Account Application

 

Partnership Sole Trader Ltd

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Terms and Conditions of Sale


  1. FORMATION OF CONTRACT:

      1.1 All quotations and orders made or accepted by the Company shall be deemed to incorporate these terms and conditions together with any special conditions stated on or annexed to our quotation.
    • 1.2 No variation of or addition to, or substitute for, such terms or conditions shall be binding on the Company unless expressly accepted by the Company in writing.

    • 1.3 Quotations are made subject to fluctuations in price.

    • 1.4 The company reserves the right to withdraw quotations at any time before acceptance.

    • 1.5 Verbal, telephoned or telegraphic orders and any variations to orders must be confirmed by the customer in writing otherwise the company accepts no responsibility for errors or subsequent misunderstandings.

  2. PRICES:
    • Quotations are based upon the Company's current price levels which in turn are based on the current rate of the pound sterling and any relevant foreign currency until if, owing to alterations in the cost of materials, in wage rates or in other taxes, duties levies or other expenses or in the rate of exchange caused by any devaluation/revaluation of either currency, the price level or the relevant goods is revised, the prices chargeable shall be those ruling at the date of despatch.

  1. TERMS OF PAYMENT:

      3.1 Unless otherwise stated, all accounts are Nett and due for payment at the end of the month following delivery
    • 3.2 The Company reserves the right to charge interest on a daily basis on all monies paid late at the rate of 4% per annum above the base rate from time to time of Lloyds TSB Bank Plc.

  2. TIME FOR DELIVERY:
    • Time for delivery shall not be the essence of the contract. Whilst the Company will do its utmost to keep any stated despatch or delivery time the Company accepts no liability for any damage, consequential loss or any expense incurred resulting from delay howsoever the same shall be caused.

  1. DELIVERY:

    • 5.1 Notwithstanding delivery and the passing of risk in the goods, or any other provision of these conditions, the property in the goods supplied pursuant to this contract shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the Company to the Customer for which payment is then due.

    • 5.2 The Company reserves the right to repossess any goods sold hereunder to the Buyer in respect of which payment is overdue, and for this purpose the buyer hereunder grants any irrevocable right and licence to the Company through its servants and agents to enter upon all and any premises on which such goods maybe.

    • 5.3 Each delivery shall be considered as a separate contract and the failure of any goods in a particular delivery shall not vitiate the contract as to the reminder.

    • 5.4 The Customer shall be responsible for off-loading and shall indemnify the Company against all liability whatsoever arising there from or related thereto.
  1. SHORTAGES, DAMAGE OR LOSS IN TRANSIT:
    • 6.1 Any claim for alleged shortages or damage however arising will be considered only if:

    • a) Receipt of goods note has been signed for as 'Not Examined', 'Damaged', 'Incomplete' or to that effect.

    • b) A written complaint is made to the Company and to the carriers (where applicable) within three days of receipt of goods.

    • c) The Company is given an opportunity to inspect.
    • d) The Buyer shall provide to the Company's satisfaction identification of the goods in question.

    • 6.2 Any claim for goods lost in transit will be considered only if a written complaint is made to the Company and to the carriers within 21 days of despatch by rail, or 10 days if by road

  1. GUARANTEE AND GENERAL LIABILITIES:
    • 7.1 Goods are not tested or sold fit for any particular purpose. In no circumstances whatsoever shall the Company's liability (in contract, tort or otherwise) to the Buyer arising out of or in connection with this contract or the goods supplied hereunder exceed the invoice price of the particular piece(s) concerned. Notice of any claims arising out of or in connection with this contract must be given to the Company within seven working days from the date when the goods are collected or delivered, failing which all such claims shall be deemed to be waived and absolutely barred. The Company shall be under no liability whatsoever unless the Buyer can prove to the Company's satisfaction identification of the goods complained of.

    • 7.2 When the Company is asked for advice as to the suitability of any product, such advice will be given to the best of our ability and in good faith but such advice is given only to the express condition that the Company is exempt from liability for failure in performance.

    • 7.3 The Company shall not be liable for any consequential loss, injury or damage of any nature whatsoever arising out of this contract or in connection with any goods sold there under, save in the event of death or personal injury caused by the Company's negligence.

  1. FORCE MAJEURE:
    • The Company shall be entitled to cancel or rescind any contract without liability for any loss or damage resulting there from if performance of our obligations under the contract is in anyway affected by war, riot, restraint of Government, strike, lockout, dispute with workpeople, shortened hours of labour, fire, accident, non availability of materials, stoppage or interference with transport, compliance with Government requirements, or any cause which the Company has no power to avert.

  1. CANCELLATION OR SUSPENSION:

    • 9.1 No cancellation, suspension or variation of this contract requested by the Buyers shall be valid unless agreed with the Company in writing and such agreement will only be given subject to adequate compensation for expenses incurred in connection with the contract and for the loss of profit.

    • 9.2 In addition to the above compensation, the Company may impose a cancellation charge at its discretion.

    • 9.3 If the Company is asked to store goods, or if the Company has to store goods because of the fault of the customer after the goods are ready for despatch, the customer shall pay storage and other charges. The storage will be at the customers risk and will not entitle the customer to postpone payment of any sums due to the Company.

    • 9.4 The Company reserves the right to suspend the supply of goods at any time.

  2. RETURNING OF GOODS:
    • 10.1 In the event of the Buyer wishing to return goods for any reason whatsoever, permission for such returns must be first obtained from the Company in writing.

    • 10.2 Where the goods have been correctly supplied, and the Company has agreed to accept their return, a handling charge will be made of up to 33.3% of the original cost at the Company's discretion.
  3. LAW APPLICABLE:
    • 11.1 These terms and any contract between the parties shall in all respect be construed and have effect according to English Law.

I Accept the Terms & Conditions
 
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