Conditions of Sale
In these conditions, unless the context requires otherwise:
1.1 ‘Buyer’ means the purchaser of the Goods;
1.2 ‘Conditions’ means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
1.3 ‘Delivery Date’ means the date specified by the Seller when the goods are to be delivered;
1.4 ‘Goods’ means the articles which the Buyer agrees to buy from the Seller as stated in order form annexed to these Conditions;
1.5 ‘Price’ means the price for the Goods excluding carriage, packing, insurance and VAT; and
1.6 ‘Seller’ means Charles Howey of 483 Green Lanes, London, N13 4BS England.
1.7 ‘VAT’ means Value Added Tax
2 Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 Price and payment
3.1 The Price shall be the Seller’s price set out in the confirmation of order form annexed to these Conditions. The Price is exclusive of VAT (if any) which shall be due at the rate ruling on the date of the Seller’s invoice.
3.2 Payment of the Price and VAT shall be due within 48 hours of the date of the delivery of the Goods, unless otherwise agreed in writing. Payment shall be made by direct electronic payment to the bank account of the Seller. Time for payment shall be of the essence.
3.3 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 7% above Nat West Bank plc’s base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
4 The Goods
The quantity and description of the Goods shall be as set out in the Seller’s confirmation of order.
5 Warranties and liability
The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller except for variations in colour, samples of which may have been provided to the Buyer.
All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
6 Delivery of the Goods
Delivery of the Goods shall be made to the Buyer’s address within 5 days or at a date agreed by the two parties. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery. Delivery will be made by tail-lift unless agreed otherwise, by both parties.
7 Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the Goods 24 hours after delivery to the Buyer.
7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
7.3 Refunds will be made in full for all claims within 24 hours of delivery.
8 Title and risk
8.1 Title in the Goods shall remain with the Seller until the Price has been paid in full by the Buyer. The Seller reserves the right to enter the Buyers property to recover those Goods that have not passed in title to the Buyer.
8.2 Risk shall pass on to the Seller at the point of delivery and the Buyer will accept no liability for damage to the Goods after this point.
9 Remedies of Buyer
9.1 Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the contract of sale.
9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
10 Proper law of contract
This contract is subject to the law of England and Wales.