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All accounts are payable by the 20th of the month following delivery.
Failure to pay any account by due date shall be a breach of your trading terms and the Company may in respect of such account, without prejudice to any other remedies it may have, charge Penalty Interest thereon at such rates as may be determined by the Company from time to time charged from due date until receipt of payment in full.
Trade discounts may be disallowed to accounts not paid by due date.
I/We shall pay or reimburse you all costs and/or expenses incurred by you in instructing a solicitor and/or debt collecting agency to recover any amount overdue for payment and such costs and expenses shall bear interest from the date upon which they are paid or incurred by you up to and including the date upon which shall pay or reimburse you.
The ownership of the goods shall not pass to the Buyer until the Buyer has paid for the same. Receipt by the Company of any cheque or other bill of exchange or any promissory note shall not be deemed to be payment or conditional payment until the same has been honoured or cleared and until such time shall not prejudice or affect the Company’s rights, powers or remedies against the Buyer and/or the goods.
Until payment in full has been made the Buyer acknowledges and agrees as follows:-
that the goods supplied (whether or not intermingled with other products by the Buyer) are held by the Buyer as bailee to be sold by it as agent for and on behalf of the Company.
that the Buyer shall store the goods supplied separately from the Buyer’s own goods and any other goods supplied to the Buyer.
that the Buyer hereby irrevocably gives the Company, its agents and servants leave and licence without the necessity of giving any notice to enter on and into any premises occupied by the Buyer to search for and remove any of the goods supplied to or in which the Company has ownership as aforesaid without in any way being liable to the Buyer or any person or Company claiming through the Buyer and if the goods or any of them are wholly or partially attached to or incorporated in any other goods, the Company may, where practical, disconnect or sever in any way whatsoever as may be necessary to remove the goods.
without the written consent of the Company, the Buyer is not permitted to dispose of the goods, until the Company has been paid in full for the goods, and as a condition of any such consent, all monies from the sale of goods, by the Buyer shall be placed in a separate account until the Company has been fully paid for the goods.
this clause is inserted to protect the Company and is intended (amongst other things) to enable the Company, to retake possession of the goods, and at the Company’s option to resell the goods which it has resumed possession of, following the default of the Buyer and in the event of the receivership or insolvency of the Buyer.
In the event that the Company agrees in its quotation or acceptance, to sell “free into the Buyer’s Store”, delivery shall be deemed complete when the goods are transported to the Buyer’s premises or to the place agreed by the Company in its quotation or acceptance.
In the event that the Company agrees in its quotation or acceptance to sell “ex-works the Company”, delivery shall be deemed complete when the Company has placed the goods at the disposal of the Buyer, or delivered the goods into the possession of the freight company transporting the goods on behalf of the Buyer. The Company may agree to arrange freight and/or insurance as agents for and on behalf of the Buyer. All such costs of freight and/or insurance shall be the exclusive responsibility of the Buyer and all sums paid by the Company shall be repaid by the Buyer to the Company immediately upon being invoiced from them. No agreement to arrange freight on behalf of the Buyer shall be deemed to change in any manner the ex-works nature of the sale.
If an order is correctly executed, a return may be accepted at the seller’s option. Consent by the Company must be in writing. A return charge calculated at 10% of the value of the goods may be made to cover clerical and other expenses, and the Purchaser shall pay any delivery or insurance charges applicable.
All claims and requests for credit must be made within 7 days of invoicing. In each case the relevant invoice numbers must be quoted.
Goods are supplied subject to all conditions, warranties and limitations implied by law, provided however that the extent of the Company’s liability shall be limited to replacement of faulty materials only.
It is expressly agreed that the Company is not to be liable for any damage consequential on or resulting from any goods being found defective or in any way unsuitable.
When supplying products outside the Company’s general range and manufactured specifically to the Buyer’s specifications or other requirements, the Company reserves the right to deliver up to 10% over or under the quantity so ordered.
The company shall retain the right to withdraw at any time any supply of goods or promise to supply goods to the customer
VARIATIONS OF CONDITIONS
These or any conditions of sale can only be varied by agreement in writing notified by the Company.
These terms and any set out by the Company shall be included as terms of any contract resulting between the parties and in the case of any conflict between these terms or the terms of the Buyer’s order, then these terms and conditions shall prevail.
For the company’s full terms of trade refer to a separate document available from the company.
The placement of an order shall for all purposes be deemed to be acceptance of these conditions.
CONSUMER GUARANTEES ACT
If the buyer is acquiring goods or services for the purpose of a business, the guarantees implied by the Consumers Guarantee Act 1993 shall not apply.