Trade Counter Open 8.30am-5pm
Prices
The prices payable for the goods shall be those in the Seller’s price
list current at the time of order or as agreed with the seller. The
Seller reserves the right to revise all prices and specifications.
Delivery
a) Delivery dates mentioned in any acknowledgement of order or
elsewhere are approximate only and are not of any contractual effect and
the Seller shall not be under any liability to the Buyer in respect of
any failure to deliver on particular date or dates. Unless otherwise
expressly agreed the Seller may effect the delivery in one or more
installments. Each installment shall be treated as a separate contract.
b) Delivery shall be at the Buyer’s premises unless otherwise agreed by
the Seller. Goods dispatched by the Sellers’ normal next day carrier
services are subject to a standard carriage charge, goods dispatched by
special delivery of whatever kind at the Buyer’s request are subject to a
carriage surcharge.
c) If the Buyer refuses or fails to take delivery of goods tendered the
Seller shall be entitled to terminate the contract with immediate
effect or to dispose of the goods as it may determine and the Seller
reserves the right to recover from the Buyer a minimum handling fee of 25% of the total price of such goods which shall be paid by the Buyer
within 15 days of the date of invoice.
Risk and Title
a) Risk in the goods shall pass to the Buyer on delivery. All goods
supplied to the Buyer shall remain the sole and absolute property of the
Seller as legal and equitable owner until such time as the Seller shall
have received full payment for them together with full payment of all
amounts owed by the Buyer to the Seller in respect of any other contract
for the sale of goods.
b) Until such payment the Buyer shall be in possession of the goods
solely as bailey for the Seller and in a fiduciary capacity and shall
store the goods separately and in such a way, as to enable them to be
readily identifiable as the property of the Seller.
Variation and Returns
The Seller shall be deemed to have fulfilled its contractual
obligations in respect of any delivery though the quantity may be up to
10% more or less than the quantity specified in the contract (seconds
stock only) and in such event the Buyer shall pay for the actual
quantity delivered. Save as provided herein no return of goods will be
accepted unless authorized by the Seller’s sales department prior to
dispatch and the Seller reserves the right to charge the minimum
handling fee specified in 4 (c) above except in the case of faulty
goods.
Liability
a) The Seller shall not be liable to the Buyer:
i) For shortages in quantity delivered unless the Buyer notified the
Seller of such claim within 2 days of receipt of the goods.
ii) For damage to or loss of the goods or any part thereof in transit
unless the Buyer shall notify the Seller of any such claims within 2
days of receipt of the goods.
iii) For defects in the goods caused by fair wear and tear, abnormal
condition of storage or use or any act, neglect or default of the Buyer
or of a third party and
iv) For other defects in the goods unless notified to the Seller within
2 days of receipt of the goods by the Buyer provided that no liability
shall be attributed to the Seller where goods have been
embroidered/printed on or have changed their form in any way what so
ever.
v) The Seller shall only embroider/print the Buyers own garments, if
done so entirely at the Buyers own risk. Liability will not be accepted
if the Buyer has approved the design embroidered/printed, if the Buyer
decides the embroidery/print is not as expected or if garments are
damaged whilst on the embroidery/print machine.
vi) Where liability is accepted by the Seller under 7 (a) the Seller’s
only responsibility shall be at its option to make good any shortage or
non-delivery and/or to replace any goods found to be damaged or
defective and/or refund the cost of such goods.
vii) The Seller’s aggregate liability to the Buyer whether for
negligence, breach of contract, misrepresentation or otherwise shall in
no circumstances exceed the cost of the defective, damaged or
undelivered goods which give rise to such liability as determined by the
net price invoiced to the Buyer in respect of any occurrence or series
of occurrences.
b) Subject to the foregoing all conditions, warranties and
representations express or implied by statute, common law or otherwise
in relation to the goods are hereby excluded and the Seller shall be
under no liability to the Buyer for any loss damage or injury direct or
indirect resulting from defective material, faulty workmanship or
otherwise however arising and whether or not caused by negligence of the
Seller, its employees or agents.
Force Majeure
The Seller shall not be liable to the Buyer for loss or damage suffered
by the Buyer as a direct/indirect result of the supply of goods by the
Seller being prevented, hindered, delayed or rendered uneconomical by
reason of circumstances or event beyond the Seller’s reasonable control.
Insolvency and Default
If the Buyer enters into a deed of arrangement or commits an act of
bankruptcy or compounds with his creditors or if a receiving order is
made against him or if an order is made or a resolution passed for the
winding up of the Buyer or if a receiver is appointed over any of the
Buyers assets or undertakings or if the Buyer takes or suffers any
similar or analogous action in consequence of debt or commits any breach
of this or any other contract between the Seller and the Buyer the
Seller may without prejudice to any of its other rights stop any goods
in transit and/or suspend further deliveries and/or determine the rights
of the Buyer under condition 5 and/or by notice in writing to the Buyer
determine the contract.
Governing Law
The contract shall be governed by and constructed in accordance with
English Law; the parties submit to the jurisdiction of English Courts.