A) “Buyer” means the person who buys or agrees to buy the goods from the seller.
B) “Conditions” means the Terms and Conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.
C) “Delivery Date” means the date specified by the seller when the goods are delivered.
D) “Goods”means the articles which the buyer agrees to buy from the Seller.
E) “Price” means the price of the goods excluding carriages packaging insurance and VAT.
F) “The Seller” means Crosslink Solutions LTD.
2. CONDITIONS APPLICABLE
These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document. Any variation to these conditions shall be inapplicable unless agreed in writing by the Seller.
A) Unless specifically stated otherwise our price is fixed and firm for the duration of the contract with the exception Governmental Tax changes which may occur between the dates of order and of the Final invoice.
B) Value Added Tax will be charged as applicable under the regulations.
C) The payment of the price and VAT shall be due on the 20th of the month following month of delivery. Time for payment shall be of the essence.
D) Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% above Barclays Bank Plc Bank Rate from time to time in force and will accrue at such a rate after as well as before any judgement.
A) Delivery of the goods shall be made to the buyer’s address on the Delivery date. The Buyer shall make all arrangements necessary to take Delivery of the Goods whenever they are tendered for Delivery.
B) We THE SELLER is responsible for transportation, we shall repair or free of charge Goods damaged in transit providing that we receive notification in writing of such damage within 3 days of receipt of the goods.
C) In the event of stoppage of work in the establishment of ourselves and/or suppliers during Delivery period owing to strike, lock-out,
disputes, breakdowns, accidents, and/or causes beyond the control of ourselves or our suppliers deliveries may be partially or wholly suspended upon notice given, until work is resumed. The time of any suspension is to be added to the time of the Contract. Any time given for delivery is to date from receipt by THE SELLER of written instructions to proceed and on receipt of all necessary information to enable us to carry out and complete the contract.
D) Estimated delivery date is given in good faith, however should this be exceeded, THE SELLER shall not be liable for any consequential loss resulting therefrom.
5. WARRANTIES AND LIABILITY
The seller warrants that the goods will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer (as defined in section 12 of the unfair contract terms act 1977) all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of the goods whether implies by Statute or Common Law or otherwise , are excluded.
6. ACCEPTANCE OF THE GOODS
A) The Buyer shall be deemed to have accepted the goods after deliveryto the Buyer.
B) Conditions of acceptance: The Buyer shall be entitled to return the goods within 14 days of acceptance, providing the goods are in their original saleable condition.
7. RETENTION OF TITLE
A) The goods shall be at the Buyer’s risk as from point of unloading.
B) In spite of delivery having been made the property of the goods shall not pass from the Seller until:
(i) The Buyer shall have paid the price plus VAT in full : and
(ii) No other sums whatever shall be due from the Buyer to the Seller
C) Until property in the Goods passes to the Buyer in accordance with the clause b) above , the Buyer shall hold the Goods and each of them on a fiduciary basis as bailey for the Seller. The buyer shall store the Goods ( at no cost to the Seller separately from all other Goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.
D) notwithstanding that the Goods (or any of them) remain the property of the Seller, the Buyer may sell or use the Goods in the ordinary course of the Buyer’s business at full Market Value for the Account of the Seller’s property by the Buyers on the Buyer’s own behalf and the Buyer shall deal as principal when making such sale or dealings. Until property in the Goods passes from the Seller the entre proceeds of sale or otherwise of the Goods shall be held in trust for the seller by the Buyer and shall not be mixed with other money or paid into any overdrawn Bank Account and shall be at all material times identified as the Seller’s money.
E) The Seller shall be entitled to recover the price plus VATnotwithstanding that the property in any of the Goods has not passed from the Seller.
F) Until such time as the property in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be existence or resold to the Seller . If the Buyer fails to do so, the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer or under clause d) above shall cease.
G) The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller if the Buyer does so , all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
H) The Buyer shall insure and keep insured the goods to the full price against “all risks” to the reasonable satisfaction of the Seller until the date the property in the Goods passes from the Seller and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so, all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.
8. LEGAL CONSTRUCTION
This contract is subject to the Law of England and Wales