Water Filters
Cleaning
Products
Boost Box
Locks
Becktech
Spare Parts
Spare Parts by
Manufacturer
Refurbishment
Terms of
Business
78
Terms of Business
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all prices are given by the Seller on an ex works basis, and
where the Seller agrees to deliver the Goods or any goods on
which the Services have been performed otherwise than at the
Sellers premises, the Buyer should be liable to pay the Seller’s
charges for transport, packaging and insurance.
4.4 The price is exclusive of any applicable value added tax,
which the Buyer shall be additionally liable to pay to the Seller.
5. Terms of Payment
5.1 Subject to any special terms agreed in writing between the
Buyer and the Seller, the Seller shall be entitled to invoice the
Buyer for the price of the Goods or the Services on or at any
time after delivery of the Goods or performance of the Services,
unless the Goods are to be collected by the Buyer or the Buyer
wrongfully fails to take delivery of the Goods, in which event
the Seller shall be entitled to invoice the Buyer for the goods at
any time after the Seller has notified the Buyer that the Goods
are ready for collection or (as the case may be) the Seller has
tendered delivery of the Goods.
5.2 The Buyer shall pay the price of the Goods or the Services
( less any discount to which the Buyer is entitled, but without
any other deduction) within 30 days of the date of the Seller’s
invoice, (notwithstanding that delivery may not have taken
place and the property in the Goods has not passed to the
Buyer).The time of payment of the price shall be of the essence
of the Contract. Receipts for payment will be issued only upon
request.
5.3 If the Buyer fails to make any payment on the due date
then, without prejudice to any other right or remedy available
to the Seller, the Seller shall be entitled to;
5.3.1 cancel the contract or suspend any further deliveries to
the Buyer.
5.3.2 appropriate any payment made by the Buyer to such of
the Goods (or the goods supplied under any other contract
between the Buyer and the Seller) as the Seller may think fit
(notwithstanding any purported appropriation by the Buyer);
and
5.3.3 charge the Buyer interest (both before and after any
judgement) on the amount unpaid, at the rate of 3% per
annum above National Westminster Bank plc base rate from
time to time, until payment in full is made (a part of a month
being treated as a full month for the purpose of calculating
interest).
6. Delivery
6.1 Delivery of the Goods shall be made by the Buyer,collecting
the Goods at the Seller’s premises at any time after the Seller
has notified the Buyer that the Goods are ready for collection
or, if some other place for delivery is agreed by the Seller, by the
Seller delivering the Goods to that place.
6.2 Any dates quoted for delivery of the Goods or performance
of the Services are approximate only and the Seller shall not
be liable for any delay in delivery of the Goods or performance
of the Services howsoever caused. Time for delivery shall not
be of the essence unless previously agreed by the Seller in
writing. The Goods may be delivered by the Seller in advance
of the quoted delivery date upon giving reasonable notice to
the Buyer.
6.3 Where the Goods are to be delivered in instalments, each
delivery shall constitute a separate contract by the Seller to
deliver any one or more of the instalments in accordance with
these Conditions or any claim by the Buyer in respect of any
one or more instalments shall not entitle the Buyer to treat the
Contract as a whole as repudiated.
6.4 If the Seller fails to deliver the Goods or perform the
Services for any reason other than any cause beyond the
Seller’s reasonable control or the Buyer’s fault, and the Seller
is accordingly liable to the Buyer, the Seller’s liability shall be
limited to the excess (if any) of the cost to the Buyer (in the
cheapest available market) of similar goods to replace those
not delivered over the price of the Goods or to the cost to
the Buyer (in the
cheapest available market) of having the Service performed.
6.5 If the Buyer fails to take delivery of the Goods or fails to
give the Seller adequate delivery instructions at the time stated
for delivery (otherwise than by reason of any cause beyond the
Buyer’s reasonable control or by reason of the Seller’s fault)
then, without prejudice to any other right or remedy available
to the Seller, the Seller may;
6.5.1 store the Goods until actual delivery and charge by the
Buyer for the reasonable costs (including insurance) of storage;
6.5.2 or sell the Goods at the best price readily obtainable and
(after deducting all reasonable storage and selling expenses)
account to the Buyer for the excess over the price under the
Contract or charge the Buyer for any shortfall below the price
under the Contract.
7. Risk and Property
7.1 Risk of damage to or loss of Goods shall pass to the Buyer;
7.1.1 in the case of the Goods to be delivered at the Seller’s
premises, at the time when the Seller notifies the Buyer that
the Goods are available for collection; or
7.1.2 in the case of Goods to be delivered otherwise than at
the Seller’s premises, at the time of delivery or, if the Buyer
wrongfully fails to take delivery of the Goods, the time when
the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the
Goods, or any other provision of these Conditions, the property
in the Goods shall not pass to the Buyer until the Seller has
received in cash or cleared funds payment in full of the price of
the Goods and all other sums due from the Seller to the Buyer
on any basis whatsoever have been finally paid in full.
7.3 Until such time as the property of the Goods passes
to the Buyer, the Buyer shall hold the Goods as the Seller’s
fiduciary agent and bailee, and shall keep the Goods separate
from those of the Buyer and third parties and properly stored,
protected and insured and identified as the Seller’s property.
Until that time the Buyer shall be entitled to resell or use the
Goods in the ordinary course of its business but shall account
to the Seller for the proceeds of the sale or otherwise of the
Goods, whether tangible or intangible, including insurance
proceeds, and shall keep all such proceeds separate from
any moneys or property of the Buyer and third parties and, in
the case of tangible proceeds, properly stored, protected and
insured.
7.4 Until such time as the property in the Goods passes to the
Buyer (and provided the Goods are still in existence and have
not been resold), the Seller shall be entitled at any time to
require the Buyer to deliver up the Goods to the Seller and, if
the Buyer fails to do so forthwith, to enter upon any premises
of the Buyer or any third party where the Goods are stored and
repossess the Goods.
7.5 The Buyer shall not be entitled to pledge or in any way
charge by way of security for any indebtedness any of the
Goods which remain the property of the Seller, but if the Buyer
