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Terms
and Conditions of Sale of
Abbeychart Limited (the Seller)
To all Customers (the Buyer)
Unit 1b White Horse Business Park, Stanford in the Vale,
FARINGDON, Oxon, UK, SN7 8NY
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Goods
- are not tested or sold as fit for any particular
purpose and any term warranty or conditions express
implied or statuary to the contrary is excluded
in no circumstances whatsoever shall the Seller's
liability (in contract, tort or otherwise) to the
Buyer arising under or in connection with this contract
or the goods supplied hereunder exceed the invoice
of the particular piece(s) concerned. The Seller
shall be under no liability for loss or damage or
cancellation or delay howsoever arising caused by
circumstances outside his control. All offers or
quotations are void over 30 days duration. |
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The
Property - in the goods shall not pass to the Buyer
until the Buyer has paid to the Seller, the Buyer
shall sell the goods in such manner as to pass to
a third party a valid title to the goods, the Buyer
shall hold the proceeds of such sale on trust for
the seller. The Buyer agrees to payment of the whole
price of the goods the Seller may at any time enter
upon the Buyer's premises and remove the goods therefrom
and that prior to such payment the Buyer shall keep
for the purpose of any sub-sale. Notwithstanding
that property in the goods shall not pass to the
Buyer save as the goods separate and identifiable
for this purpose. Nothing herein shall constitute
the Buyer that Agent of the Seller provided above,
the goods shall be at the risk of the Buyer, from
the time of collection by or to delivery to him
of the goods or after the expiration of the rent
free period referred to below, whichever is the
earlier. An "All Risks" Insurance full
value cover to be arranged by the Buyer, until all
goods are paid for, to the satisfaction of the Seller.
Goods will be stored rent free for fourteen days
from the date of this contract or the date for collection
(if any is agreed upon) or the dates when goods
are available for collection, whichever is the later,
after which the Buyer shall pay rent at the charges
by Public Dock Authorities in the area. Any delay
caused by the unreasonable act or default of either
party or rail or road transport or craft furnished
by the other to be for the account of the party
causing the delay. All goods received by the Buyer
shall be clearly, marked, dated and stored as such
until full payment is made for these (original supplied
boxes "EVE" adhesive to be used with copies
of delivery note). The goods must be clearly identified.
This section is also referred to as being an all
monies clause. All bulk goods supplied are packed
and stored as such by the Buyer may be taken as
the last lot supplied with the same specification
on unpaid invoiced goods. |
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If
the Buyer - shall fail to make due payment of all
monies due by the Buyer to the Seller on whatever
account then until all such monies have been paid
the Seller shall be entitled to withhold delivery
of the goods or any part thereof and during such
time the goods shall be deemed to be not available
for collection. If the Buyer does or suffers to
be done anything which might prejudice his ability
to pay the full price he shall be deemed to have
repudiated this contract and the Seller may without
prejudice to his other rights accept such repudiation
without notice as termination thereof. The Buyer
shall take delivery or collect the goods within
the limit provided for under this contract, in the
event that he fails to do so within such limit,
the Seller shall be entitled to treat such failure
as repudiation of the contract and may without prejudice
to his rights accept such repudiation without termination
thereof. All monies are considered as due to the
seller which were agreed initially with the buyer
plus costs incurred with any repudiation procedures. |
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Failing
to Pay - Should the Buyer fail to make payment for
an agreed contract, without written good reason
for a justifiable cause, in accordance with British
Law, then the seller reserves the option to make
claim to any said indebtedness through whatever
means available. Where court applications are involved,
all disbursements are changeable to the Buyer, which
includes Court Costs, Interest Charges from date
of debt, Attendance Charges, Legal Advice Costs
and a Minimum Charge of £50.00 for time and
paperwork necessary by the Seller. All discount
amounts are forfeited and claimable with submission
invoices by the Seller to cover these lost discounts
occasions by the Buyer's failure to pay within the
agreed period of time. Statements are supplied monthly
and failure to inform of missing invoices within
40 days by the Seller necessitates a copy charge
by the Vendor of £10.00, Default Letters and
Credit Collection phone calls are £10.00 each.
Duplicate Invoices are £10.00 at any time. |
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Notice
- of any claim arising out of or in connection with
this contract must be given in writing to the Seller
within 7 working days from the date of when the
goods are collected or delivered, failing which
all claims shall be deemed to be waived and absolutely
barred. In any event the Seller shall be under no
liability for shortage or damage unless within 3
days of delivery the Buyer gives written notice
of claim otherwise on a consignment note or delivery
document to the carrier and to the Seller. The Seller
shall be under no liability whatsoever if bulk is
broken pending settlement of any claim, or, where
the goods collected or delivered include plywood
or particle board, if the marked battens on the
packages (if any) are not produced with the goods
for inspection by the Seller. Returns of goods or
cancellations are not permitted without the Seller's
written permit. All invoice value queries must be
made without delay and in any case within 18 days
of issue date. |
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No
Penalty Clauses are accepted whatsoever by ABBEYCHART
in any contract whatsoever whether directly or indirectly
presented by the Vendor at time of enquiry or contract
placing. Predetermined delay in full payment by
clients for a contract are not accepted by ABBEYCHART
from the client. Any insistence on this will be
liable to interest charges leviable on the Vendor.
Any quotations supplied are nett of any such items
as mentioned in this paragraph and where written
Director's Authority is given to override the aforementioned
clauses then it must be assumed that the potential
penalties must be added to the value of tenders. |
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If
it is agreed - that the goods must be processed
the Seller may arrange for such processing to be
performed by a third party and in such case the
operation shall be carried out on the Standard Terms
and Conditions of the Third Party. |
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All
sales "to arrive" - shall be subject to
shipment and safe arrival. Any variation in the
total of the war risk insurance rate or any charge,
tax, levy, duty or impost on the goods shall be
for the Buyer's account. Instruction for the delivery
to be given in time to enable them to be carried
out upon arrival. In the absence of such instruction
of if ordered by the Buyer to rail or road transport
or to craft and the Buyer fails to provide same
when goods are available the Seller may take such
steps as he may in his absolute discretion consider
to be necessary to clear the goods and may recover
from the Buyer all expenses thereby incurred. Special/Verbal
Instructions for goods' shipment, by the Buyer are
always totally at the Buyer's risk. |
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If
any contract(s) - made by the Seller to procure
the goods provided for variation of price(s) or
for the cancellation of such contract(s) in the
event of alteration in rate(s) of exchange and if
by virtue of such provision either the price of
any of the goods to be paid by the Seller, or the
Sterling equivalent thereof, is varied or the contract(s)
is cancelled then the price(s) if such goods under
this contract shall be varied by the same amount
or the Seller at his option shall have the right
to cancel this contract by notifying the Buyer in
respect of any goods not delivered to the Buyer
at that date. All contracts are deemed to be made
at the Seller's registered office unless otherwise
agreed in writing by the Seller. |
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Any
variation - in the cost to the Seller of affection
delivery of the goods to the Buyer or in charges
directly or indirectly the goods which occurs after
the date of the contract and prior to delivery of
the goods to the Buyer shall be for the Buyer's
account save that if any contract made by the seller
to procure the goods provides for cancellation of
such contract in the event of a refusal by the Seller
to agree to any written variation of the rate of
freight, and if by virtue of any such provision
such contract is cancelled, then the Seller have
the option of cancelling this contract by notifying
the Buyer in respect of any goods not delivered
to the Buyer at that date. Latest terms of sale
apply always to transaction(s) by Seller. |
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All
Terms - express or implied, relating to quality
of goods and warranties only the breach of which
gives no right to reject the goods or terminate
the contract in any circumstances whatever. All
agreements whatsoever have to be in writing. |
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All
Prices - quoted are exclusive of Value added Tax
where applicable. Payment for the goods shall be
made on or before the date fixed in accordance with
the terms agreed between the Buyer and the Seller
for the operation of the account between them. In
the event that payment shall not have been made
by such date the Seller shall be entitled to recover
from the Buyer interest or any outstanding balance
at the rate of 1. 1/2% per month of overdueness,
for the time being in force for the period from
such date until the date of payment. Any special
terms on DISCOUNTS from our catalogue or lists will
automatically be forfeited for overdue payments
and the full amount of the goods will be put to
the Buyer's charge by way of warning and subsequent
invoice covering the different amount for adding
to the Buyer's account. £10 is charged for
uncleared cheques from the client's bank. Recovery
costs or legal or court charges necessary for recovering
outstanding monies by the Buyer to the Seller are
fully the Buyer's responsibility. All such costs
shall be added to monies reclaimed by the Seller.
The Buyer pays for goods' shipments. |
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Accuracy
and Description of goods - Subject to where goods
are stated to be sold as complying with a recognised
trade or industry standard, all descriptions, specifications,
drawings and particulars of weights, dimensions
submitted by the Seller or otherwise contained in
the Seller's catalogues or brochures, price lists,
quotations and other published matter are approximate
only. All specifications, quotations and advice
given by the Seller or Agent to the Purchaser, are
given without responsibility relating to the goods,
unless given in writing by an authorised officer
of the Seller in reply to a specific request from
the Purchaser before or at the time the contract
is made. Verbal orders are accepted only at the
Purchaser before or at the time the contract is
made. Verbal offers are accepted only at the Purchaser's
sole and complete risk and errors are at his cost.
Catalogue terms and descriptions are of the essence
and other descriptions which vary and cause exchange
of goods and expense, are totally at the Buyer's
cost as are special Manuals, Drawings or Certificates. |
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Return
of Goods - We do not accept these without an official
written approval by Directors of the Seller. If
goods are specially produced or acquired for any
contract then no credit for client's return will
be given. In other cases an acceptance of returns
may only be considered in the light costs involved
and the Buyer's willingness to pay a restocking
charge, if agreed by the Seller. 30 days is the
maximum time from an invoice that any consideration
may be made with full identification, delivery notes
and reasons being submitted in writing. Exchange
of goods have to reflect the costs involved and
the differential of actual product prices, if agreed.
Returned goods need to be in pristine condition
also for resale, in a sorted and labelled condition. |
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All
Preparation or Internal Procedures or Commercial
or Technical "know how" - 8 used in compilation
of orders or contracts is regarded as confidential
and not for divulgence to a Buyer under any circumstances
by the Seller under any conditions or reason. |
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Where
these Terms and Conditions - in any way conflict
with any terms on which the Buyer has purported
to purchase the goods, then the provision of any
such terms of the Buyer shall be deemed to be ineffective
to the extent that they are registered promptly
with accordance with the Companies Act 1985 Part
XII as amended. Without prejudice to the other rights
of the Seller, if the Buyer fails to do so, all
sums whatsoever owing by the Buyer to the Seller
shall forewith become due and payable in a reasonable
time of say seven days of receipt of goods or acknowledgement,
whichever is the earlier. |
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Copyright
- Where goods are designed or made to a design by
a Seller and sold to the Buyer, the contract is
deemed as being one of provision of "know how"
and goods to the Buyer for an agreed price. Replication
of design or copying the product is regarded as
in infringement of the Seller's design and royalties
or commission are liable by the Buyer to the Seller,
during or after the event. Provision of specific
products by the Buyer excludes the Buyers right
to emulate, copy or replicate the items. |
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Negligence
of official officers representing the company to
maintain contract details, renders personal charges
for negligence. This clause also applies to officers
acting officially on behalf of the company in a
Receivers or Liquidators capacity. |
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