1. DEFINITIONS a) The seller ‘The Potters Connection Ltd
b) Goods shall where the context so admits include raw materials , processed materials, or fabricated products whether manufactured by the seller or not
c) The ‘buyer’ shall mean the person, firm, or company for whom an order to supply goods is received by the seller .
d) Order means the order placed by the buyer for the supply of goods by the seller.
e) These conditions contain the entire obligations between the Seller and the Buyer and no variations or additions to these conditions shall be binding unless made in writing and signed on behalf of the buyer and seller.
f) If any particular case of these conditions shall be held to be invalid or shall not apply to the contract the other conditions shall continue to apply.
g) All quotations given and contracts made by the seller shall be subject to these terms and conditions to the exclusion of any terms or conditions appearing on any condition to the exclusion of any terms or conditions appearing on any document of the buyer unless expressly varied as hereinbefore referred to in clause numbered 1f.
2. GOODS a) Any specification of the goods is supplied in good faith and reasonable variation from the specification shall not make the seller liable.
b) No Guarantee is given by the seller as to the performance of any goods supplied, all technical information shall be regarded as approximate and should not be relied on by the buyer. The buyer must notify the seller of any defect within FIVE days.The seller reserves the right to not accept goods for return and refund if an unreasonable amount time has passed since there delivery and acceptance. This does not affect your statutory rights
c) THE BUYER SHALL SAMPLE AND TEST THE GOODS BEFORE USING THE BULK SUPPLIED.
d) If tests are required then such tests shall be in the presence of the buyers representative and shall be charged for.
3. THE PRICE a) The price of the goods shall be exclusive of VAT, delivery and be the price agreed by the seller at the time of acceptance of the order together with any increase in costs incurred by the seller in the preparation of or delivery of the goods supplied.
b) The Buyer shall pay for any loss or extra costs incurred by the seller through the buyers faulty instructions or through failure or delay in taking delivery or through any default on the part of the buyer, it’s servants, agents or employees.
4. PAYMENTS a) The Seller may in it’s absolute discretion having infor med the Buyer that the goods are ready for delivery refrain from delivering the goods until such time as the buyers tenders the purchase money to the seller in a form satisfactory to the seller.
b) The buyer shall pay all invoices in full in cash on the credit terms stated in the invoice. If goods are to be delivered in instalments the seller shall invoice each instalment as and when delivery thereof has been made or is available for delivery.
c) If the buyer has placed an order to take goods at specified times the default by the buyer in the payment of any invoice or the failure to give delivery instructions in respect of any g oods outstanding then all outstanding unpaid invoices relating to the order shall become due forthwith.
d) The buyer shall not be entitled to refuse or delay payment of the price by any set off lien or any other similar right or claim. e) Claims in respect of unsuitable goods shall not be grounds for withholding payment of accounts and shall not give the buyer any right of set off against payments due to the seller.
f) Interest at 2% per annum over the National Westminster Bank PLC base rate shall be payable by the buyer from the date on which payments became due until the date of payment. The seller may exercise his right in addition to any other right it may have in respect of the goods or non-payment.
5. TITLE a) The goods shall remain the sellers property until such time as the buyer has paid the agreed Contract price.
b) Risk in the goods shall pass to the buyer immediately upon delivery but until such time as the buyer becomes owner of the goods as defined herein (has paid the agreed Contact price for the goods) shall:
(a) store the goods separately and in a manner which makes them readily identified.
(b) acknowledge that the buyer is in possession of the goods solely in a fiduciary capacity for the seller.
(d) the seller may, for the purpose of recovery of good supplied by reason of the buyers non-payment herein or at any time if the seller judges that the amount outstanding from the buyer on a general statement of account between parties is in excess of the credit limit the seller is willing to accord to the buyer, at any time without notice, enter upon premises where they are stored or where they are reasonably though to be sorted and reposes the same irrespective of the appointment of any liquidator receiver or administrator and or claim money held on trust in accordance with this provision.
6. DELIVERY AND STORAGE a) Delivery dates by the seller indicate estimated delivery times and they will not amount to any contractual obligation to deliver at the time stated unless specifically provided for in writing in the Contract between parties. Goods will deem to be delivered at the Entrance to Delivery Address. Any further movements by Carriers or their representatives, shall be at the sole dicretion of the delivery person. The seller shall not be liable for direct or consequential loss or damage arising from delay in delivery.
b) Delivery will be deemed to be complete at a point near to the buyers place of work or nominated site as a hard even road will permit. The buyer is responsible for providing all labour information or facilities to affect prompt delivery and unloading. Failure to make such provision may render the buyer liable to extra charges.
c) If the seller does not receive instructions sufficient to enable delivery of the goods within fourteen days after the date of notification that the goods are ready for dispatch the buyer shall take delivery or arrange/pay for storage. If the buyer does not take delivery or arrange for storage the seller shall be entitled to arrange storage at their own works or elsewhere on the buyers behalf and all charges for storage insurance shall be payable by the buyer.
7. FORCE MAJEURE a) This order/contract is entered into on the express condition that the Seller is exempt from all liability arising from any hindrance whatsoever beyond the Sellers control which prevents or delays the due execution thereof
b) Deliveries may be suspended pending any contingency beyond the Sellers control, such as fire, accident, strike, lockout, breakdown, government priority orders, transport difficulties or delays, or force majeure, causing a short supply of labour, fuel or raw materials otherwise preventing or delaying the manufacture or despatch of the article.
8 LIABILITY Any liability of the Seller incurred herein sh all be limited to a maximum value of the invoice price of the Contract
9 STATUTORY AND OTHER REGULATIONS If the Sellers cost in performing there obligations under the Contract are increased or reduced by reason of an amendment after the date of Contract of any law, order, regulation or bye-law the amount of such an increase or reduction shall be added to or deducted from the Contract price.
10 EXPORT SALES
a) All of 1 to 9 herein shall apply
b) In the case of CIF and C&F Sales, any unforeseen increase in freight rates or other related costs after the date of the Sellers acceptance of the order shall be added to the buyers invoice
11 LAW AND JURISDICTION These conditions of sale and all sales hereunder shall be construed according to English Law and the jurisdiction of the English Courts
The Potters Connection Ltd (Company No 06404315) Stoke-on-Trent, England VAT No. 920919424 Tel: 01782 598729 Fax: e mail please SALES TEAM: [email protected][email protected]
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