Terms & Conditions of sale for "Originals" International Ltd.,
1 RETENTION OF TITLE
1.1 The Goods shall be at the Buyer’s risk as from delivery.
1.2 In spite of delivery having been made property in the Goods shall not pass from the Seller until;
1.2.1 The Buyer shall have paid the Price plus VAT in full; and
1.2.2 No other sums whatever shall be due from the Buyer to the Seller.
1.3 Until property in the Goods passes to the Buyer in accordance with clause 1.2 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.
1.4 Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods.
1.5 The Buyer shall insure and keep insured the Goods to the full Price against ‘all risks’ to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered or relied on by the buyer whether in negotiation or at any stage in the dealings between the seller and the buyer with reference to which this contract relates. Without prejudice to the generality of the foregoing, the seller will not be bound by any standard or printed terms furnished by the buyer in any of its documents, unless the buyer specifically states in writing separately from such terms that it intends such terms to apply and the seller acknowledges such notification in writing.
An acceptance of our price constitutes an acceptance of our terms. In the event of customers official orders containing special printed conditions, it is understood such conditions are only binding so far as they are not at variance with our own terms and conditions.
All goods will be charged at prices and terms current at the times of dispatch, except where they are the subject of a special quotation the terms of which then apply. Catalogue prices are subject to alteration at any time. Prices do not include VAT which will be charged in addition at the rate ruling at the date of dispatch. No introductory or other commission or discount will accrue to trade houses or other parties without prior written consent.
5 TERMS OF PAYMENT
Customers. Unless otherwise agreed, payment shall be made in cash with the order or against the proforma. Where credit terms are allowed, terms of payment are STRICTLY NET 30 DAYS. Seller reserves the right to withhold dispatches and to revoke any credit extended to the buyer on failure to pay for goods when due and to make a service charge of 4% per annum above the National Westminster Bank Base Rate accruing daily.
6 QUOTATIONS AND INVOICES
We reserve the right to amend any accidental errors and omissions in quotations. Invoices will be sent to the address from which orders are received unless otherwise specified.
Whilst every effort will be made to adhere to delivery dates, we shall have no liability for delay in delivery, however caused, or of non-delivery caused by circumstances beyond our control. Where an order calls for a number of items, we reserve the right to dispatch all or any number of the items as and when available and the buyer shall honour all invoices in respect of such deliveries in accordance with our standard terms of payment.
8 DAMAGE OR LOSS IN TRANSIT
Damage. Transit damage must be reported to the company in writing within 3 days maximum from receipt. In this case packing and carrier details must be retained for possible subsequent inspection.
Loss. Transit loss must be advised as soon as possible in writing. In any event within a maximum of 6 days from the date of invoice. Please telephone immediately with consignment details.
9 SHORTAGES OR ERRORS
No claim can be entertained unless notified in writing by the customer within 3 days of consignment.
Not withstanding that a sample of the goods has been exhibited to and inspected by the buyer, it is hereby declared that such sample was so exhibited and inspected solely to enable the buyer to judge for himself the quality of the bulk, and not so as to constitute a sale by sample.
No returns can be accepted or credited unless previously agreed. All goods will be deemed accepted unless returned within 7 DAYS from the invoice date.
12 ILLUSTRATIONS AND SPECIFICATIONS
Catalogue and other illustrations and specifications are subject to alteration without notice. They are not binding and are only intended to represent the type of goods offered as, owing to improvement and change of design and manufacture, products may not conform to them in detail. While every effort has been made to ensure the accuracy of technical data given, we accept no liability in respect of any contingency arising from any errors or omissions.
Carriage will be charged at a predetermined rate on orders under £650 NET when delivered by pallet and £400 NET when delivered by Courier Company.
English Law shall be the applicable law of the contract.