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1. The "Company" shall mean County
Confectionery Ltd, whose main place of business is at Penbeagle
Ind Est, St Ives, Cornwall TR26 2JH.
2. Any Contract for the sale of goods by the Company to the
Customer, whether it be formed by a written or oral order by the
Customer which is accepted in writing or orally by the Company
or otherwise, shall be subject to these conditions of sale, and
no variation to the Conditions shall be binding unless agreed in
writing between the representatives of the Company and the
Customer. These Conditions shall apply to the exclusion of the Customer's
conditions of purchase.
3. Prices of goods will be those current at the date of delivery
or collection. Prices will be subject to fluctuation without
notice but
every effort will be made to advise price changes in advance.
Prices quoted orally or in writing or shown in the Company's
price
lists are exclusive of any Value Added Tax and the Customer
shall be liable to pay to the Company Value Added Tax on such
prices where applicable.
4. a) The Company will invoice the Customer for goods supplied
on or at any time after delivery or collection of the goods and
the
Customer shall pay the price of goods (less any discount to
which the Customer is entitled but without any other deduction)
within thirty days of receipt of the invoice, or agreed terms.
b) Time of payment of the price shall be of the essence of the
contract, and if the Customer fails to pay for any goods on the
due
date the Company shall be entitled to charge the Customer
interest (both before and after any judgement) on the amount
unpaid
at the rate of Three percent per annum above the Lloyds TSB Bank
base rate from the date of the invoice until payment is
made in full.
5. a) The title to the goods shall remain vested in the Company
and shall not pass to the Customer until the Company has
received in
cash or cleared funds of payment in full of the price of the
goods and of all other goods agreed to be sold by the Company to
the
Customer for which payment is then due.
b) Until such payment has been made to the Company the Customer
shall hold the goods as the Company's fiduciary agent and
bailee and shall store the goods in a warehouse or other
suitable premises in such a manner that they shall be readily
identifiable
at all times as the property of the Company, and until such
payment has been made the Company shall be entitled to require
the
Customer to deliver up the goods to the Company and if the
Customer fails to do so forthwith the Company shall be entitled
to
enter upon any premises of the Customer or any third party where
the goods are stored and repossess the goods.
c) In the event of any sale of the goods or any part thereof by
the Customer prior to the payment in full of the price or in the
event of the damage or destruction of the goods prior to such
payment the Customer shall be and is hereby appointed trustee
in respect of the proceeds of such sale or any insurance
proceeds and shall hold the same in a fiduciary capacity for the
Company and shall forthwith account to the Company therefor.
d) Notwithstanding the foregoing sub-clauses the risk of damage
to or loss of the goods shall pass to the Customer in the case
of
goods to be delivered to the Customer at the time of delivery
and in the case of goods to be collected from the Company's
premises at the time of collection and the Customer shall insure
the goods for their full value against any such damage or loss.
6. Any shortage of or damage to goods must be noted by the
Customer on the Delivery Note before signature at the time of
receipt
of the goods or notified in writing to the Company at the above
address not later than three days after delivery of the goods.
7. All orders for goods made by the Customer are accepted by the
Company subject to availability of the goods at the time they
are
required by the Customer, and if any part of the goods ordered
by the Customer is not available when so required the contract
between the Company and the Customer shall be deemed to be
limited to those of the goods ordered which are available when
required by the Customer.
8. All goods warranted to be of the nature substance and quality
described in the agreed price list and to conform in all
respects to
the requirements of the Food and Drugs Act and all other
statutory enactments and regulations relating to the sale of
goods.
9. The Company shall not be liable to the Customer or deemed to
be in breach of contract by reason of any delay in delivering
the
goods if the delay or failure was due to any cause beyond the
Company's reasonable control including, but without prejudice to
the generality of the foregoing, strikes, lockouts or other
industrial actions or trade disputes (whether or not involving
the Company),
difficulty in obtaining raw materials or fuel interruption.
10. The contract will be governed and construed in accordance
with English Law.
11. When orders involve printing work, all alterations from the
original copy and after the first proof, including alterations
in style, will
be charged extra. No responsibility will be accepted for any
errors in proofs which have been passed by the Customer.
12. No goods will be accepted for return without our prior
agreement, and a handling charge will be made if goods are
accepted for
return for any reason other than faults of manufacture.
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