CONDITION OF TRADE SALE
1. Order: The Company shall sell and the buyer shall purchase the goods in accordance with any written quotation of the company which is accepted by the buyer, or any written order of the buyer which is accepted by the company, subject in either case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the buyer. No variations to these conditions shall be binding unless agreed in writing between the company and the buyer.
2. Prices: The prices of the goods shall be the company’s quoted price or where no price has been quoted (or a quoted price is no longer valid), the price listed in the company’s published price list current at the date of despatch.
3. Defective: Goods In the event of any article proving defective in material or workmanship, the company shall undertake to replace it free of charge unless that article has been defaced either by machine or hand after despatch from our promises. Under no circumstances shall the company accept liability for the consequential loss or damage however arising, and any liability for any such consequential loss or damage is hereby excluded.
4. Exclusions: Subject as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statue of common law are excluded to the fullest extent permitted by current law.
5. Description: The description of the goods has been given by way of identification only and the use if such description shall not constitute a sale by description.
6. Delivery: Any dates quoted for delivery of the goods are approximate only and the company shall not be liable for any delay in delivery of the goods however caused. Time for delivery shall not be of the essence unless previously Agreed by the company in writing. The goods may be delivered by the company in advance of the quoted delivery date upon giving reasonable notice to the buyer.
7. Risk: Risk of damage to or loss of the goods shall pass to the buyer (i) in the case of goods to be delivered at the company’s premises at the time when the company notifies the buyer that the goods are available for collection, or (ii) in the case of goods to be delivered otherwise that at the company’s premises, at the time of delivery or, if the buyer wrongfully fails to take delivery of the goods, the time when the company has tended delivery of the goods. Where the goods are to be delivered to the buyer by or on behalf of the company, the company’s liability for damage or shortage of goods will only be accepted if notified in writing by the buyer to the company within 48 hours of delivery.
8. Payment: Customers will be invoiced on a strictly pro-forma or cash on delivery or cash on collection basis only.
9. Property: Notwithstanding delivery and the passing of risk in the goods, the property in the goods shall not pass to the buyer until the company has received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by the company to the buyer for which payment is then due. Until such time as the property in the goods passes to the buyer (and provided the goods are still in existence and have not been resold) the buyer shall hold the goods as the company’s fiduciary agent and bailee and shall keep the goods separate from those of the buyer and stored, protected, insured and identified the company’s property. Until such time the buyer shall be entitled to resell or use the goods in the ordinary course of its business but shall account to the company for the proceeds of the sale or otherwise of the goods whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate from any monies or property of the buyer and third parties and, in the case of tangible proceeds; property stored, protected and insured. Until such time the company shall be entitled at any time to require the buyer to deliver up the goods to the company and if the buyer fails to do so forthwith to enter the promises of the buyer or any third party where the goods are stored and repossess the goods.
10. Storage/Invoicing: Customers will be invoiced for orders completed against an agreed delivery date and GB Kitchens reserve the right to charge an appropriate storage charge for all orders not delivered or collected.
