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These conditions of sale govern all contracts for the sale or supply of goods by Timber Fastening Products Ltd referred to in this document as “The Company”
a) Unless otherwise agreed in writing by the Company, These conditions shall supersede all previous issued conditions of sale, and shall override any terms or conditions stipulated, incorporated or referred to by “the buyer” during the course of negotiations up to the enforcement of the contact.
a) Risk of loss or damage to the goods shall pass to the buyer on delivery.
a) Payments are required 30 days from the date of invoice
b) It is a condition of the acceptance of any order, that the terms of payment as agreed shall be strictly observed and adhered to by the buyer.
c) The Company reserves the right to charge interest of 3% over the H.S.B.C bank base rate on over due accounts both pre – judgment and during enforcing of judgement.
d) The Company reserves the right to re-claim all unpaid goods within a reasonable period after the due date.
4. Retention of title
a) The goods shall remain the sole and absolute property of the company as both legal and equitable owner until such time as the buyer pays the agreed price in full
B) Until such time as he becomes owner of the goods, the buyer will be a bailee of them only, and will store them on his premises separately, in a manner ensuring they are readily identifiable as goods of the Company.
c) The Company may at any time for the purpose of recovery of it’s goods, in the event of the buyer entering in to liquidation, becoming bankrupt, having a Winding Up order made against them, or having a Receiver appointed, enter the buyer’s premises and may repossess the same.
d) In the event of any resale by the buyer, the Company shall retain legal and beneficial title to the goods until the same have been paid in full
5. Divisibility Wording
a) The company reserves the right to make deliveries and/or services by instalment and to render a separate invoice in respect of each such instalment.
b) If the Company exercises it’s right to make deliveries and / or services in accordance with sub – paragraph (a) above, then any delay in the provision of such deliveries and / or services, or failure to deliver any further instalment or instalments, shall not entitle the Buyer to reject the Contract or the delivery/service of any other instalment or to withhold payment in respect of any instalment previously delivered/ service.
6. Claims and return of goods
a) The buyer will on delivery, inspect the goods and in the event of loss or damage, give written notice (otherwise than by endorsement on the Carrier’s delivery notes) to the company within 5 days of delivery.
b) Claims for non-delivery will not be accepted unless advised in writing within 14 days of the in voice date.
c) With regard to return of goods for credit, the Company requires written details of the products. Thereafter, the Company may at it’s discretion, give written approval for the products to be returned, and a handling charge of 15% will be deducted from the credit note. Under no circumstances will goods returned for credit be accepted, without the prior and written agreement of the Company
7. Failure to perform contract
a) The Company shall be relieved from any liability where it may become unable to carryout all or any it’s obligations due to circumstances beyond its control.
B) Under no circumstances shall the Company be liable for consequential loss.
8. Supply of alternative goods
a) The Company reserves the right to substitute a product specification to an equivalent quality without prior notice.
a) These conditions shall be governed by and construed in accordance with English law.
Credit Account Application
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