1. MAKING THE CONTRACT
1.1 Your order is an invitation to treat; we will consider it only on the basis that you waive any terms in it which are inconsistent with ours.
1.2 All goods sold by us are sold on these terms and only our directors are able to vary them and then only in writing.
1.3 If the goods are able to be delivered in stages, each instalment will be treated as a separate contract.
2. CANCELLATIONS
2.1 Contracts can be varied or cancelled only with our consent.
2.2 If we agree to cancel or vary a contract after we have brought or manufactured goods for it, we may charge a cancellation fee to compensate us for the expenses of disposal.
2.3 If we are dependent on a supplier who fails to supply a necessary component of the goods, we will tell you and (if we are able to), offer you an alternative. If we cannot offer an alternative or if we do not get your written approval to it (within seven days) the contract will be void (but only for those goods).
3. PRICE
3.1 The price contains packaging, delivery and insurance unless an ex-works price has been quoted.
3.2 The price excludes VAT.
3.3 If we suffer a major increase in costs, we may increase the price. If so, we shall tell you as soon as possible.
4. PAYMENT
4.1 If you do not have an approved credit account, you must pay us on demand (which will usually be before the goods are delivered).
4.3 We may change the limit on an approved credit account at any time. If the limit is exceeded, the excess must be paid immediately.
4.4 We may charge interest on late payments at 2% per month (or part) interest accrues daily and runs before and after judgement. If you pay late, you must also pay (in full) any legal expenses incurred by us.
4.5 We may (at any time) suspend manufacture of delivery unless you give us security or payment.
4.6 You may not withhold payment because of any dispute or claim any set off.
4.7 We may apply any payment to any invoice and ignore any contrary instructions given by you.
5. DELIVERY
5.1 We may deliver in stages and invoice you separately for each stage. Each stage will be treated as a separate contract.
5.2 If you ask us to delay delivery, we will do so if we can, but may charge you for storage.
5.3 You give us (our employees and agents) the right of access to all premises under your control to deliver, inspect and remove the goods. That right may not be revoked until you have paid all that you may owe us.
5.4 Goods to be collected by yourselves or your agents will be invoiced on the due collection date. We deserve the right to deliver and charge carriage, if the goods are not collected within 10 days of the due collection date.
5.5 Goods are not offered on a sale or return. Returns must first be agreed in writing.
6. RISK
6.1 The goods are at your risk from when you receive them.
7. INSPECTION AND SHORTAGES
7.1 You must inspect the goods as soon as you receive them.
7.2 If you cannot examine the goods, the delivery note must be marked: – not examined.
7.3 We are not liable for shortages or defects that should have been seen on a careful inspection and which you do not tell us about within 3 days of delivery (and confirm in writing).
7.4 We are not liable for any other defects unless we receive a written complaint within 7 days of delivery.
7.5 If we are told about defects and shortages within those time limits we will supply replacements or adjust the price otherwise you may not make any claim or reduce the price.
8. OWNERSHIP
8.1 The goods remain our property (even after delivery) until you pay all that you may owe us (not just for the price of those goods).
8.2 You may use or sell the goods (but not if you are insolvent or we tell you to return them) but only if the proceeds of sale are held in trust for us and paid into a separate account (which may not be overdrawn).
8.3 While the goods belong to us: –
8.4.1 a lien on the goods
8.5 We may sue you for payment whether or not property in the goods has passed.
8.3.1 You will hold them as our fiduciary agent and Bailee (but may not commit us to
any liability under any contract);
8.3.2 You will store them safely and separately from other goods.