TERMS & CONDITIONS OF SALE
TERMS & CONDITIONS OF SALE
In these Terms & Conditions "the seller" means Hunts Electrical Supplies Ltd and "the Purchaser" means the person, firm or company at whose request goods are supplied by the seller; and "goods" means any goods supplied to the purchaser under the contract. These Terms & Conditions comprise only the terms and conditions upon which the seller will do business with the purchaser and shall prevail not withstanding and printed or other conditions contained in any purchase order, acceptance of estimate or quotation proffered by the purchaser or otherwise brought to the seller's attention by the purchaser. No other agreement, representation, promise, undertaking or understanding of any kind unless expressly accepted in writing by a director on behalf of the seller shall alter, vary, supersede or operate as a waiver of these Terms & Conditions. The headings are for convenience only and shall not affect the construction or interpretation of these Terms & Conditions.
1. Contract
The Purchasers order to the seller is an offer to enter into a contract upon these terms and conditions. Acceptance occurs and the contract is formed by the seller's acceptance in any manner whatsoever of the purchasers order. A quotation by the seller does not constitute an offer.
2. Prices
All quotations are given at current prices but are subject to alterations without notice in accordance with the prices ruling at the time of delivery. We shall be entitled to recover from you by way of addition to prices such amounts, which you may become liable to pay in respect of Value Added Tax in relation to any goods or services supplied by us. Catalogues, price lists, and other advertising matter are intended to present only an indication of the type of goods offered and no price or other particulars contained therein shall be binding on us unless expressly included by reference thereto.
3. Payment.
Subject to the provisions of condition 5 below and to satisfactory trade, bank and other requisite references and where no other terms of payments have been specifically agreed in writing by the seller cash payment of the price in full must be received by the seller by the last day of the month following the month of invoice unless any sums due to the seller from the purchaser under any other contracts are outstanding in which event the price must be paid in full in cleared funds before delivery. Time for making payment shall be of the essence of the contract. Failure by the purchaser to pay any sums owing to the seller under this or any other contract will result in any indebtedness of the purchaser to the seller (whether pursuant to this contract or otherwise) becoming immediately due and payable and in addition entitles the seller at it's options (and without prejudice to any other right or remedy which the seller may have in respect thereof) to withhold deliveries or to cancel this contract or the balance thereof. The seller reserves the right at any time in its absolute discretion:
(a) To demand security for payment before continuing with any order or delivery of goods or any instalment; and/or
(b) If the seller has reasonable doubt about the purchaser's ability or willingness to pay on the due date to cancel the contract or to postpone delivery until payment is received.
In addition and without prejudice to any other rights of the seller late payment shall entitle the seller at it's option to charge interest on all overdue balances at the rate of 2% per annum above the base rate of Lloyds TSB Bank Plc from time to time in force and shall be calculated and accrue on a day to day basis from the date on which the payment fell due until payment (whether made before or after judgement has been obtained by the seller against the purchaser). The seller may at any time in it's absolute discretion appropriate any payment made by the purchaser in respect of goods to such outstanding debt as the seller thinks fit not withstanding any purported appropriation to the contrary by the purchaser.
4. Delivery
In all cases delivery shall take place and risk shall pass upon the purchaser collecting or upon the seller delivering the goods to the premises of the purchaser or to such other premises as may be nominated by the purchaser for this purpose in writing. Delivery dates are estimates only and the seller will not be liable to the purchaser for any loss or damage sustained by the purchaser as a result of the seller's failure to comply with such delivery dates. The purchaser shall not be entitled to refuse to accept late delivery or to treat late delivery as a breach of contract. The seller may at its option deliver by instalments. Where goods are ready for delivery the seller may agree to postpone delivery at the request of the purchaser provided that the purchaser pays the full price of the goods to the seller immediately. The seller may store the goods at it's own premises or elsewhere at the purchasers sole risk and all storage insurance and transport costs in connection therewith shall be paid by the purchaser. If the seller does not agree to postpone delivery the seller may at its own option treat the contract as repudiated by the purchaser in which event the seller shall (without prejudice to any other rights or remedies in respect of such a repudiation) be entitled to sell the goods to retain the proceeds of sale.
5. Retention of title
Until such time as the seller shall have received payment in full of all sums owed to it on any account by the purchaser (whether arising under this or any other contract) legal and beneficial in and ownership of all goods supplied ("the goods") shall remain in the seller. The purchaser shall at it's own risk and expense insure at it's own risk and expense insure all goods supplied by the seller from the date of delivery for their full replacement value against all risks and keep all goods safe and in good condition stored separately and clearly identifiable as the sellers property with all identifying marks intact and legible. Upon termination of the purchaser's powers of purchase, the price for all goods delivered but not paid for in full shall become immediately due and payable not withstanding the provisions of condition 3 above and in addition the seller shall be entitled to cancel all or any part of any orders or goods placed with it by the purchaser and not yet delivered (whether or not accepted or whether or not under the contract or any other contract).
6. Packing & Transit
All goods are carefully packed and consigned in good condition. They are signed for as such for the carriers who are then responsible. In the event of any goods being damaged in transit, it is essential that the purchaser sign them as "damaged" or "unexamined". It is also essential that the purchaser notify both the seller and the carriers of all claims for damage or loss within three days from receipt of goods or and suspicion or indication that the goods may have been lost in transit. Failure to do so within three days will result in the claim not being recognised.
7. Carriage
Carriage will be charged at the displayed price depending on which option the purchaser chooses. The seller reserves the right to charge the purchaser for any costs incurred where in pursuant to the purchasers orders the seller specially orders goods from manufacturers or for special delivery. Same day delivery is price on application.
8. Returns
Goods may not be returned without the seller's prior agreement. The seller reserves the right to determine at its sole discretion whether to accept the return of goods. Goods returned must be consigned carriage paid and accompanied by a packing note stating the seller's delivery note number. All goods returned will be subject to a 25% handling charge unless otherwise agreed prior to despatch and confirmed in writing by the seller.
9. Guarantee
The purchaser that the seller is not the manufacturer of the goods and that accordingly the seller shall have no liability in relation to any defect in or failing of the goods other than to use it's reasonable endeavours to attempt to pass to the purchaser the benefit of any guarantee given in respect of the goods by their manufacturer. The purchaser will be deemed to have inspected and quantified the goods upon delivery and the seller shall have no liability to the purchaser in relation to short delivery of the goods which was apparent on inspection or which would have been apparent on inspection unless such short delivery is notified in accordance with condition 6.
10. Cancellation
The contract is not cancellable without prior written consent of a director on behalf of the seller. The seller will not consent to cancellation of order of goods, or their return other than on terms that will indemnify the seller against all loss incurred.
11. Law
These terms and conditions shall be governed by and construed in accordance with English law and the courts of England and Wales shall have exclusive jurisdiction to decide any disputes.
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