- If any provision or part of the clause should be held unenforceable 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 is due immediately unless the customer has a credit account with the seller in which case payment is due one month following the date of invoice unless a written agreement has been made between buyer and seller. Where payment in full is not made by the due date the company reserves the right to charge interest at the rate of 1.5% per month from the due date up to the date of receipt of the monies outstanding and also to take legal action to collect payment. If legal action is required the customer shall be liable for all court, collection and legal costs.
Any agreement between the company and the purchaser shall be subject to and governed by the domestic law of England.
In processing your application for credit facilities we may make enquiries of credit reference agencies or other third parties who may record those enquiries. We may also disclose information about the conduct of your account with us to credit reference agencies or other third parties. The information obtained from or provided to credit reference agencies or other third parties may be used when assessing further applications for credit terms, for debt collection, for tracing and for fraud prevention.