Terms And Conditions For Wholesale and Invoice Customers
The following legal notice applies to Wholesale Customers, and Customers who have completed credit application process and likewise have credit facilities applied to their registered account.
1 Payment (a) Credit Payment terms are nett 30 days from date of invoice unless otherwise agreed or advised in writing by the seller irrespective of delivery date and payment shall be due in accordance with these terms not withstanding the provisions of clause 7 herein. (b) Overdue accounts will be subject to charge for simple interest from the due date at bank base rate plus 8% under legislation effective 1 November 2000 in The Late Payment of Commercial Debts (Interest) Act 1998. (c) Accounts which remain overdue for more than one calendar month will be collected by a debt collecting agency.
2 Prices (a) All prices are exclusive of Value Added Tax which will be chargeable at the rates in force at the time of despatch. (b) Listed prices are subject to amendment without notice but where practicable the seller will endeavour to give notice of amendments. (c) Customers who fail to respect the payment terms detailed herein or otherwise agreed or advised in writing by the seller will not qualify thereafter for any special terms or discounts and will be supplied thereafter on a pro-forma basis only.
3 Delivery (a) All orders of £100 or over in value exclusive of VAT are delivered carriage paid to one destination in mainland UK. The free mainland UK areas are defined by our delivery and distribution partners’ such free delivery areas are subject to amendment without notice but where practicable the seller will endeavour to give notice of amendments. (b) Orders below £100 in value exclusive of VAT will be subject to carriage that is charged extra at cost. (c) Orders will normally be despatched within 5 working days of receipt unless otherwise advised or requested. (d) All dates specified as to delivery or collection of the goods are estimates only and the seller shall not be liable for delay or any damage or inconvenience sustained by the buyer as a result of any such date not being met. In all cases time shall not be of the essence. (e) Notwithstanding any express agreement as to the date of delivery or collection the seller shall be entitled to postpone or cancel delivery or collection in whole or in part when it is delayed in or prevented from making or obtaining any goods or materials or parts or components or services therefore or making delivery of goods by any cause beyond the seller’s reasonable control. (f) Where goods are ready for delivery or collection the seller may postpone delivery or collection at the request of the buyer. In such event the buyer shall make the payment as if the goods were delivered or collected and invoiced on the date of such request. The seller may store the goods at its own premises or elsewhere at the buyer’s sole risk and all storage insurance and transport arrangements shall be the buyer’s sole responsibility. (g) Where reasonably necessary delivery may be made by instalments and any failure or default in one instalment will not vitiate the contract as to the remaining instalments. The seller will make all reasonable efforts to complete delivery within a reasonable time. (h) Where delivery is expedited at the request of the buyer an additional charge may be made for expedition at the seller’s discretion and any defects reasonably attributable to such expedition shall be the buyer’s sole responsibility. (i) If the buyer fails to take delivery of 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 (including its right to payment) the buyer shall indemnify the seller in full against all losses, damages, charges and expenses incurred by the seller as a result of the buyer’s said failure to take delivery or give adequate delivery instructions. (j) Case units specified in the price list will not be split.
4 Pallets (a) Where practicable or otherwise requested by the buyer all orders will be delivered palletized and wrapped and accompanied by a Delivery Note. (b) The seller may operate a Pallet Control System. (c) Where the seller operates a Pallet Control System, any pallets not replaced or returned to the seller within 2 months of delivery of same to the buyer may be charged for at cost.
5 Claims (a) All deliveries or collections of orders must be signed for dated and timed on receipt by the buyer or its warehousemen bailees or agents. (b) Any claims for loss, damage or pilferage of goods in transit must be noted and signed for on delivery by the buyer or its warehousemen bailees or agents and submitted in writing within seven days of delivery. (c) Deliveries signed for ‘unchecked’ are done so at the buyer’s sole risk. (d) Any query on invoice must be submitted in writing within seven days of issue of same and will not be accepted at any later date.
6 Warranty (a) The seller does not warrant the fitness of the goods for any particular purpose even though that purpose may be known to them and no such warranty is to be implied from the name or description under which the goods are sold. The seller shall be under no liability for any damage arising directly or indirectly out of the supply or use of the goods. (b) Goods represented by the buyer to be defective shall not form the subject of any claim for work done by the buyer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects but such goods if returned to the seller and accepted by them as defective will at the request of the buyer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be ground for cancellation of the remainder of the order or contract.
7 Ownership So long as any monies remain outstanding to the seller in respect of any goods sold subject to these conditions the seller will retain equitable and beneficial ownership of all such goods until all the indebtedness has been discharged.
8 Proofs & Samples Unless otherwise agreed in writing by the seller all proofs sketches samples cutting and creasing forms printing stereo plates or work produced at the buyer’s request either experimentally or otherwise will be charged for. All charges on and after first proof including alterations in style will be charged extra. No responsibility will be accepted for any errors in proofs sketches samples cutting and creasing forms printing stereo plates or work which has been approved by the buyer.
9 Risk The risk in the goods shall immediately pass to the buyer upon collection or delivery of the goods into the custody care or control of the buyer or its warehousemen bailees or agents and the buyer thereafter shall be responsible for all claims actions and losses arising out of or in any way associated with the goods.
10 Application By ordering any goods from the seller the buyer will be deemed to have accepted that these conditions or any of them take precedence over any other conditions contained on or in any letter acceptance form receipt or the like received by the seller in connection with the goods so ordered and that any such other conditions will not form part of the contract between the seller and the buyer for the sale of such goods.
11 Errors The seller reserves the right to correct any printing or clerical or other accidental errors or omissions in quotations invoices and other documents and no contract shall be invalidated by reason of any such errors.
12 Latitude The above conditions or any of them cannot be varied suspended or added to except with the written agreement of Deltapoint Ltd authorised officers.
13 Waiver No forbearance or indulgence on the part of the seller in enforcing these terms and conditions shall prejudice its strict rights hereunder nor shall it be construed as a waiver thereof.
14 Law The construction validity and performance of any contract shall be governed by the laws of England.