Terms of service
TERMS AND CONDITIONS
CONDITIONS OF SALE
1. Definitions
1.1 'Buyer' means the person who buys or agrees to buy the goods from the Seller.
1.2 '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.
1.3 'Delivery Date' means the date estimated by the Seller for the delivery of the Goods.
1.4 'Goods' means the articles which the Buyer agrees to buy from the Seller.
1.5 'Price' means the price for the Goods excluding carriage, packing, insurance and VAT.
1.6 'Seller' means The Cable Tie Shop Ltd, Industrial Estate, Unit 6 Rosewood Business Park, Eastways, Witham CM8 3AA.
2. Conditions applicable
2.1 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 the Buyer may purport to apply under any purchase order, confirmation of order, or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. The Price and payment
3.1 The Price shall be the Seller's quoted price. The price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller's invoice.
3.2 Payment of the Price, the carriage charge, and VAT shall be due when the order is placed unless the Buyer has a credit account with the Seller when payment shall be due on the last working day of the month following the end of the month in which the Goods are delivered. Time for payment shall be of the essence and the Seller shall be entitled to sue for the Price, carriage charge, and interest whether or not the property in the Goods has passed to the Buyer.
3.3 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 4% above Lloyds TSB Bank plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
3.4 The Seller reserves the right to increase the Price in the event of the Buyer purchasing a smaller quantity of Goods than that for which the Seller quoted.
4. The Goods
4.1 The Goods shall be supplied in accordance with the description contained in the Seller's specification and quotation which shall be valid for 30 days from the date on which it is sent or made known to the Buyer.
4.2 The Seller may from time to time make changes to the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
4.3 The Buyer shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or less than the quantity purchased provided that such discrepancy in quantity shall not exceed 10%. The Price shall be adjusted pro rata to the discrepancy.
5. Warranties and liability
5.1 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 the Unfair Contract Terms Act 1977 Section 12), all other warranties, conditions or terms relating to fitness for purpose, merchantability, or condition of the Goods and whether implied by statute or common law or otherwise are excluded.
5.2 All terms, conditions, and warranties (whether implied or made express) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in the current edition of the Seller's specification) relating to the quality and/or fitness for purpose of the Goods or any of the Goods are excluded.
6. Delivery of the Goods
6.1 Delivery of the Goods shall be made on the Delivery Date and for this purpose, time shall not be of the essence. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 The Seller may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of this contract of sale.
6.3 The failure of the Seller to deliver any one or more of the said instalments of the Goods on the due dates shall not entitle the Buyer to treat this contract as repudiated.
6.4 The failure of the Buyer to pay for any one or more of the said instalments of the Goods on the due dates shall entitle the Seller (at the sole option of the Seller):
6.4.1 without notice to suspend further deliveries of the Goods pending payment by the Buyer, and/or
6.4.2 to treat this contract as repudiated by the Buyer.
7. Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the Goods 3 days after delivery to the Buyer unless within that period the Buyer shall give written notice of discrepancies to the Seller.
7.2 After acceptance, the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
8. Risk and Title
8.1 Risk shall pass to the Buyer so that the Buyer is responsible for all loss, damage, or deterioration to the Goods:
8.1.1 if the Seller delivers the Goods by its own transport or carrier at the time when the Goods or a relevant part thereof arrive at the place of delivery, or
8.1.2 in all other circumstances at the time when the Goods or a relevant part thereof leave the premises of the Seller.
8.2 In spite of delivery having been made, property in the Goods shall not pass from the Seller until:
8.2.1 the Buyer shall have paid the Price plus VAT in full, and
8.2.2 no other sums whatever shall be due from the Buyer to the Seller.
8.3 Until payment in the Goods passes to the Buyer in accordance with clause 8.2, the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee 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.
8.4 Notwithstanding that the Goods (or any of them) remain the property of the Seller, the Buyer may use or sell the Goods in the ordinary course of the Buyer's business to customers who are not controlled by the Buyer or who do not control the Buyer or who are not in common control with the Buyer at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's behalf, and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller, the entire proceeds of sale