1.1. These conditions apply to all contracts between the Seller and the Buyer referred to in the order and overrides all conditions stipulated by the Buyer (even if submitted in a Later document); any other agreements between the parties relating to the subject matter of this order are terminated (except an agreement into which these conditions can be incorporated)
1.2. No variation of these conditions is permitted unless agreed in writing by an authorized employee of the seller.
2.1. The price to be paid for the goods will be the Seller’s price at the date when the goods were dispatched or the services provided. Carriage if applicable will be charged at the
3.1. Payment for the goods or services must be 30 days end of month following invoice, unless otherwise stated on the invoice or agreed in writing.
3.2. The Seller reserves the right to charge interest on overdue sums at the rate of 4% per annum above the Bank of England Base rate calculated on a daily basis from the due date of payment in Clause 3.1 until the date upon which payment is made.
3.3. The Seller may at any time require the Buyer to make payment in advance of delivery or require security for payment.
3.4. If the Buyer fails to make payment by the due date or when required, the seller may (without prejudice to any other remedy which it may have) cancel this contract and/or any other contract between the Buyer and the Seller and/or suspend delivery under this or any other contract until payment is made.
4. Delivery & Restocking
4.1. Delivery dates are approximate only and the Seller shall not be responsible for any loss or damage arising from any delay in delivering all or part of, any goods ordered or delay in the provision of any services.
4.2. Without prejudice to Clause 4.1, the Seller will not be liable for any delay in delivery or non-delivery of goods or services or any other breach of these conditions caused by any circumstances beyond the sellers control including without limitation, any act of God, explosion, fire, flood, war, hostilities, accident, delay in delivery or non-delivery by the Seller’s suppliers, breakdowns or accidents to machinery, labour strike or dispute, order or decree of any court or action of any governmental authority, or any other circumstances beyond the Sellers control: on the occurrence of any of the above events the Seller reserves the right to cancel or suspend the whole or part of the delivery.
4.3. All returns are subject to a 5% restocking/administration fee which covers warehousing, logistics and finance charges. Products must be returned in the condition you received them, and in a condition to allow immediate resale.
5. Risk, Property & Retention of Title
5.1. Goods supplied to the Buyer will remain the property of the Seller until the full payment in cash or cleared funds has been received by the Seller for those goods and for all other goods delivered or services supplied by the Seller to the buyer in respect of which payment is outstanding.
5.2. Until the title to the goods pass to the Buyer by the way of payment:
5.2:1. The Buyer will hold those goods as the Seller’s bailee.
5.2:2. The Buyer will protect, store and identify the goods by reasonable means so they can be recognized as the property of the Seller.
5.2:3. The Buyer may use the goods or sell them in the ordinary course of its business.
5.2:4. If the Buyer is in the breach of any of its obligations to the seller, or the order of the contract for the supply of goods is cancelled or capable of being cancelled under Clause 8 below, and provided the goods are still in existence and have not yet been resold, the Seller may (a) by notice to the Buyer require redelivery to it of the goods; and/or (b) with or without previous notice, retake possession of the goods and sell the goods. For the purpose of this Clause the Buyer Irrevocably authorizes the Seller’s representatives to enter the premises on which the goods are situated and remove the goods at the Buyers expense.
5.3. Risk in all goods supplied to the Buyer will pass to the Buyer upon delivery.
6. Shortages / Damages
6.1. If the goods or any of them are damaged on receipt or lost whilst in the custody of a carrier, the Seller will (at its option) either replace such goods or refund to the Buyer at invoice price. The Seller’s liability in connection with any such goods will not exceed the cost of replacement.
6.2. The Seller will not be under any liability under 6.1 above unless the following conditions are strictly complied with:
6.2:1. In the event of non-delivery of a whole consignment of goods the Buyer must inform the Seller in writing within seven days of the date of the invoice.
6.2:2. In the case of damage to goods or loss of part of a consignment, the consignment must be inspected in the presence of the carrier. If any goods are damaged or lost the consignment note must be endorsed accordingly and the Buyer must notify the Seller within forty-eight hours of delivery, such notification to be confirmed in writing within the following 5 days.
6.2:3. In the event of the Buyer requiring a signed Proof of Delivery for goods delivered by the Seller, such request must be made in writing within 30days from the end of the month in which the invoice is raised.