terms_of_trade

1.         Definitions
In these conditions, unless the context requires otherwise:
1.1       “Buyer” means the person who buys or agrees to buy the goods from the Seller;
1.2       “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.3       “Delivery Date” means the date specified by the Seller when the goods are to be delivered;
1.4       “Goods” means the articles which the Buyer agrees to buy from the Seller;
1.5       “Price” means the price for the Goods excluding carriage, packing, insurance and VAT; and
1.6       “Seller” means the person whose name and address appears on the box marked “Seller” overleaf

2.         Conditions applicable
2.1       These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document
2.2       All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions
2.3       Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions
2.4       Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

3.         Price and payment
3.1       The Price shall be the price set out overleaf.. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice
3.2       Payment of the Price and VAT shall be due within 30 days of the date of the invoice unless otherwise agreed in writing. Time for payment shall be of the essence
3.3       Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 4% above Lloyds Bank Plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
3.4       Any expenses incurred by the Seller in collecting unpaid invoices or in the collection of goods the subject of unpaid invoices, are to be paid by the Buyer on demand.

5. Warranties and liabilities
The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. [Except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1) ] all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

7.         Acceptance of the Goods
7.1       The Buyer shall be deemed to have accepted the Goods 24 hoursafter delivery to the Buyer
7.2       After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract
7.3 (i)   Claims for transit damage will not be entertained where the delivery note is marked or stamped “received unchecked” or similar. Buyers must ascertain the condition of goods at time of delivery with any damage being duly noted endorsed on the delivery ticket returned to the driver
7.3(ii)   Buyers shall submit a detailed claim in writing within seven days of receipt of goods. Inspection must be allowed to interested parties and a final claim submitted within 1 month following Inspection: This is to be accompanied by the delivery ticket showing the original endorsement advising the damage
7.3(iii) All goods which are subject to claim for damage in transit shall be carefully stored under cover or well protected and insured at Buyers’ cost against theft, fire and deterioration

9.         Remedies of Buyer
9.1       Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale
9.2       Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods
9.3       The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.

12. Insolvency or other default of Buyer
12.1 If the Buyer fails to make payment for the Goods in accordance with this contract of sale or commits any other breach of this contract of sale or if any distress or execution shall be levied upon any of the Buyer’s goods or if the Buyer offers to make any arrangement with its creditors or if any bankruptcy petition is presented against the Buyer or the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed or presented or if a receiver, administrator, administrative, receiver or manager shall be appointed over the whole or any part of the Buyer’s business or assets or if the Buyer shall suffer any analogous proceedings under foreign law alls sums outstanding in respect of the Goods shall become payable immediately. The Seller may in its absolute discretion and without prejudice to any other rights which it may have: