CONDITIONS OF SALE
1. All goods supplied by us are subject to the following conditions which shall be deemed to be incorporated in every contract relating to such goods.
2. No order shall be binding upon unless accepted by us in writing, nor shall any order be cancelled, countermanded or varied except with our consent which will indemnify us against loss.
3. The delivery period quoted is to be calculated from the date on which we receive and accept in writing a written order. Whilst every effort will be made to adhere to the period quoted, such a period is an estimate only and shall in no case form part of the contract.
4. Except where specifically stated to the contrary, the customer’s delivery or collection address shall be the address to which the first consignment of that customer is delivered.
5. Except when specifically stated to the contrary by us at the time of acceptance of order the goods will be charged at the price ruling at the time of acceptance of order.
6. Punctual payment as stipulated is of the essence of the contract. No defect, actual or alleged, in the goods shall operate to interfere with terms of payment which must be carried out in any event. Invoices shall be chargeable on delivery.
7. subject to the terms of payment being adhered to, we undertake to replace free of charge goods which are found to be defective due to faulty manufacture or transit damage between manufacturers premises and the customers delivery address. In the event of minor damage which can be repaired the customer, the cost of such repairs shall be borne by us provided they are notified to us and accepted by us in writing before any work is carried out.
8. In no case will the property in any goods pass to the customer until payment has been made to us of the full contract price for the goods. In the event of non-payments, the customer is deemed irrevocably to have authorised us to enter the premises in which the goods are situated and to remove the same at the customer’s expense. The customer whenever in possession of any goods in which the property had not passed to him shall keep the same fully insured and indemnify us against loss.
9. All contracts shall in all respects be deemed to operate as English contracts in conformity with English Law and shall be subject to the jurisdiction of the English Courts.
10. If any dispute shall arise between us and any customer concerning any matter or thing arising in respect of any contract or agreement or any alleged contract or agreement between us and any such customer, or in respect of any order accepted or alleged to be accepted by us, or any goods or service made, supplied or fulfilled or purported to be fulfilled by us. Any such disputed shall be deemed to arise within the County Court district in which our office at St. Botolph’s Lane, Bury St Edmunds is situated.