STANDARD TERMS AND CONDITIONS OF SALE
1. GENERAL
These conditions apply, unless otherwise agreed in writing by both parties.
2. CANCELLATIONS
The contract is deemed binding when the written order is received. Cancellation charges must be borne by the customer unless otherwise agreed in writing.
3. PRICES
(a) Prices shown are current and unless fixed by agreement in writing will be subject to those ruling at the time of dispatch.
(b) Discounts (where applicable) are allowed in accordance with the scale in force at the time of dispatch. Amendments to order size may necessitate adjustment of discount in accordance with scale.
4. DISPATCH
Every endeavour will be made to execute orders on promised dispatch dates but no responsibility for delay, or loss resulting from delay, can be accepted.
5. STORAGE OF NON-STANDARD PRODUCTS
Delivery will be affected on the due date unless written instructions to the contrary have been received. If so requested the products will be stored, if facilities permit, for a period of two weeks; after which time the right is reserved to charge for storage. Stored goods will be invoiced as if delivered and accepted.
6. PAYMENT
Settlement of invoices to approved accounts is strictly net 30 days. Orders from non-approved accounts will only be accepted subject to settlement against proforma invoice or receipt of satisfactory trade and bankers’ references.
7. CLAIMS
Goods damaged in transit must be notified to this company and carriers within three days of receipt irrespective as to whether they have been signed for as ‘Unexamined’. Goods not delivered must be notified to this company and the carriers within 14 days from the date of dispatch otherwise no claim can be considered. Claims for shortage will only be accepted when made within three days of receipt of goods.
8. RETURNS
Products can only be accepted for return if previously agreed in writing and then only if in new condition. Agreed credit will only be given when goods are returned to our works in new condition, undamaged and carriage paid.
9. DESIGN
Design and manufacturing methods can be changed without prior notice. Descriptions, illustrations, drawings, and other particulars are as accurate as possible but do not form part of the contract.
10. RESERVATION OF TITLE
(a) The risk in the goods shall pass to the Buyer upon delivery.
(b) Notwithstanding (a) above the property in the goods shall remain in the Seller until the Seller has received full payment, therefore. If such payment is overdue in whole or in part the Seller may (without prejudice to his other rights) recover or resell the goods or any of them and may enter upon the Buyer’s premises for that purpose. If any of the goods are mixed or converted into other goods before such payment, the property in the whole of such other goods shall be and remain with the Seller until the Seller has received full payment. The Buyer agrees to store such goods or any mixture or conversion of those goods in such a way that they are readily identifiable as the property of the Seller. If the Buyer sells or disposes of the goods or such other mixture or conversion of the goods, the Buyer will hold the proceeds of such sale or disposal and any rights or claims against third parties from such sale or disposal upon trust for the Seller as security for the payment to the Seller of all amounts due to the Seller. The Buyer will take such steps as are necessary to keep such proceeds from other monies.
