Contract and Terms & Conditions of Sale
1. Terms of Payment
The company reserves the right to demand payment prior to delivery by ‘pro forma’ invoice or ‘cash on delivery’ unless or until the purchaser has an account with the company. Applications for a credit account can only be processed for customers ordering in excess of one hundred litres per calendar month. The company reserves the right to withhold deliveries and place an account on ‘stop’ if payment terms are not met.
Payment by account customers is required by 20th day of the month following the month of invoice.
Interest may be charged daily for all overdue accounts. In the event that we need to use a debt recovery agent, all these costs will be added to the original debt.
2. Passing of Title
(a) In spite of delivery having been made, property in the goods shall not pass from the Company until the Purchaser shall have paid the price plus VAT in full.
(b) Until property in the goods passes to the Purchaser in accordance with (a) the Purchaser shall hold the goods on a fiduciary basis as bailee for the Company.
(c) The purchaser shall store the goods in its possession in such a way that they are clearly identified as the Company’s property.
(d) Notwithstanding that the goods remain the property of the Company the Purchaser may sell or use the goods in the ordinary course of business for the account of the Company. Any such sale or dealings shall be a sale or dealing of the Company’s property by the Purchaser on the Purchaser’s own behalf and the Purchaser shall deal as principal when making such sales or dealings. Until property in the goods passes from the Company the entire proceeds of sale of the goods shall be held in trust for the Company and shall at all material times be identified as the Company’s money.
(e) Without prejudice to any other rights or remedies arising out of any breach of contract by the Purchaser the Company shall be entitled to repossess all or any of the goods upon the invoice relating to the goods remaining outstanding for more than (7) days after the due date. For the purpose of this repossession the Company or its agent shall be entitled to enter upon any relevant land or buildings with or without vehicles. All costs incurred by the Company or its agent shall be borne by the Purchaser.
3. Passing of Risk
Risk in the goods shall pass to the purchaser at the point of delivery.
4. Non-compliance with Specification
The company will, at its option, replace or give credit for any products which do not comply with specification, providing that the purchaser gives immediate notice thereof to the company and that the company is afforded prompt and adequate opportunity to inspect said products and compare with the company’s retain sample.
5. Force Majeure
Whilst the company undertakes to do its utmost to execute every order within the specified period, the company cannot accept responsibility for any failure or delay in performance of the contract if and so long as; such performance is prevented or hindered by circumstances of any kind outside the company’s direct control.
6. Transport Costs
(a) Where a special delivery is requested, outside our normal delivery schedule the cost is to be met by the Purchaser
(b) If a carrier is used at the request of the Purchaser and the cost is borne by the Purchaser, delivery occurs at the point we load the goods onto the carrier and any risk passes at that point.
For carrier read haulier courier.
7. Legal Construction
The contract shall, in all respects, be construed and operate as an English contract in conformity with English law.