| Conditions Of Sale |
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| CANCELLATION AND AMENDMENT |
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| 5 |
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No contract can be amended or cancelled except with the Company's approval in Writing and should such approval be given the Customer shall indemnify the Company against any costs losses or expenses resulting from any cancellation or amendment. | |
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| PRICES |
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| 6.1 |
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Unless otherwise agreed in Writing all prices are net for delivery ex works and VAT and any other applicable taxes are payable in addition. Unless otherwise stipulated by the Company in Writing prices are payable in Sterling or if the Sterling currency shall cease to exist when the contract is made, shall be payable in such currency as replaces the Sterling currency. | |
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| 6.2 |
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The Company shall be entitled at any time by giving notice in Writing, before, at or after final invoicing, to make a reasonable adjustment to the price in the event of any alteration in quantity design or specification requested by the Customer. | |
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| 6.3 |
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The Company reserves the right at any time prior to delivery by giving notice in Writing to increase the price if there is any increase in the cost of materials labour transport or utilities or if the costs of the Company are increased by any other factor beyond the reasonable control of the Company. | |
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| 6.4 |
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Charges made on the Company's invoice for cases will be credited on their return to the Company's works carriage paid and in good re-usuable condition. Cases shown as returnable but not charged on the Company's invoice must be returned to the Company's Works carriage paid and in good re-usuable condition otherwise an additional charge will be made in respect of their cost. | |
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| 6.5 |
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The Customer shall be liable to the Company for any demurrage costs incurred in the event of vehicles being unduly delayed at the point of delivery. | |
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| TERMS OF PAYMENT |
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| 7.1 |
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Unless otherwise agreed by the Company in Writing payment shall be made by the last day of the month following the month of invoice and the Company shall be entitled to issue invoices in the month in which the Products are delivered or would have been delivered save for postponement otherwise than due to default on the part of the Company. Time for payment of the price is of the essence of the contract. | |
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| 7.2 |
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No disputes arising under this contract shall serve to permit payment by the Customer of sums due to the Company to be delayed nor shall disputes interfere with prompt payment in full. The Buyer shall not be entitled to make any deduction from sums owing to the Company by reason of any such dispute. | |
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| 7.3 |
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In the event of default in payment by the Customer the Company shall be entitled without prejudice to any other right or remedy: | |
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| 7.3.1 |
to suspend without notice all further deliveries on this or any other contracts between the Company and the Customer; |
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| 7.3.2 |
to charge interest on a daily basis (after as well as before any judgement) on any amount outstanding at the rate of 4% above the Base Rate of Lloyds Bank plc from time to time; and/or |
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| 7.3.3 |
to serve notice on the Customer requiring immediate payment for all goods supplied by the Company under this and all other contracts between them whether or not payment is otherwise due or invoiced. | |
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| SPECIFICATIONS |
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| 8.1 |
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Subject to clause 8.2 the Products shall in all materials respects be of such specification agreed between the Company and the Customer under the contract, or (if not so agreed) shall be generally in all material respects in accordance with any published specification issued by the Company. | |
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| 8.2 |
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The Company reserves the right to make changes in dimensions or other specifications of the Products as are required to conform to applicable standards or laws or are otherwise within reasonable limits having regard to the nature of the Products. Dimensions specified by the Company are to be treated as approximate only unless it is specifically agreed in Writing that exact measurements are required. | |
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| LOSS SHORTAGES AND DAMAGE |
| APPARENT ON DELIVERY INSPECTIONS |
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| 9.1 |
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The Customer shall have no claim for loss, shortages or damage on delivery which are or would be apparent on inspection unless the Customer: | |
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| 9.1.1 |
unpacks and inspects the Products as soon as reasonably practicable following receipt; |
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| 9.1.2 |
notifies the Company of any loss, shortages or damage (otherwise than by a qualified signature on the delivery note) within ten working days of receipt; and |
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| 9.1.3 |
demonstrates to the satisfaction of the Company that such loss, shortages or damage occurred prior to delivery. | |