GOVERNING CONDITIONS

Except 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.

ACCEPTANCE

Acceptance of orders from new accounts shall be provisional only until the Buyer has provided two independent, acceptable, trade references. Credit facilities are only offered at the discretion of a Director.

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. Prices are correct at time of going to press, but may be subject to variation without notice.

PROPERTY & RISK

  1. Risk of damage to, or loss of the Goods shall pass to the Buyer:
    1. In the case of Goods prepared for delivery situated at the Seller’s premises, at the time when the Seller notifies the Buyer that the Goods are available for collection; or
    2. 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, after the seller has tendered delivery.
  2. 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 agreed. The Goods are sold by the Seller to the Buyer for which then payment is due.
  3. 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 bailee. The Goods, at no cost to the Seller, shall be kept separate from those of the Buyer and third parties, properly stored, protected and insured, and identified as the Seller’s property. The Buyer 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. These proceeds shall not be mixed with other money or paid into any overdrawn bank account and shall be, at all times, identified as the Seller’s money.
  4. 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. If the Buyer fails to do so forthwith, the Seller reserves the right to enter any premises owned, occupied or controlled by the Buyer, or any third party where the Goods are stored and re-possess the Goods. On the making of such a request, the rights of the Buyer under clause c) shall cease.
  5. The Buyer shall not be entitled to pledge or charge, by way of security, for any of their indebtedness for Goods which remain the property of the Seller. 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) become due and payable immediately.
  6. Until the property in any of the Goods has passed to the Buyer, the Seller shall be entitled to recover the price (plus VAT) of the Goods.

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. 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 or lack of instructions by the Buyer, by industrial dispute or any 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 seven working days of receipt of the goods by the Buyer and unless a complete written statement of claim is received by the Company within ten working days (excluding Public Holidays).

DISCREPANCIES

Discrepancies must be advised to us in writing within seven working days. 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 the order shall be replaced, but shall not form the subject of a claim for labour or other expenditure. If a product purchased is ordered incorrectly you may return it at our discretion within seven working days. Goods must be returned in their original condition, including the packaging. Handling charges will apply and all original carriage charges will stand.

PAYMENT

Unless otherwise agreed in writing by the Company, payments are due no later than the end of the month following the month of the date of the invoice. In all cases where payment is not made by the due date, the Company reserves the right to charge interest. This is at the rate of 8% above the Bank Base Rate per month or part of a month, on all sums overdue for payment. The amount of interest due is payable, in full, on demand. The Company also reserves the right in such cases, to suspend all deliveries of goods and services to the Buyer under this and/or any contract, and/or to cancel all other contracts with the Buyer.

REPRESENTATIONS & 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, 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 and catalogue. Any errors will be advised at the time of ordering so that we can proceed with the corrected details and prices. Unless otherwise indicated prices are exclusive of VAT @ 20% (subject to government alterations). Errors and Omissions Excepted.