1. General”Seller” means Earlswood Supplies Ltd. “Buyer” means the person, firm or company contracting with the Seller whether directly or through an Agent except where the contract otherwise requires. “Goods” mean the articles or things or any of them described in the Order. “Order” means the order placed by the Buyer for the supply of goods.
b These conditions cannot be varied unless the variation is agreed in writing and signed by a Director of the Seller.
a The property in the goods shall pass to the Buyer when:
(i) The Goods and
(ii) All other Goods the subject of any other contract between the Buyer and the Seller which at the time of payment of the full price of the Goods have been delivered to the Buyer but not paid in full have been paid in full.
b Subject to condition 4. the risk in the Goods shall pass to the Buyer when the point of delivery is reached. The property in the Goods shall remain with the Seller in accordance with this condition and the Seller shall be entitled to re-delivery of the Goods in accordance with paragraph (c) of this condition notwithstanding the subjection of the Goods to any process, addition, admixture or treatment whether by way of manufacture or otherwise and whether by the Buyer or others.
c: The Seller shall (without prejudice to their other rights hereunder) be entitled at any time after the due date for payment set out in condition 7. or before such due date in the event that serious doubt arises as to the Buyer’s solvency in its absolute discretion to give notice in writing to the Buyer to pay within seven days the full price of such Goods as then have already been delivered to the Buyer under this contract or any other contract between the Buyer and the Seller and if on expiration of that period the Buyer has failed to pay the whole of the price outstanding, the Seller shall be entitled to immediate re-delivery of such Goods having been delivered to the Buyer under this or any other contract (but excluding Goods the title in which has already passed to the Buyer) and shall also be entitled to such immediate re-delivery upon the earlier appointment of a Receiver of the whole or any part of the Buyer’s undertakings or passing of a resolution or the making of an Order to wind up the Buyer, for which purpose the Seller shall be entitled and the Buyer hereby grants to the Seller a licence to enter upon any premises of the Buyer during normal business hours for the purpose of removing such goods and to remove such Goods from the Buyer’s premises.
In cases where the point of delivery is when the Goods are delivered to the Buyer’s premises or to the premises of a consignee named by the Buyer no responsibility will be accepted by the Seller for any loss or damage occurring in transit unless the Buyer:
(i) In the case of damage or loss notifies the seller by telephone within 24 hours and in writing within 3 days of delivery (in order that a claim can be made against a carrier).
(ii) In cases of non delivery within seven days of the dispatch date.
bIn cases where the point of delivery is when the Goods are collected by the Buyer or by a carrier paid by the Buyer the Goods shall be at the sole risk of the Buyer during transit.
c Customer’s responsibility is to check the number of parcels delivered and the condition of them before signing any carriers or delivery document. Any discrepancies thereafter will be the responsibility of the customer.
a Goods are not tested or sold as fit for any particular purpose unless specifically agreed by the Company in writing.
b The Customer agrees that apart from the express terms contained herein or in the quotation or in any document expressly stipulated therein to form part of the contract and to be outside the provisions of this clause no statement or representation has been made by the Company relating to the goods supplied, or if any such statement or representation has been made to the Customer warrants that he understood it to be a statement of opinion only and did not rely on it.
c No liability is accepted for any direct or indirect costs, damages or expenses relating to damage to property or injury or loss to any person firm or company or for any loss of profits or production arising out of or occasioned by any defect in or failure of goods or materials or parts thereof supplied by us.
Illustrations, weights and measurements set out in the sales literature of the Company are statements of opinion and are provided for information only and form no part of the contract.
6. Return of Goods
a Goods will not normally be accepted for return after fourteen days from date of delivery. Prior notification must be made if all Goods are to be returned.
b Goods returned must be in original packaging and saleable condition. They will be subject to our inspection on return.
c All Goods returned will be subject to a handling charge of 10% and reimbursement of any carriage charges incurred.
7. Force Majeure
The Company shall be under no liability for any delays, loss or damage caused wholly or in part by Act of God by any act done or not done pursuant to a trade dispute, whether such dispute involves the Company’s servants or not or any other cause beyond the reasonable control of the Company.
8. The contract shall be subject to law of England.
9. Any notice or statement of account given by the Seller to the Buyer shall be duly given if left at or sent by registered or recorded delivery to the last known address of the Buyer and such notice or account shall if posted be deemed to have been given two weekdays after posting.