TERMS OF TRADING 1. GENERAL:
PX Manufacturing & Distribution Company Limited, hereinafter called the 'Seller' only accepts Orders from the 'Buyer' of the goods, under the following terms and conditions repeated herein. No modification of these terms and conditions shall be effective unless agreed in writing and signed by a Director of the Seller. No binding contract shall be created by the acceptance of a Quotation or Offer made by the Seller until notice of the acceptance of the Buyers Order is given in writing by the Seller.
2. QUOTATION OF PRICES:
All prices quoted by the Seller for goods produced to the Buyer are exclusive of VAT and are open for the period stated therein or when no period is so stated are open for acceptance for a period of 30 days only from the date of quotation. Quoted prices can be fixed for price list items which will be subject to the price ruling at the date of despatch, or will be subject to variation according to material cost at the time of manufacture.
3. DELIVERY:
Carriage to destination in UK mainland will be paid on all Orders to the value of
2000 GBP and over. For orders less than 2000 GBP value there will be a small
Delivery charge. Time of Delivery shall not be the essence and any delivery period quoted is an estimate only and commences from the Sellers acknowledgement of the Buyers Order. While every effort will be made to despatch goods by the date required no liability will be accepted for delay or failure to deliver from any cause beyond our reasonable control.
4. LOSS OR DAMAGE IN TRANSIT:
The Buyer must notify the Seller and the Carrier in writing in case of:
- non-delivery within 7 days of Invoice.
- damage or shortage within 3 days of receipt.
Damaged goods and packing must be retained for inspection. Buyer shall quote the Invoice/Despatch document number in any
correspondence.
5. TITLE OF THE GOODS:
All merchandise supplied by the Seller is supplied strictly upon terms that the property in such merchandise and the title there to does not pass to the Buyer (whether or not he has taken delivery of the goods or any part thereof) until the Seller has received in cash or cleared funds payment in full of the price of the merchandise and of all other merchandise agreed to be sold by the Seller to the Buyer and until such time as the property in the merchandise passes to the Buyer he shall ensure the good condition of such merchandise.
6. TERMS OF PAYMENT:
The time for payment shall be the essence of the contract. Payment shall be due 30 days from the end of the month of Invoice. The Seller reserves the right to charge interest before and after any judgment at 2% per month on any sum outstanding after the due date. Payment shall not be withheld on account of any claim by the Buyer against the Seller. The Seller reserves the right to suspend all or any new deliveries or to accept any new Orders, where payment for any Invoices has not been made by the due date and remains outstanding and in addition the Seller shall be entitled to claim damages from the buyer.
7. DEFECTIVE GOODS AND LIABILITY:
The Seller guarantee at its entire discretion to replace or repair faulty goods, or refund the price paid at the Sellers absolute discretion. Providing the goods have not been caused by misuse, neglect, method of
storage, faulty installation, handling, testing or repair, or by alteration or accident. Without prejudice it is expressly agreed and understood by the Buyer that the Sellers liability in respect of defective or otherwise non-merchantable goods shall under no circumstances whatsoever, extend beyond the price paid for such goods and the Seller shall not be liable for any damages whether direct or consequential to the Buyer, its employees, his customers, or to any third party, or any consequential loss or loss of profit in connection with any goods supplied.
8. FORCE MAJEURE:
The Seller shall have no liability in respect of delay or failure to deliver or in performance of any obligation under the contract due to any cause outside the Sellers control.
9. RETURNS:
Goods will not be accepted back by the Seller for credit unless written approval has been obtained by the Buyer and in such cases goods should be returned to the Seller carriage paid.
10. LAW:
Any question relating to any quotation or any contract subject to these conditions or agreed variations is subject to English Law.
|