TERMS AND CONDITIONS OF SALE
1. DEFINITIONS AND LAW
The Contract is the document or documents that set out these Conditions and all other details about your agreement with us. "'We" and "Us" means the seller of the Goods. "You" means the buyer of the Goods. The "Goods" means all goods to be sold by us to you. The "Recipient" means the person, firm, company, corporation or public authority to whom the Goods are delivered, when it is not you. These Conditions exclude any terms and conditions you may have put forward, except where we have agreed to any amendments or other conditions in writing. These Conditions do not affect the statutory rights of a person dealing as a consumers defined by the Unfair Contract Terms Act 1977 or any statutory modifications of that Act. The Contract will be governed by and interpreted in accordance with English Law.
2. WHEN THE CONTRACT COMES INTO BEING
The contract comes into being when you have placed an order giving details of your requirements and have agreed to be bound by these Conditions and we have accepted your order.
3. PAYMENT
Where we have granted monthly account facilities to you in writing, all invoices must be paid by the last day of the month following the month of delivery. Where no such facilities have been granted, payment will be with your order, or where previously agreed, on delivery. If payment is not made when due, we will be entitled to interest on the amount that is overdue at eight percent above the prevailing base rate of National Westminster Bank PLC calculated on a daily basis. This will be without prejudice to any other rights or remedies we may have.
4. RECEIPT
You, or the Recipient on your behalf, will receive and unload the Goods and should check them, for quantity and condition in the presence of the carrier. If there is a shortage or if any of the Goods are in an unsatisfactory condition, you or the Recipient must so endorse the carrier's delivery document and must give a separate written notice of this to us within three 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.
5. RISK AND TITLE TO GOODS
(i) The risk in the Goods will pass to you immediately on delivery of the Goods to you or to the Recipient.
(ii) The ownership of the Goods will remain with us and we reserve the right to dispose of the Goods until you have paid in full for all goods which we have supplied at any time to you. Until such payment has been made in full you will hold the Goods on our behalf and will be under an obligation to return them to us on demand. You will permit us to enter any land or premises of yours to recover the Goods.
6. LIMIT OF OUR LIABILITY
(i) All times which we state or quote for delivery are approximate.
(ii) We will not be liable for any delays caused by any circumstances beyond our reasonable control.
(ill) We will not be liable for any indirect loss, loss of business, profits, savings you expected to make, wasted money, wages, fees or expenses, due to late delivery, non-delivery, unsuitability, breakdown or stoppage of the Goods or any part of them.
7. RIGHTS RESERVED
Any failure by us to enforce any or all of these Conditions shall not amount to or be interpreted as a waiver of any of our rights.
8. SEPARATE TERMS VALIDITY AND HEADINGS
If any term in this Contract is held invalid, this shall not affect the validity of the remaining terms. The headings in these Conditions are for reference purposes only and shall not affect the interpretation of these conditions.
