TERMS & CONDITIONS OF SALE
1. DEFINITIONS OF LAW
The complete contract is the document or documents that set out the terms and conditions and all the other details relevant to a particular transaction and is hereinafter referred to as ‘the contract’.
The goods sold by the seller to the buyer shall hereinafter be referred to as ‘the goods’.
The person, firm, company, corporation or public authority shown overleaf as the invoice is ‘the buyer’.
The parties to the contract are the seller of the goods and the buyer.
The person, firm , company, corporation or public authority responsible for delivery of the goods to the delivery address, including the seller when the seller delivers, shall hereinafter be referred to as ‘the carrier’. The person, firm, company, corporation or public authority to whom the goods are delivered when it is not the buyer is hereinafter known as ‘the Recipient’
This contract shall be governed by and construed in accordance with the law of England.
2. RISK AND TITLE TO GOODS.
The risk in the goods shall the buyer immediately on delivery to the buyer or the recipient.
The property in the goods shall remain vested in the seller and the seller reserves the right to dispose of the goods, until such time as the price thereof shall have been paid in full. If such payment is overdue in whole or in part, or if the buyer is in breach of any of the terms in this agreement, or if any act is proceeding in which the buyer’s solvency is involved is commenced, the seller may (without prejudice to any of the seller’s other rights) recover or resell the goods or any of them and may enter upon the buyers land and premises by the sellers servants or agents for that purpose.
3. RECIEPT.
The Buyer, or Recipient on behalf of the buyer, shall receive and unload the goods and shall check the same for quantity and condition in the presence of the carrier. If there should be any shortage or if the goods are in an unsatisfactory condition, the buyer or recipient must so endorse the Carrier’s delivery, Document and must give separate written notice thereof to the seller within the stated 3 days of delivery. If this condition is not observed, no claim in respect of shortage or of unsatisfactory condition of the goods will be entertained. This condition does not affect the statutory rights of the buyer.
4. PRICE.
The price charged will be the price ruling at the time of delivery. Where this at variance with the price quoted when the goods were ordered the Buyer will be advised prior to delivery.
5. PAYMENT.
Where monthly account facilities have been granted to the Buyer in writing, all invoices must be paid by the last day of the month following the month of delivery, where not such facilities have been granted payment will be with the order or where previously agreed on delivery. Where these terms are exceeded the seller shall be entitled to interest on the amount that is overdue at the National Westminster Bank PLC Base Rate plus 4% calculated day to day basis. This shall be without prejudice to any other rights or remedies to the seller. Any legal charges incurred in the recovery of monies due or goods will be paid by the buyer.
6. WHEN THE CONTRACT COMES INTO BEING.
The contract shall come into being between the Buyer and Seller when the Buyer has placed an order, Detailing his requirements and agreeing to be bound to/by these conditions, and the seller has accepted the order,
7. WHEN SIGNATURE FOR RECIEPT OF GOODS BECOME OPERATIVE.
Where, for administrative convenience, the buyer or his agent is requested by the seller to sign a contract and/ or delivery note before the Goods are handed over the Buyer or his agent agrees to examine the goods at the time of the physical handover and the effect of such signature in respect of receipt of the Goods will not become operative until immediately after the physical handover.
8. RIGHTS RESERVED.
Any failure by the Seller to enforce any or all of these conditions shall not be construed as a waiver of any of the Sellers right’s hereunder.
9. SEPARATE TERM VALIDITY.
Should any term in this contract be held invalid such invalidation shall not affect the Validity of the remaining terms. Headings in these conditions are for reference purposes and shall not affect the interpretation of these conditions.
10. TERMS OF CONTRACT.
These conditions have effect in substitution for, and to the exclusion of, any
Condition put forward by the buyer.