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For Credit Customers
1.General
These terms apply whenever we agree to sell our goods to the exclusion of any other or inconsistent terms unless otherwise agreed in writing by a Director. We reserve the right for reason of continuous improvement.
2.Delivery and carriage
Delivery is made at your premises. At our option we may deliver goods in reasonable installments, in which case you shall accept and pay for goods. Each installment is to be treated as a separate contract. You shall pay our expenses in connection with carriage or postage. You shall notify us in writing of any claim for non-delivery or damage to goods in transit within 1 day of the date of delivery for them. Our liability in respect of any such claim is limited at our option to replacement of the goods or refund of the price and does not extend to any indirect or consequential loss.
3.Prices
The price of the goods will be the price ruling at the date of despatch. All prices exclude carriage and VAT. Any applicable carriage and VAT payable by the customer in addition to the contract price. The price and any other amount due to us under the contract is payable in pounds sterling. You shall pay our reasonable extra charges in respect of (a) any special arrangements made at your request in order to expedite delivery: (b) cost, expenses and liabilities incurred by us where you give inadequate or inaccurate instructions.
4.Time estimates
We shall do our utmost to ensure that delivery dates are attained, time shall be deemed to be of the essence. However we shall not be liable for any loss or damage whether direct, indirect or consequential arising from whatever reason. You shall not be entitled to treat the contract as repudiated by reason of such late delivery.
5.Payment
We may invoice you for goods together with any applicable carriage and VAT when or any installments of them dispatched to you or to you order. You become liable to pay for goods on delivery of our invoice unless agreed credit terms apply in which case you shall pay in accordance with them. Despite any agreed credit terms all payments for goods supplied whether or not invoiced then become immediately due if any of the events set out in term 7 occurs. Interest of any overdue accounts at the rate of 10%, per annum above bank base rate accruing from day to day is payable whether or not we entered judgment for the debt.
6.Risk
The risk in the goods passes to you when the goods are delivered to you or to your order.
7. Ownership
We retain absolute ownership of the goods until the price of them and any other goods delivered to you subsequently but prior to the date of payment has been paid in full. If (a) you do not pay any invoice of ours within 7 days after it has become due. (b) the members of your company pass or call a meeting to pass a resolution for winding up or if a petition for winding up administration or bankruptcy is presented against you or (c) you become subject to a winding up administration or bankruptcy order to any distress or execution on or receivership over any of your assets then you shall cease at once to use any of the goods not then paid for and shall on demand return to us any of them remaining in your possession. On making such demand we are entitled without incurring any liability to you to enter your premises and remove and re-sell such of the goods as are found there. Nothing in term 7 gives you the right to return the goods without our consent otherwise than in accordance with our returns policy referred to in clause 9.
8.Force Majeure
Where we are able to perform due to any circumstances beyond our control we may suspend performance while those circumstances subsist and subject to term 4 any agreed ate or period for delivery shall be regarded as extended accordingly.
9.Returns Policy
Where goods are faulty we will be happy at our option either to replace or to refund their value provided that (a) they are returned to us carriage paid unused within 1 day of delivery and (b) you would be entitled to reject them because of a quality issue.
10.Limitation of liability
Where the goods are faulty we shall not be liable to you for any loss of damage whether direct or consequential or otherwise but in any event out liability (if any) shall be limited to the price of the goods.
11. Set off
You are not entitled to set off any debt or claim against payment of the contract price or other amounts owing to us.
12.English law
This contract is governed by and is to be construed and interpreted exclusively in accordance with English Law and both parties submit to the non-exclusive jurisdiction of the English Courts.
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