Terms and conditions
1. PRICE AND PAYMENT
1.1. The price (exclusive of VAT) for the Goods (“the Price) shall be the quoted price of the Seller and payment of the Price shall be made by the Buyer within 30 days of the date of the invoice for the Goods, subject to having approved credit facilities in place.
1.2 Payments made by credit card does not constitute our acceptance of your order. We may carry out additional checks and where appropriate insist on receiving funds directly in to our bank account before releasing goods to you.
1.3. If the Price is not paid by the due date interest shall accrue both before and after judgement on the unpaid portion of the Price at the rate of 7 per cent above the base rate from time to time of Barclays Bank PLC
1.4. All amounts due under this agreement shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law.
2. GOODS & EQUIPMENT
The description, price and quantity of the goods to be sold (“the Goods”) shall be as set out in the approved documentation provided by the Seller to the Buyer (“the Proposal”)
The Seller shall deliver these goods to the Buyer at the addresses of the Buyer as shown on their instructions and on the given date(s) quoted within the Proposal. Time shall not be of the essence for delivery
4.1 The Buyer shall be deemed to have accepted the goods if they have not been rejected or discrepancies detailed by fax or e-mail within 72 hours after delivery. The Buyer shall not be entitled to reject the goods in whole or in part after such date without an incurrence of additional charges.Similarly,any invoice discrepancies and/or queries must be detailed to us within 72 hours of the date of posting (this is deemed to be the date of said invoice)As a consequence,without exception all invoices are deemed to be due and payable within the agreed trading terms.
4.2 Should any invoice(s) become overdue as a result of the above protocol not being adhered to,all future supplies will be withheld until payments are bought in to line with agreed trading terms
5. TITLE AND RISK
5.1. The goods shall be at the risk of the Buyer following delivery
5.2. Notwithstanding delivery title in the Goods shall not pass to the Buyer until the Seller has made payment of all sums owing to the Buyer
5.3. Until such time as title in the goods passes to the Buyer the Seller shall have the right to repossess or otherwise recover the Goods
6. LIMITATION OF LIABILITY
6.1. Save in respect of personal injury or death due to the negligence of the Seller the Seller shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the goods
6.2. Without prejudice to Condition 6.1 the Seller shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this Agreement
6.3. Save in respect of personal injury or death due to the negligence of the Seller the liability of the Seller under these Conditions shall not exceed the Price
6.4. In the event of termination of this agreement by either party,any party awarded the whole or part of this contract as a result of such termination,agrees to purchase any stocks held by the Seller which are for the sole use of the Buyer.The rates charged to the Buyer shall be those governed by this agreement.
6.5. In the event of such termination,any transport costs incurred by the Seller in removing and re-distributing goods to third party storage must be met by the Buyer or his appointed agent.
7. FORCE MAJEURE
The Seller shall not be liable for any default due to any circumstance beyond the reasonable control of the Seller including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire flood, earthquake or shortage of supply or failure to deliver of the suppliers of the Supplier.
8.1. If any term or provision of these Conditions is held invalid illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid illegal or unenforceable provision eliminated
8.2. The Seller may without the consent of the Buyer sublicence its rights or obligations or any part of these Conditions.
8.3. The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions
Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.