1 PRICE
All quotations are estimates only and the price current at the date of delivery or invoice shall prevail unless agreed in writing with the Company. Payment shall be due at the end of the month following delivery, or, if earlier, the date stated on the Company’s invoice. Payment shall be made without any set- off, counterclaim or lien of any kind on the due date.
2 INTEREST
The Customer shall pay interest upon demand at the rate of five per cent above the base rate on all unpaid sums from the due date to actual payment as well before as after judgement. Interest shall accrue from day to day and be computed on the basis of a year of 365 days for the actual number of days elapsed.
3 QUOTATIONS
All verbal quotations are invalid unless confirmed by the Company in writing. If there is a discrepancy between a verbal quotation and a written quotation, the written quotation shall prevail. All prices are quoted exclusive of VAT and delivery.
4 DELIVERY
Time shall not be of the essence of delivery. All delivery dates are estimates only and the Company shall not be liable for any loss or damage caused by delay. Goods will be deemed to be accepted on signature of a delivery note. In any other case the Customer shall be deemed to have accepted the Goods unless written notice of non acceptance is given within 3 working days of delivery specifying with reasonable particularity the Customers reasons for non acceptance. The Company may withhold delivery of any Goods if any sums due to it on any account whatsoever are not paid on the due date, or in the event of the insolvency of the Customer.
5 QUALITY
The Customer acknowledges that samples show the substance and general character only and that Goods shall be deemed to correspond with the sample if they are of any reasonably similar colour, thickness and shape. The Customer acknowledges that pottery ware Goods may contain minor blemishes, discolouration and speckling and shall accept them subject to such minor matters if they comply with the relevant British standard. Payment shall not be withheld on account of any such matters.
6 ORDERS
Once accepted, an order may not be cancelled without the consent of a director of the Company. All costs incurred by the Company as a result of cancellation shall be paid on demand by the Customer. If the Company is required to take any Goods into stock as a result of cancellation, the Customer shall pay re- stocking charges upon demand.
7 TITLE
Title to Goods shall pass to the Customer on payment for the Goods in full. The Customer shall deliver to the Company such Goods upon request and shall permit the Company to enter onto its premises to inspect and recover them. Risk in the Goods shall pass to the Customer upon delivery.
8 INSTALMENTS
Where delivery is to be made instalments, failure to deliver any instalment shall not entitle the Customer to terminate the Agreement. Acceptance of each delivery and payment for it when due are conditions precedent to the Company’s obligation to make further deliveries. If the Customer fails to accept (other than for cause) or pay for any due instalment the Company may terminate the Agreement or withhold delivery of further instalments.
9 DAMAGE IN TRANSIT
The Company’s only liability for Goods damaged in transit shall be to repair or replace them free of charge.
10 WARRANTIES
Goods are supplied subject to the warranties of the Company’s suppliers.
11 LIMITATION
Save in the case of personal injury or death arising as a result of defect in the Goods, the Company’s liability shall be limited to the repair or replacement of the Goods before installation and, once installed, the Company shall have no liability for defects in them. The Company shall not in any event be liable in contract, tort or otherwise for loss of anticipated profits or revenue or other consequential loss or damage arising from any cause of any kind.
12 TERMS
These terms apply to all contracts made by the Company in priority to the Customer’s terms and conditions of purchase. The Company does not accept any such terms unless and to the extent accepted by a director of the Company in writing.
13 TERMINATION
If the Customer commits any breech of this agreement or becomes insolvent or unable to pay it’s or his debts, or commits an act of bankruptcy or makes or offers to make any arrangement or composition with his or it’s creditors or any distress or execution is levied upon it or him, or its or his property or assets, or (being a limited Company) goes into liquidation, or has a receiver appointed over the whole or any part of its assets or undertaking; or in the reasonable opinion of the Company, the Customer is unable or unwilling to perform its obligations in this Agreement the Company may without notice, suspend or determine this Agreement or the unfulfilled part of it.
14 RIGHTS
The Company’s rights above are cumulative and without prejudice to its rights at law.
15 DEPOSITS
Deposits paid are not refundable and may be retained by the Company if the Customer breaks this Agreement.
