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1.1 All orders are accepted by the Seller only under these Terms which may not be altered except with the written agreement of a Company Director of the Seller. Any contrary or additional terms unless so agreed are excluded.
1.2 Orders are accepted subject to availability of Goods at the time of delivery.
1.3 Orders which have been accepted by the Seller may be cancelled only with the written agreement of a Company Director of the Seller and on terms that the Buyer will indemnify the Seller against all losses damages costs and expenses incurredby the Seller because of that cancellation.
2.1 Quotations and prices are based on costs and excise duty prevailing at the time when they are given or agreed. The price of the Goods including excise duty shall be that ruling as the date of the delivery. All prices quoted are exclusive of deliver charges and of Value Added Tax which is payable at the rate ruling at the date of delivery unless zero rated or exempt from VAT.
2.2 Any discounts, deductions, allowances, or rebates agreed are only available if all sums due from the Buyer to the Seller are paid by the due date.
3.1 Credit is granted and may be reviewed at any time at the Seller’s discretion. The Seller reserves the right to refuse to execute any order or Contract if the arrangements for payment or the Buyer’s credit rating is not satisfactory to the Seller.
3.2 The Buyer shall pay the price of the Goods within 30 days of the end of the month in which delivery takes place.
3.3 The Seller may charge interest, at the rate of 4% above the Royal Bank of Scotland Base Rate, on all amounts which are not paid by the due date.
6.4 The Seller shall be entitled at any time to recover any or all of the Goods to which it has title and for that purpose the Seller its employees or agents may with such transport as is necessary enter upon any premises occupied by the Buyer or to which the Buyer has access and where the Goods may be or are believed to be situated.
6.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness, any of the Goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyer to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due and payable.
6.6 Without prejudice to the foregoing none of the Goods are supplied on a ‘Sale or Return’ basis.
8.1 This Contract shall be governed and interpreted according to the Law of England and Wales and the Buyer agrees to submit to the non-exclusive jurisdiction of the English Courts.
8.2 The Seller shall not be liable for any breach of contract delay of failure to perform any of the obligations if the breach delay or failure was due to any cause beyond the Seller’s reasonable control including without limit industrial action or trade disputes whether involving employees of the Seller or of a third party.
8.3 The waiver by the Seller of any breach or default of these Terms shall not be construed as a continued waiver of any subsequent breach of the same or any other provision.
8.4 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and subclauses of these Terms shall not be affected, and they shall remain in full force and effect.
8.5 No person may enforce any of these terms under the Contracts (Rights of the Third Parties) Act 1999.
8.6 Any notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to that other party at its registered office, or principal place of business, or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice and shall be deemed to have been received:
8.6.1) if sent by first class post: 3 working days after posting exclusive of the day of posting.
8.6.2) if delivered by hand: on the day of delivery.