All quotations are given and all orders are accepted subject to these conditions of sale and no others. These conditions which supersede any other sets of conditions appearing in the sellers catalogue or elsewhere shall override any other terms or conditions stipulated of incorporated or referred to by the buyer whether in the order or in any negotiations. The buyer acknowledges that no representations have induced him to enter in to this contract and that these conditions and the terms of the quotation constitute the entire understanding between parties. Any modifications of these conditions shall be ineffective unless made by an express written agreement between the parties. The signing by the seller of any of the buyer’s documentation does not imply a modification of these conditions.
Unless previously withdrawn the sellers offer to supply goods (hereafter called the quotation) is valid for 30 days from the date on which it is submitted to the buyer, unless such period is subsequently extended by the seller in writing. All quotations are subject to withdrawal or amendment at any time prior to acknowledgement by the seller of any order for goods referred to therein and also subject to materials being available at the time of acceptance of the order. Clerical errors are subject to correction.
Where the quantity ordered is less than the quantity stated in the quotation is ordered in installments less than those specified in the quotation the prices quoted are subject to adjustment as appropriate. The seller reserves the right at any time before delivery to vary the price of the goods if after the date of the quotation there is any increase or decrease in the total cost of such goods to the seller arising from cause beyond the sellers control. Provided that if any such price variation shall increase the price of the goods by more than 10% over the price contained in the quotation the buyer may by written notice to the seller cancel the non-delivered balance of the contract, unless the order is of a specialised nature.
Each delivery shall be considered a separate transaction and the failure of any delivery shall not affect the due performance of the contract. Every effort will be made by the seller to deliver the goods within the agreed delivery period but no guarantee of delivery date is implied and the seller shall not be liable for loss or damage occasioned by any delay in delivery. Where the buyer fails to accept deliveries In accordance with the terms and conditions of the order the balance of un-delivered goods shall be invoiced to the buyer, the goods being held at the buyer’s risk and any shortage and additional carriage costs being charged to the buyers account.
Subject to satisfactory references payment shall be made 30 days from invoice date. Otherwise payment is made in advance. If any sum owed by the buyer to the seller should be overdue for payment the seller may withhold any goods due for dispatch to the buyers under any contract without prejudice to the sellers rights and the buyers liability under such contract. The seller reserves the right to charge interest at the rate of 2% per month on any amounts overdue for payment. The seller reserves the right to make additional charge to the buyer in respect of freight, packaging, and handling where the total value of the order falls below a figure to be determined from time to time by the seller. Details of such figure will be made available to the buyer on written request to the seller. The seller reserves the right to vary this minimum order value from time to time.
6. Loss or Damage
The buyer will examine all goods immediately on receipt and notification of any shortage or damage shall be sent in writing both to the seller and the carrier within 14 days of receipt, unexamined signatures do not relieve the buyer of this liability and the seller shall not be responsible for any claim or claims if the buyer fails to comply with the provision of this clause. A clear signature on the seller’s delivery note will be prima facie acknowledgement by the buyer that the goods received are in all respect in accordance with the detail stated on the delivery note. Any claim for shortages must be made in writing and quote the delivery note number to which the shortage relates. All shortages must be noted in detail on the seller’s delivery note and countersigned by the delivery driver.
7. Rejection of Goods
The buyer shall within 7 days of receipt give notice in writing to the seller or any matter or thing by reason whereof he alleges that the goods are not in accordance with the contract, If the buyer shall fail to give such notice the goods shall be deemed in all aspects in accordance with the contract and the buyer shall have deemed to have accepted the goods and shall pay for the same accordingly. No goods shall be returned by the buyer without prior consent of the seller and the seller reserves the right to repair or replace all returned items at its discretion.
The seller’s liability for any shortage failure or defect in the goods supplied shall be limited to the cost of making good any such shortage failure or defect. It shall be the responsibility of the buyer to satisfy himself as to the fitness of the goods for any particular purpose and the goods are sold without any warranty express or implied as to their fitness for a particular purpose.
9. Force Majeure
Every effort will be made to carry out any contract based on the quotation but due performance of it is subject to variation or cancellation owing to acts of god, war, strike, lockout, fire, flood, drought, riot, civil commotion, restriction by government or other competent authority or any other cause beyond the seller’s inability to procure materials or articles except at enhanced prices due to any of the forgoing causes.
These conditions shall be constructed in accordance with and governed by the English law.
11. Equitable and Beneficial Ownership
Equitable and beneficial ownership shall remain with B.P.Y. Plastics limited until full payment has been received (each order being considered as a whole) In the event that goods are resold before payment is received in full B.P.Y. Plastics limited shall be entitled to the proceeds there of or to the claim for such proceeds.
Value added tax is added to all invoices at the current rate.