The conditions set out below apply to all contracts entered into by SDL Supplies and its trading divisions ("The Company") for the sale of materials and/or equipment to any part of the world. It is a condition of all such contracts that the terms or conditions specified by the Buyer (and this expression in these conditions is defined to mean the person, business or Company buying or ordering the goods) from the consented in writing and the Company Officer making such variations was authorized by the Company to do so. The Company reserve the right to alter its prices, terms and conditions without notice and goods will be invoiced at the price quoted by the Company are Ex Works. The Company reserve the right to make a charge for delivery. A handling charge will apply, at the prevailing rate, to any unauthorized returns along with any additional costs, goods cannot be supplied on a sale or return basis.
All Export Orders below £250.00 in value (or foreign currency equivalent) are subject to a £50.00 surcharge. The Company reserves the right to vary both the minimum value figure and the amount of the surcharge from time to time and without notice.
ACCEPTANCE OF ORDERS
A Contract of Sale between the Company and the Buyer is only concluded when the Company dispatches its written Invoice to the Buyer. Such a contract is subject to these Conditions but the Company reserves the right to include in its Invoice either, the whole or only part of the Goods supplied in the Buyers original order and such an Invoice shall not operate or be construed as a rejection by the Company of the Buyers Order or of the balance of the Order. The Company gives no guarantee that goods featuring in its catalogues, advertisements, price lists or sales literature will in fact be available for sale and the Company may at its sole discretion, delete any of its products without recourse to the Buyer at any time up to the date of delivery.
The Ownership of the products shall remain with the Company which reserve the right to dispose of the products until payment in full for all the products has been received by it or such time as the Buyer sells the products to its own Customers by way of a bonafide sale at full Market Value. If such payment is overdue in whole or in part the Company may without prejudice to any of its other rights recover or resell the products or any of them, such payment shall become due immediately upon the commencement of any act or proceeding in which the Buyers solvency is property in the whole of such other products are incorporated in or used as material for other products before such payment the property in the whole of such other products shall be and remain with the Company until such payment has been made or the other products have been sold as aforesaid and all the rights of the Company hereunder in the products shall extend to those other products.
All goods shall be at the risk of the Buyer in respect of loss or damage in transport or non-delivery. The Company will use its best endeavours to deliver the goods in accordance with the buyers requirements but cannot be liable for any delay in delivery, or the consequences thereof howsoever arising and any such delay shall not entitle the Buyer to reject the goods or cancel the Contract
RETENTION OF TITLE
The Buyer acknowledges before entering into an agreement for the purchase of any goods from the Company he is not insolvent and has not committed any act of bankruptcy or being a company with limited liability, knows of no circumstances which would entitle any debenture holder or secured creditor to appoint a receiver, administrative receiver, or liquidator, to partition for winding-up of the company or exercise any other rights over or against the company`s assets. All goods supplied to the Buyer shall remain the sole and absolute property of the Company as legal and equitable owner until such a time as the customer shall have paid the Company the agreed price together with the full price of any other goods subject of any other contract with the Company. Until such time as the Buyer becomes the owner of the goods he will store them on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company. These terms are expressly accepted by the Buyer as a condition of sale and override any other conditions.
PAYMENT
Payment must be made in full on receipt of the Goods or in advance as no credit terms are given unless specific terms have been agreed in writing and signed by a Director of the Company. Increases of goods being paid on extended credit terms that have been agreed by both the Company and the Buyer, The Company Reserves the right to demand payment at seven days notice if the Company should so wish. It is expressly stated that Goods are not sold on sale or return and therefore any cancellation of payment by the Buyer will be recoverable by Law.
GUARANTEES
The Company gives no guarantee or warranty on goods supplied other than that given by the manufacturers concerned. In the case of the Company manufacturing goods then goods shall be guaranteed for 6 months only. The Company will accept no liability for consequential loss or damage arising from goods or damage arising from goods supplied by the Company. The Buyer must return any faulty products under Guarantee.
OVERDUE ACCOUNTS
It is expressly agreed that the interest is payable from the date specified on the Company`s Invoice as being the contractual date for payment until the actual day of payment at the rate of 3 percent per month. Where the overdue period is denominated on the Invoice in a currency other than sterling the Company reserves the right to recover from the Buyer the actual exchange loss it sustains because of the delay in payment. All costs incurred in recovering overdue accounts are to be paid by the client, this also includes letters written chasing overdue money which are charged at £10.00 each and representation of cheques at a charge of £25.00 each time represented.
CARRIAGE & DELIVERY
The Company reserves the right to charge delivery, which may include an amount for packing materials, on all orders not collected. Delivery is a service provided to the customer instead of collection and should goods arrive with a fault or damaged the delivery charge or service does not cover delivery back to the Company. If the goods arrive and they do not work correctly then the customer should (i) notify the Company within 3 days of the delivery and (ii) return the goods within 5 days of the invoice date. The Company agrees to arrange freight for international Buyers, the amount of freight paid and /or incidental shipping charges will be the liability of the Buyer.
INSURANCE
Unless otherwise agreed, the Buyer is responsible for arranging Insurance cover on all deliveries, If the Company arranges Insurance for the Buyer it shall not, in so doing, become liable for any unsatisfied claims under the relevant Policy but it shall be entitled to retail any Insurance monies otherwise payable to the Buyer in the event that money is owing by the Buyer to the Company.
NO AGENCY
No contractual relations between the Company and the Buyer shall have effect of constituting the Buyer the Agent or Distributor for the Company unless there is a written Agreement specifically to that effect.
PROMPT EXAMINATION
The Buyer is under a duty to examine the goods immediately upon their receipt and the Company reserves the right to reject claims relating to breakages or shortages which have not been made in writing to the Company within 3 Days from the date of actual receipt by the Buyer of the goods in question.
DEFECTIVE GOODS
No Liability can arise against the Company in respect of defects in the goods, their description, their quality, their fitness for any particular purpose for their packaging unless the Company is notified by the Buyer of the complaint within 3 Days of the Buyer`s receipt of the goods. In the event of the Buyer making any such complaint and within the time limit the Company reserves the right at its sole discretion to make a refund, grant a credit note, or replace some or all of the goods or to take whatever other steps it considers appropriate. It is a condition precedent to the Company considering complaints as herein described that the Buyer demonstrates to the Company`s satisfaction that there has been no undue delay on the Buyer`s part in unloading or obtaining Customs clearance for them. Not withstanding anything specified in these conditions the Company shall in no circumstances be under any liability to the Buyer in respect of indirect or consequential loss howsoever and wheresoever arising.
CANCELLATION
The Company is entitled to terminate the Contract and to deliver no further goods in the event of the Buyer:-(i) Being in breach and not having complied. (ii) If the Buyer fails to make any payments to the Company by the due dates or (iii) If a Company goes into liquidation or has a receiver appointed and if any individual becomes subject to Bankruptcy Proceedings (or their equivalent in the Country he carries on business). Discretionery order cancellation by the company will be subject to a canellation charge.
FORCE MAJEURE
The Company reserves the right to terminate the Contract or vary or suspend its performance should events occur which are outside the control of the Company but have the effect of disrupting the Company`s performance of the contract, for example, but not by way of limitation, strikes, lock-outs, riots, national emergencies, hostilities, non-availability of materials, fire, floods or storms.
RESTRICTION OF SUB-SALES
Subject to any agreement in force between the Company and the Buyer, the Buyer hereby agrees not to resell any of the goods the subject matter of this Contract if such sub-sale involves delivery to an area other than that to which the Company originally consigned the goods to the Buyer. Further, should the Buyer sell the goods to any third party then he will impose a similar restriction on such a third party but the Company shall, at its sole discretion have the right to waive this requirement. Loyalty Discounts and Customer Offers Discounts and offers relate only to specific products and limited periods. Please check the detail of your offer before placing your order or call sales for further details.
GOVERNING LAW
These conditions and this agreement are subject to English Law and to the exclusive jurisdiction of the English Courts. We do not accept responsibility for errors or ommissions. All purchases are expressly subject to the company's terms and conditions and no others.
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