Terms of Business
1) All accounts are strictly Nett and become due 30 days , or any other period specifically agreed beforehand, from date of invoice . Interest of 3% over the base rate of National Westminster Bank PLC will be charged on overdue accounts.
2) Prices are as at date of despatch of goods. All other prices shall be indicative only unless previously confirmed.
3) Delivery – Any time or date for delivery is an estimate only and the company shall not be liable for any delays. Also, in the event of circumstances beyond the control of the company deliveries may be suspended. Delivery in the UK Mainland shall be free for orders over £ 500 nett of VAT. All other deliveries shall be charged at the published rates or as agreed beforehand.
4) Non delivery , damages etc must be advised to us in writing within 7 days of the date of the invoice. or receipt of goods if earlier. In the absence of written confirmation within the time limit the buyer will be liable for payment.
5) The Company’s approval and a returns number must be obtained before any goods are returned. The returns number must be quoted on all returns documentation. Any goods correctly supplied but returned may occur a handling or restocking charge.
6) On receipt of the appropriate written notice and return of goods, the company shall raise credit notes in respect of these. Buyers debit notes shall not be accepted.
7) Specification – Whilst every effort has been made to ensure accuracy of information given, the company’s policy of continuous improvement means that the specification may change without notice. All weights and dimensions are approximate.
8) Warranty – All tools are guaranteed to be free from faulty materials and workmanship for a period of 12 months or unless specifically stated otherwise on the products. Any faulty goods shall be repaired or replaced free of charge. These warranties do not apply to normal wear and tear or any damage caused by misuse, mishandling etc or repairs or alterations other than by the company or its agents. These warranties and guarantees do not affect your statutory rights.
9) The property in the goods shall not pass to the purchaser until full payment of purchase price has been paid. The benefit and/or proceeds of any dealing with the Company’s goods by the purchaser in the contravention of the above reservation on property rights shall be held by the purchaser in trust for the Company who shall be entitled to enter any premises of the purchaser or where the goods may be to recover the same until full payment for the goods has been received by the Company.
10) Full proper and legal title in each consignment of the goods shall remain in the Company until such time as the Company has received payment of the purchase price of the goods and any other goods previously or subsequently supplied by the Company to the purchaser whereupon the property in the relevant consignment of the goods shall pass to the purchaser. Goods delivered to the Purchaser prior to the time when payment is received by the Company will be held by the Purchaser in the capacity of a fiduciary agent for and on behalf of the Company until the date when the payment is received by the Company.
11) Risk in each consignment of the goods shall notwithstanding the earlier clauses pass to the Purchaser upon delivery by the Company to the Purchaser and the Purchaser shall arrange for the Company’s interest in the goods to be noted on all relevant insurance policies.
12) The Purchaser shall have the right to sell any consignments or part thereof before payment of the same shall have been received by the Company provided that the Purchaser shall pay the Company’s part of the proceeds of such sale into a bank account clearly denoted as an account containing monies deposited for the benefit of the Company by the Purchaser acting in a fiduciary capacity.
13) The Purchaser shall store or otherwise denote the consignments of the goods in respect of which the property remains with the Company in such a way that the same can be recognised as the property of the Company.
14) The Purchaser’s right to sell the goods as the fiduciary agent of the Company in its usual course of business:
1.1 may be revoked at any time by the Company giving notice to that effect if the Purchaser is in default for longer than seven days in the payment of any sum whatsoever due to the Company or if the Company has bona fide doubts as to the solvency of the Purchaser.
1.2 shall automatically cease if a Receiver, Manager or a winding-up or administration order against the Purchaser is made or petitioned or any petition or order in bankruptcy against the Purchaser is presented or made or the Purchaser is apparently insolvent or goes in to voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation while solvent) or calls a meeting of or makes arrangements or compositions with creditors, and
1.3 upon determination of the Purchaser’s rights of sale under the foregoing paragraphs the Purchaser shall place the goods at the disposal of the Company who shall be entitled to enter into any premises of the Purchaser for the purpose of removing the goods and to remove the goods from the said premises and/or as the case may be to pay the Company the proceeds held by the Purchaser as trustees for the Company in accordance with this clause. Where the Company recovers possession of a consignment of goods title in which has not yet passed to the Purchaser, such recovery of possession shall be without prejudice to the rights of the Company to sue for the purchase price under this clause.
GOVERNING LAW These terms and conditions shall be subject to and construed in accordance with the English Law E. & O.E. © Copyright August 2005