Conditions of Sale
In these Conditions:
“the Company” shall mean CREDENHILL LIMITED whose registered address is 10, Cossall Industrial Estate, Ilkeston, Derbyshire, DE7 5UG.
“the Purchaser” shall mean the individual, partnership, company, institution or other body to whom the Products are supplied by the Company.
“Products” shall mean products or services manufactured or dealt in by the Company.
|2.1||All orders are accepted and all contracts are entered into by the Company for the supply and sale of Products subject to these Terms and Conditions. Any Terms and Conditions stipulated by the Purchaser are hereby negated and excluded (unless expressly agreed in writing by the Company). The Contract between the Company and the Purchaser is constituted by the Company’s acceptance whether by the Company’s form of acknowledgement of the Purchaser’s order or by the dispatch by the Company of the Products and no contractual obligation binding upon the Company shall arise until such acceptance. The Purchaser hereby accepts that so far as any Terms or conditions which may be contained in any written order of the Purchaser are inconsistent with these Conditions they shall not be so accepted by the Company and shall be deemed severable and shall be severed from any order without affecting the validity of the remaining Terms and Conditions of the order.|
|2.2||These Conditions constitute the entire agreement between the Company and the Purchaser relating to the Products and unless expressly stated in these Conditions, all conditions and warranties whether express or implied, by statute, course of dealing or otherwise are hereby excluded. No servant or agent of the Products of the Company has authority to vary these Conditions orally or to make any representations whatsoever concerning the Products. Any information concerning the Products (including prices) contained in any catalogue, price list or publicity material is an indication only and no such information shall be binding upon the Company.|
|3.1||The price of the Products is exclusive of Value Added Tax or any similar tax thereto which shall be charged at the rate in force as at the date of invoice.|
|3.2||The price of the Products may be subject to change without prior notice.|
|4.1||Payment shall be due within thirty (30) days from the date of invoice unless otherwise stated. Without prejudice to its other rights in connection with late payment, the Company reserves the right to charge interest at the rate of 2% of total invoice value per month if full payment is not received within the 30 days period.|
|4.2||The Purchaser shall not be entitled to make any deduction from the price in respect of any set off or counter claim unless both the validity and the amount thereof shall have been admitted by the Company in writing.|
|4.3||Notwithstanding any other terms of the contract the granting of credit by the Company to the customer is the Company’s absolute direction and the Company therefore reserves its rights to suspend deliveries under this or any other contract until all goods already delivered thereunder have been paid for.|
|5.1||The Company shall not be liable in respect of any damage or discrepancy, shortage or loss in transit or any claim that the Products as delivered do otherwise not comply with the contract unless the following conditions are satisfied:
The Purchaser shall inform the Company in writing:
– within ten (10) days of receipt in the event of any damage, discrepancy or shortage or
– in the event that the Products as delivered do not comply with the contract.
|5.2||Special requests for delivery by courier or other special services will bear the extra carriage charge. Goods are normally sent by the Royal Mail and Parcelforce or by other means at the company’s discretion.|
6. RETENTION OF TITLE
|Until the Company has been paid in full for the Products comprised in this contract the Purchaser shall hold the Products in a fiduciary capacity as bailee for the Company and:|
|(i)||Title to the Products shall remain with the Company and the Purchaser shall store the Products in such a manner that they are clearly identifiable as the property of the Company; and|
|(ii)||the Company reserves the right of disposal of the Products and may retake possession thereof at any time and for that purpose may by its servants or agents enter upon any land or premises occupied by the Purchaser; and|
|(iii)||the Purchaser shall be at liberty to sell the Products in the normal course of its business provided that any monies so received are held separately on behalf of the Company to whom the Purchaser has a fiduciary duty to account for such monies to the extent of its indebtedness.
Notwithstanding the foregoing risk in the Products will pass to the Purchaser upon delivery.
|7.1||The Company reserves the right to withdraw or modify any designs or specifications without notice.|
|7.2||All Products are offered for sale by the Company subject to availability and, notwithstanding any acceptance by the Company, the Company shall not be liable in any manner whatsoever to the Purchaser in the event that it is unable to supply the Products ordered by the Purchaser.|
|7.3||The Company shall not be liable for any error or omission in the specification, measurements or other details contained on any orders received from the Purchaser.|
8. RETURNS AND CANCELLATIONS
|8.1||Items ordered in error by the Purchaser cannot be returned to the Company, its servants or agents for credit or reimbursement (unless otherwise expressly agreed in writing by the Company).|
|8.2||Where goods, ordered in error by the Purchaser are accepted for return by the Company, the Company will impose a restocking fee. This charge will be equivalent to 10% of the value of the goods returned but subject to a minimum payment of two pounds and fifty pence.|
|8.3||Cancellations will not be accepted by the Company after an order from the Purchaser has been dispatched by the Company (unless otherwise expressly agreed in writing).|
|8.4||All returned goods must include the date and number of the relevant invoice, and (except by prior agreement) will not be accepted for return after 10 days from date of dispatch.|
|8.5||Worn hosiery and appliances returned under complaint will not be accepted unless freshly laundered immediately prior to return.|
|8.6||Made to measure hosiery which has been made correctly to the measurements supplied to the Company cannot be credited or exchanged.|
|9.1||These Conditions and any contract between the Company and the Purchaser are governed by English Law and the Purchaser hereby agrees to submit to the jurisdiction of the English Courts in connection with any dispute concerning the contents hereof.|
|9.2||No forbearance, delay or indulgence by the Company in enforcing any of the Terms and Conditions of the contract shall prejudice the Company’s right to insist upon strict compliance therewith nor shall the same constitute any waiver or estoppel.|
|9.3||Information contained in these Conditions and any other written material provided by the Company to the Purchaser and User is believed to be accurate and is given in good faith, but it is for the User to satisfy itself of the suitability of the Product for its own particular purpose.|