Terms & Conditions
Any contract of sale undertaken by THPE Limited (“the Company”) is deemed to incorporate these Terms & Conditions; no variation or modification of or substitution for these Terms & Conditions (even if included or referred to in the document placing the order) shall be binding on the Company unless specifically accepted by the Company in writing.
Prices are subject to alteration or withdrawal without notice. Orders are accepted subject to the condition that the goods will be invoiced at prices ruling on the date of despatch from Warehouse unless otherwise stated on any official quotation of the Company. Unless otherwise stated, prices excluded delivery charges and VAT at applicable rate.
There will be a minimum order value of £100.00 net; if this is not met we reserve the right to implement a minimum order charge to be advised.
Subject to condition 8 below, unless otherwise specified in the quotation, delivery shall take place when the goods are delivered at the Buyer’s works. Estimated of delivery times are to be regarded as approximate only and the Company accepts no liability for any loss, injury, damage or expense consequent upon any delay in the delivery of the goods. Offers for delivery from stock are made subject to goods remaining unsold on receipt of order.
A re-stocking charge of 25% net goods total will be implemented on all goods returned to the Company.
4. PROPERTY IN THE GOODS
(a) the legal and equitable property in the goods shall remain with the Company until such a time as all sums owed to the Company by the buyer under the contract have been paid (and where payment is by negotiable instrument that instrument is cleared and paid) Until all sums have been paid to the Company the buyer shall keep the goods in the capacity of inducers holder on behalf of the Company and shall store them in such a way that they can be recognised as such:
(b) the Buyer shall be entitled with out prejudice to its faduclery duty to sell the goods and pass the property in the same to third parties in the normal course of its business until otherwise notified by the Company until the happening of any of the events set out in (e) below, but the proceeds of its sale and/or the claim to such proceeds will be the Company’s until such time as all sums owing to the Company by the buyer under the Contract have been paid and all such proceeds shall accordingly be placed by the buyer in a separate new account.
(c) The company shall be entitled on reasonable notice to enter the Buyers premises and retake possession of the goods at any time while any monies under the contract are outstanding.
(d) On receipt of notice from the Company such as is mentioned in (c) above or on the happening of any of the vents set out in (e) below the Buyers authority to sell the Company’s goods shall be automatically withdrawn and all proceeds of sale received by the Buyer from sales made prior to the withdrawal of authority shall be paid by the Buyer into the bank account separate from all other monies of the Buyer and held in such account for the Company. Further all goods or products the of the Company shall be immediately delivered to the Company and the Company by its servants or agents shall have the right during normal business hours to enter upon the land or buildings of the Buyer to take possession of the Company’s goods and products.
(e) the events referred to in sub-condition (d) are:
(i) any notice to the Buyer that a receiver or manager is to be or has been appointed:
(ii) any notice to the buyer that a petition to wind up the Buyer is to be or has been presented or any notice of a resolution to wind up Buyer (save for the purposes of and followed by a bonafide reconstruction or amalgamation):
(iii) a decision by the Buyer that the Buyer intends to make an arrangement with its creditors:
(iv) any act of Bankruptcy as defined by section 1 of the Bankruptcy Act 1914:
(v) the insolvency of the Buyer within section 6’(4) Sale of Goods Act 1979.
Risk shall pass to the Buyer when the goods are delivered to the Buyer. Delivery being defined as in condition 3 above.
6. EXPORT SALES
(a) The Buyer shall be responsible for nominating an effective ship. The Company shall deliver the goods over the ships rail and the Buyer shall be responsible for freight charges after the delivery.
(b) Risk in the goods shall pass to the Buyer on delivery over the ship’s rail;
(c) Property in the goods shall pass as in Condition 4 above
Unless otherwise agreed with the Company, liability for payment for goods supplied shall arise on delivery, and such payment shall be due to the Company not later than the end of the month following the month of the invoice. Any discounts specified in the Company’s quotations shall relate only to payments so received. The Company reserves the right to charge interest on overdue accounts at the rate of 3% per annum above Barclays Bank PLC base rate at the time payment is due. If payment is not made on the due date or the Buyer is in default as regarding payment under this or any other contract with the Company , the Company reserves the right;
(a) to suspend further deliveries’ under this contract for so long as the default continues; and
(b) (Without prejudice to the Company right’s under condition 4) to serve notice on the Buyer that if sums due under this or any other contract are not paid within 14 days the Company may at its election treat this contract as repudiated and may terminate the contract were upon all goods in the possession of the Buyer which are the property of the Company shall forthwith be delivered to the Company at the Buyer’s risk and expense
The Company reserves the right to refuse any purported cancellation of orders and to treat such purported cancellation as a repudiation of the contract justifying the Company in
treating the contract as at an end. Goods returned without permission of the Company may be refused.
All information regarding the Company’s goods contained in catalogues or other similar matter submitted to the Buyer by the Company, whilst given in good faith, must be regarded only as appropriate. The Buyer must rely on his own judgement as to the nature, quality and suitability for his purpose of the Company’s goods and not upon and representation made by the Company its servants or agents either orally or in writing.
10. LOSS OR DAMAGE
(a) Where goods are delivered by outside carrier’s damage or part loss claims cannot be entertained unless the carriers and the Company are both notified in writing within three days from the date of delivery.
(b) Where goods are delivered by the Company and a receipt of delivery note signed by the Buyer is received the goods will be deemed to have been examined and therefore no claim for damage or loss made by the Buyer can be entertained by the Company, the Buyer may not exclude this provision either by marking his signature “un-examined” or by failing to return the signed delivery note or otherwise.
(c) Passenger/postal/road transport. The Company must receive notification of non-delivery within seven days from the date of invoice.
11. LIABILITY FOR LOSS
(a) The Company shall not be liable for any loss or damage to property whether belonging to the Buyer or to any third party caused by or arising from the actions of any of the Company’s employees while they are at the Buyer’s premises, site or works nor (unless negligence is proved) shall the Company be liable for any death or personal injury thus caused to any employee of the Buyer or to any third party. The Buyer will indemnify the Company against any claims made against the Company by the Buyer or by third partied arising out of such actions of the Company’s employees for which the Company does not accept liability under these conditions.
(b) The Buyer shall be responsible for any injury caused to any employee of the Company while he is at the Buyer’s premises, site or works and agrees to indemnify the Company against any claim by any of its employees arising out of any injury so caused.
Clerical errors and omissions are subject to correction without notice.
Any contract subsisting between the Company and the Buyer shall be constructed in all respects in accordance with the Law of England and unless otherwise agreed to subject to the jurisdiction of the English Courts.