The risk in the goods shall pass to The Buyer when the Goods are delivered to the Buyer or their agents.
The title to the goods shall pass to the Buyer upon cleared
payment in full of the invoice price including delivery costs, and
ownership of the goods shall remain with The Company until The Company
has received in cash or cleared funds payment in full. The Company
reserves the right to dispose of the Goods until payment in full for
all of the Goods has been received and cleared by the Company in
accordance with the terms of this contract.
Until title passes to The Buyer, The Buyer shall hold the goods as
The Company's fiduciary agent and bailee. The Goods shall be stored
separately from any other goods and the Buyer shall not interfere with
any identification marks, labels, batch numbers or serial numbers on
the Goods. The Buyer should be responsible for protection and insurance
of the Goods.
The company shall be entitled at any time to recover any or all of the
Goods in the Buyer's possession to which The Company have title, and
for that purpose The Company, it's employees or agents may with such
transport as is necessary enter upon any premises occupied by the Buyer
or any third party or to which the Buyer has access and where the Goods
may be or are believed to be situated.
The buyer shall be solely liable for the cost of delivery.
Suggested delivery date and promises of delivery are made in good
faith and every effort will be made to keep to delivery dates given but
time of delivery shall not be the essence of this contract and the
Company shall not be liable for any loss or any damages whatsoever
whether direct or indirect (including for the avoidance of doubt any
liability to any third party) resulting from any delay in delivery,
damage in transit or failure to deliver the Goods in a reasonable time
whether such delay, damage or failure is caused by the Company's
negligence or otherwise howsoever.
A reasonable inspection must be made at the time and point of
delivery and any delivery signed for by the Buyer or their agent as
being in good condition upon delivery cannot subsequently be the
subject of a claim against the Company for damage, shortage or loss in
transit. The carrier's proof of delivery should be endorsed with the
words DAMAGED or MISSING PARCEL (where there are more than one parcel
in the consignment and one or more are not delivered) where appropriate
when Goods are delivered by the Company or their delivering agent and a
copy sent to the Company at the time of notification.
The Company does not accept responsibility for any damage,
shortage or loss in transit unless notification is given immediately by
telephone to the Company and given in writing to the Company (via
e-mail, fax or recorded delivery letter) within 3 working days of Goods
delivered to the Buyer. In the event of a parcel being received by the
Buyer in damaged condition, all packaging should be retained by the
Buyer for inspection by the Company or their agents to assist in the
process of making a claim against the delivering company.
Any claim for total non-delivery of Goods must be made to the
Company within 7 days of the intended date of dispatch of the Goods to
any UK address or within 28 days for dispatch to non UK addresses.
Should the Buyer fail to take delivery of the Goods within 14 days
of notification in writing the Company may, at its discretion, make an
additional charge, or treat the contract as repudiated.
The Company reserves the right to withhold or suspend the delivery
of goods to the Buyer if any account has not been paid when deemed due
by the Company.
Purchase of Goods from the Company is only possible by mail order,
and personal callers are not welcome unless by prior arrangement.