Page 124 - Retail Guide
P. 124

1. Definitions
In these conditions:
a) “the Seller” means Simple Office Solutions.
b) “the Buyer” means the person, firm or company who places an order
with the Seller for the manufacture and or supply of any goods and/or
c) ”the Goods” means the products manufactured and/or supplied by the
seller which are the subject of an order or orders placed by the buyer with the seller.
2. Contractual Terms
a) These conditions shall apply to all contracts for the sale of goods entered into by the Seller to the exclusion (unless otherwise agreed in writing signed by on or behalf of the Seller) of all other conditions express or implied in particular (but without prejudice to the generality of the foregoing) :
i) No condition contained or referred to in any order correspondence or other document submitted or written by the Buyer shall be of any effect.
ii) All drawings illustrations, performance data and all other details in the Sellers catalogues, sales or promotional literature or elsewhere are included as a guide only and whilst details are printed in good faith they shall not bind the Seller. The Seller reserves the right to change specifications without prior notice at its absolute discretion.
b) No variation cancellation or waiver of these conditions shall be of any effect unless made in writing and signed by the Managing Director of the Seller and a duly authorised representative of the Buyer.
5. Payment
Unless agreed in writing by the Managing Director of the Seller, payment
shall be made without deduction in accordance with our terms of 30 days from the invoice date. Payment shall be made in sterling to the Seller at its trading address. Time of payment shall be the essence of all contracts. In default of payment on the due date, the Seller, without prejudice to its right hereunder, shall have the right to charge interest to the Buyer at base rate plus 5% compound per annum.
6. Passing of Risk
The risk in the Goods shall, subject to clause 9b of these conditions, pass
to the Buyer or (if appropriate) to the Buyers carrier. Where Goods are sold F.O.C. or On-Approval all risk of loss or damage in transit shall pass to the Buyer when Goods are placed on board ship or vessel not with standing that the property in the Goods may not have passed to the Buyer and the Seller shall be under no obligation to give to the Buyer the notice specified in section 32(3) of the Sale of Goods Act 1979.
7. Passing of Ownership
Until payment in full for all Goods sold by the Seller to the Buyer (whether under this or any other contract) has been received by the Seller and the funds have been cleared:
i) Ownership of the Goods shall remain with the Seller.
ii) The Seller reserves the right to dispose of the Goods, and the
Seller shall be permitted to enter upon the Buyers premises at all
reasonable times to recover the Goods for this purpose.
iii) The Buyer shall store the Goods so that they may be readily
identifiable as the property of the Seller and during such time the Buyer shall ensure that the Goods are kept and maintained in the condition in which they were delivered otherwise the Seller is entitled to charge the Buyer for any damage caused and repairs required, to reinstate the Goods to the condition in which they were delivered the Buyer may sell the Goods or any part thereof only by way of bona fide sale at full market value, and where he does so, he shall be entitled for the purpose of the sale to remove the Goods from the said place of storage and upon their delivery to the person purchasing from the Buyer, ownership of those Goods shall pass from the Seller.
8. Delivery
a) Time of delivery shall not be the essence of the contract. The period quoted for delivery commences from the date of order acknowledgement but it is an estimate only. Whilst the Seller shall use reasonable commercial endeavours to deliver the Goods by the date (if any) specified on the order acknowledgement, it shall not be liable in any way for the delay from any cause whatsoever and howsoever arising nor shall such delay entitle the Buyer to reject the Goods or treat the contract
repudiated or render the Seller liable for damages in any way.
b) Where delivery charges are specified the Seller nevertheless reserves the right to make an additional charge for loading, delivery or off loading outside the hours of 08.00-17.00 Monday to Friday or in the event of
any special arrangement of whatever nature being required.
c) The Seller shall have the right to despatch any portion(s) of the Goods covered by the contract and to invoice the Buyer for such portion(s) so despatched on the same terms and conditions as are contained herein.
d) The Buyer must inform the Seller of the detailed delivery arrangements at least three working days in advance in writing.
9. Non Acceptance by Buyer
a) If the Buyer fails to take or accept delivery of the Goods (or any part of them) by the date specified or taking up or delivery, then:
i) the Buyer shall nevertheless pay the Seller in accordance with clause 5 of these conditions as if such taking up or delivery had occurred and
ii) the Buyer shall pay the Seller all costs of storage of such Goods and any additional costs incurred as a result of the Buyers said failure; continued failure by the Buyer in this regard shall entitle the Seller to treat the contract as repudiated.
b) During the period of any storage of the Goods or any of them by the Seller as contemplated by sub clause (a)2 of this clause 9 such Goods shall be at the risk of the Buyer.
c) Typographical, clerical errors or omissions shall be subject to correction. d) The Buyer must notify the seller within three days of the date of the
Sellers acceptance or date of acknowledgement of order if such acceptance does not accurately confirm the Buyers order, failing which the Buyer shall be bound by the terms of the acknowledgement.
3. Creation of Contractual Relations
Unless previously withdrawn the Sellers quotations and tenders shall remain valid for the period stated therein or if no period is stated for the 30days from their date. The Sellers Offer estimates, quotations, tenders and price lists are invitations only. All orders must be in writing and must be accompanied by sufficient information to enable the Seller to proceed without delay with the execution of the order. All orders require the Sellers acknowledgement of the order to create a contract. Any such acceptance shall nevertheless be subject to the Buyers credit being approved and to cancellation without liability at the instance of the Seller, should the Seller subsequently find the Buyers credit inadequate.
4. Prices
a) All prices include only such goods, accessories and work as specified and are for the quantities therein expressed. If the Buyer requests any variation in quantity the price may vary accordingly.
b) Unless otherwise specified prices quoted:
i) Do not include Value Added Tax which will be added at the
rate prevailing at the appropriate tax point charge.
ii) Do include the Sellers standard non returnable packaging of
which it is the Buyers responsibility to dispose of after
c) At any time before delivery has been completed the Seller shall be
entitled to vary the price of the Goods to take into account all or any of the following factors:
i) Implementing any request by the Buyer for expedited despatch or changes in delivery schedules, completion date, quantities, designs or specifications.
ii) Delays caused by instructions of the Buyer or by failure of the Buyer to give adequate or accurate instruction or timely information in writing.
iii) Any other costs incurred by the Seller due to neglect or default by the Buyer.

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