CONDITIONS OF SALE OF “Bucon Limited”
(Hereinafter called "The Company")
All Orders are accepted and executed on the basis that the customer is bound by these conditions of sale. Where there is any inconsistency between these conditions of sale and any conditions, which the customer seeks to impose, these Conditions of Sale shall prevail. No amendment or variation of these conditions will apply unless confirmed in writing by a Director of the Company. Acceptance of any goods supplied by the Company indicates an acceptance of these conditions.
2. VALIDITY OF QUOTATION
a) The company reserves the right to refuse to accept orders from a customer or to refuse the customers acceptance of a quotation given by the company unless such quotations is stated to be open for a specific Period and is accepted within such period and before being withdrawn by the Company. In the event of the receipt by the Company of an order from the customer, execution of the order is contingent upon availability of goods and the absence of circumstances beyond the company's control hindering or preventing such execution and in any event will not be binding on the company unless accepted by the company in writing.
b) No orders to the Company may be cancelled unless agreed by the Company.
a) Unless otherwise agreed in writing, all orders are executed subject to prices and any relevant discounts ruling at the date of despatch and any price lists of the company whether published or not shall not effect the right of the company to charge for goods in accordance with this clause. All prices are subject to the addition of Value Added Tax at the appropriate rate.
b) The Company reserves the right to make a handling charge on any orders the total invoice price of which (excluding VAT) is less than £750.00 for deliveries to England, Scotland and Wales and to £1000.00 for Northern Ireland and off shore UK islands or any such value as may be notified in writing to the purchaser.
a) Unless otherwise agreed in writing payment is due on delivery but exgratia (except in the event of emergency or insolvency of the customer) the Company's practice is that invoices are due for payment not later than 30 days from the date of invoice.
b) Where the contract is to be or may be fulfilled in separate instalments delivery or parts payments for each instalment, delivery or part shall be made as if the same constituted a separate contract.
c) No dispute between the parties hereto as to delivery, quality, contents or otherwise shall excuse payment of any invoice.
d) Interest will be charged on all overdue payments in accordance with the terms hereof from the date due to the date of payment at the rate of 15% per annum or such other rate as the Company may notify to the customer in writing.
e) Any banking charges incurred through uncleared payments shall be the liability of the customer and not the company.
f) Any disputes over payments shall be dealt within UK courts.
The Company shall be entitled to refuse to accept any order to sell on credit to any proposed Purchaser without providing any reason.
The Company reserves the right to choose the method of transport, carriage/postage will be charged at a standard rate of £25 on orders of less than £500. Postage on orders exceeding £500 will be charaged at 3% of total costs. The Company reserves the right to charge for any delivery outside Great Britain.
The Company will not be liable for any loss or damage or shortage after delivery unless the following instructions are complied with:-
a) Notification in writing received by the Company within seven days of the date of invoice if the goods are not received.
b) Consignments must be examined immediately on the arrival thereof. If any parcel appears to be damaged or pilfered the receipt must be marked clearly and appropriately.
c) The Company must be notified of the damage in writing within twenty-four hours of delivery and within four days of delivery a detailed claim must be sent in writing to the Company and the packaging retained and dealt with as directed by the Company.
The customer shall inspect the goods immediately on the arrival thereof and shall within four working days from such inspection give notice to the company of any matter or thing by reason whereby he may allege that the goods are not in accordance with the contract. If the customer shall fail to give such notice within such time limit, the goods shall be deemed to be in all respects in accordance with the contract and the customer shall be bound to accept and pay for the same accordingly and the company shall not be liable for any defect.
a) Any times quoted for despatch are estimates only and the company shall not be liable for failure to despatch, repair or replace within such time.
b) In any event whether a time for despatch would be quoted or not, the Company shall not be liable for any delay in despatch or delivery caused by instructions or lack of instructions or other necessary particulars from the customer or by individual dispute, act of God or by any cause whatsoever beyond the Company's reasonable control.
10. RETENTION OF TITLE
a) The risk in the goods comprised in all order shall pass to the customer upon delivery but the ownership shall remain with the Company until full payment has been received for all the goods comprised in all orders or until prior resale in which case the company's ownership and entitlement shall attach to the proceeds of such resale.
b) Should the goods comprised in any order become constituents or be converted into other products whilst subject to the ownership of the company the ownership in such other products shall pass forthwith to the Company as if they were the goods comprised in this order and accordingly, sub-clause (a) above shall as appropriate apply to such other products.
Should the customer default in paying sums due for goods supplied the Company reserves the right in its absolute discretion either to suspend all further deliveries until the default is made good or to cancel the balance of the order.
In no circumstances may goods supplied against an order be returned without the written consent of the Company. Where return of goods has been agreed a 15% handling charge will be incurred.
13. DESCRIPTIVE MATTER AND ILLUSTRATIONS
All descriptive and forward specifications, drawings and colours issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of a contract.
In the event of any employee of the company making any error in any term, contract, offer, acceptance or quotation, the Company may by notice in writing to the customer correct the same in which case (provided that the correction is adverse to the customer) the customer shall be entitled within seven days of such notice to cancel that portion of the order or purchase to which the said correction relates.
15. LIMITED COMPANIES
Where the customer is a Limited Company any contract entered into with the customer shall be deemed to be guaranteed by the directors of the said Limited Company and in the event of the Limited Company having a receiver appointed or an administrator appointed or entering into any other arrangement with its creditors, then the directors of such company shall become personally liable for all sums due under any contract with the Company.
16. LEGAL CONSTRUCTION
These conditions and any Contract following thereon shall be governed and construed in accordance with the laws of England.