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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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| 1) |
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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| 2) |
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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| 3) |
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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| 4) |
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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| 5) |
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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| 6) |
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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| 7) |
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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| 8) |
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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| 9) |
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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| 10) |
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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| 11) |
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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| 12) |
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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| 13) |
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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| 14) |
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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| 15) |
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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| 16) |
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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| 17) |
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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| 18) |
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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