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.
Price applicable to the sales of goods by the Company to the Customer shall be the price ruling at the date of order. The Company therefore reserves the right to amend prices quoted prior to an order being placed, unless the order is covered by a written quotation/agreement and the order date falls within the terms of this written quotation/agreement.
Dispatch dates are quoted without engagement, although every effort 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 dispatch, however caused.
The Company accepts no liability for any damage to goods delivered, unless notified to the Company within 48 hours of delivery.
In the event of goods being incorrectly ordered or delivered, the Company accepts no liability for damage caused by the misuse of said goods.
Subject to the provision of condition 4, all claims for goods alleged to be defective must be made in writing to the Company within 7 days after the date of delivery. When notification is so received, the Company may require return of the goods or for 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 to the Customer within 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.
Passing of Property:
Each of the following sub-clauses are separate and severable and shall be enforceable accordingly:
Notwithstanding delivery, all goods supplied by the Company will remain the Company’s absolute property until the Customer pays in full for them and for all other goods previously supplied by the Company;
The Customer will store the goods in such a way that they are readily identifiable as the Company’s property;
Upon any use of the goods, either alone or with other items, all rights will remain with the Company;
The Company shall be entitled, immediately after giving notice of our intention to repossess, to enter upon any premises with such transport as may be necessary and repossess any goods to which the Company has title under this clause;
If the Customer incorporates the goods supplied by the Company into other products with or without materials the Customer already possesses or which are supplied by third parties, the property in such other product will pass to the Company and the Customer shall store them without charge on our behalf as bailee;
The Customer shall not be entitled to pledge or in any way charge by way of security any of the goods which remain property of the Company, but in the event that that the Customer does so, all monies owing by the Customer to the Company shall, without prejudice to any other right or remedy available to the Company forthwith, become due and payable.
For the purpose of this clause, the due date shall mean the due date specified on the face of the Company’s invoice. If the Customer does not comply punctually with these terms of payment, the Company reserves the right to charge the Customer interest on any amount overdue at the rate of 1% per month from the invoice due date to the date of receipt of the monies outstanding, and without notice to suspend further deliveries of goods until all arrears (including interest) have been paid. Where a settlement discount is shown on the face of the Company’s invoice, the Customer may deduct this from their payment, provided that payment in full (less this discount) is made by the invoice due date.
Any agreement between the Company and the Customer shall be subject to and governed by the domestic law of England.