Terms and Conditions
All orders are accepted and goods supplied subject to the following express terms and conditions. These conditions may not be modified or varied unless FDS (hereinafter referred to as “the Company”) agrees in writing, and the Company shall not be deemed to accept such other conditions nor waive any of these conditions by falling to object to provisions contained in any purchase order or other communications from the buyer. No person has authority on behalf of the Company to vary any condition except a Director or the Company Secretary. No binding contract shall be created until the Company has indicated its acceptance of any order in writing or by making delivery or part delivery of the goods.
2. SETTLEMENT TERMS
Where credit terms have been agreed by the Company, terms of payment are strictly net and payable 30 days from the end of the month of invoice. Otherwise. all accounts are payable on demand. No receipts will be issued against payments by cheque unless specifically requested. The Company, at its discretion, reserves the right to charge interest on accounts outstanding beyond the time specified in this condition. The rate of interest shall be 2% per month from the due date until payment is made. The Company can exercise this right in addition to any other nghts it may have in respect of the goods or non-payment. Where the contract is to be made or may be fulfilled in payment by separate instalments, delivery of each part shall be made as if the same constituted separate contracts.
If no price is given, the price for the equipment concerned shall be deemed to be the current price ruling at the date of despatch in the Company’s then current published price list. If at the date of despatch the cost to the Company in supplying the order has increased, the Company shall be entitled to notify the Buyer of the modified prices and where such prices are more than those quoted overleaf the Buyer shall be entitled to cancel it’s order in writing within 7 days of receipt of such notice and the contract shall be deemed terminated between the parties.
4. EXTRA COSTS
In the event of any variation or suspension of orders through the buyer’s instructions or lack of instructions, prices may be increased to cover any extra reasonable expenses thereby incurred by the Company.
Any contract shall be subject to the Company being satisfied as to the buyer’s credit worthiness and without generality to the foregoing the Company may, in its absolute discretion having informed the buyer that the goods are ready for delivery, refrain from delivering the goods until such time as the buyer tenders the purchase money to the Company in a form satisfactory to the Company. Prospective customers wishing to open a Credit account are requested to furnish two trade references and one bankers reference. Until the opening of a credit account has been confirmed delivery will not be made unless payment has been received with order or made against the Company’s proforma invoice.
Orders sent in confirmation of telephone instructions should be clearly marked as such otherwise any additional expense incurred by the buyer as a result of duplication of order will be payable by the buyer. Furthermore, the Company will accept no responsibility for duplication of despatch. Any additional expenses incurred by the Company will be payable by the buyer
The acceptance of the cancellation of an order by the buyer shall be at the discretion of the Company and any such acceptance subject to payment by the buyer of a cancellation charge representing the Company’s loss of profit on the transaction and any administrative costs Involved.
Delivery dates are given in good faith by the Company to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the time stated. No liability for direct or consequential loss or damage arising from delay in delivery will be accepted by the Company.
9. TITLE TO GOODS
The Company and the Buyer agree that until the Company has been paid in full for the goods: (i) The goods shall remain the property of the Company and the buyer shall hold the goods as a bailee and be fully accountable to the Company in respect thereof (although the risk in the goods shall pass to the buyer when delivery is made). (ii) The Company as bailor of the goods may recover the goods at any time from the buyer if the Company judges that the amount outstanding from the buyer on the general statement of account between the parties is in excess of the credit limit the Company is willing to afford the Buyer, and for that purpose the Company, its employees and agents may enter upon any land or building upon which the goods are situated.
10. DESPATCH DETAILS
All despatch and delivery costs will be charged to the buyer.
11. DAMAGE OR LOSS IN TRANSIT AND SHORTAGES
Written notification of any shortages, damages or loss of goods must be received by the Company within four days of receipt of invoice.
All goods can be returned for exchange if a customer mistake has occurred but a collection and re-delivery charge will be applicable if the customer is not returning via their own courier. Should a customer return the items via their own courier, then only a re-delivery charge, the equivalent of the original delivery charge will be applicable. Should Single Source Binding Machines have made an error in supplying any goods then any courier charge will be borne by ourselves and correct replacements issued in good time. All returning items must be packed in the original outer protective box or boxes and any padding material to ensure item boxes and cover edges are not damaged in the returns process. Should any goods be defective then a full exchange by the next day of informing of any defects will be made providing we are notified by 14:30pm.
Single Source Binding Machines Ltd must be given the earliest opportunity to exchange any item or repair of a machine, otherwise no exchange or refund will be offered. All discrepancies, loss or damage must be made within 24 hours, and returned to us within seven days of receipt of goods. No returns will be accepted without prior authorisation. A 30% handling fee will be charged on all goods returned if they were supplied correctly, plus any delivery costs that were charged for sending the item/s out by ourselves.
The Company’s liability in respect of all goods supplied by it shall be limited to the benefit of any written guarantee or warranty given to the Buyer by the Company, which shall not be under any further liability howsoever arising and all other conditions and warranties expressed or implied by custom or trade usage are hereby expressly excluded.
14. FORCE MAJEURE
The Company shall not be liable for any delay in or failure to perform any of its obligations hereunder if the delay or failure is due to causes outside the reasonable control of the Company. If such delay shall last for more than 30 days, then either the Buyer or the Company shall be entitled to terminate this contract and the Company shall reimburse the Buyer for all monies received in respect of the goods, subject to the deduction of reasonable administrative expenses.
15. DESCRIPTIVE MATTER AND ILLUSTRATIONS
All descriptive and forwarding specifications, drawings and other particulars issued by the Company are approximate only and are intended only to present a general idea of the goods to which they refer and shall not form part of the contract.
In the event of either party committing any breach of contract with the other or if any distress or execution is levied upon the goods of either party or if it offers to make any arrangement with it’s creditors, has a Receiver appointed of its undertaking or assets or any part thereof or, other than for the purposes of a reconstruction or amalgamation without insolvency, goes into liquidation the other party shall thereupon be entitled without prejudice to its other rights forthwith to suspend all further obligations under the contract until the default has been made good and if such default remains outstanding 14 days after notice of such default was given by one party to the other, the party who is not at fault shall be entitled to determine the contract or any unfulfilled part thereof or (if the Company is not in default) at the Company’s option to continue to make deliveries.
All drawings, descriptions and other information, submitted by the Company shall remain the property of the Company, together with the copyright thereof.
18. VALUE ADDED TAX
Where chargeable, Value Added Tax will be charged at the rate applicable at the date of despatch.
19. LEGAL CONSTRUCTION
This contract is subject to English Law..