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Terms and Conditions

 

Registered In England & Wales. No. 07565208

TERMS OF BUSINESS -  Revised March 2018

1)

I. The risk in the goods shall pass to the customer on delivery.

II. Until full payment has been received by the company for all goods whatsoever supplied and all services rendered at any time by the company to the customer.

a) Property in the goods shall remain in the company

b) Should the customer convert the goods (or any of them) into a new product whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportions the conversion shall effected by the customer solely as agent for the company who shall have the full legal and beneficial ownership of the new products

c) The customer shall store the goods and the new products separately and in such a way that they can be readily identified as being the property of the company

d) Subject to (e) and (f) below the customer shall be at liberty to sell the goods and the new products referred to in (b) above in the ordinary course of business on the basis that the proceeds of the sale shall belong to the company to whom the customer shall account on demand provided that that the customer shall have no authority to enter into any contract of sale shall accordingly be concluded in the name of the customer

e) The company may at any time revoke the customer’s power of sale by notice to the customer if the customer is in default for longer than seven days in the payment of any sum whatsoever due to the company (whether in respect of the goods or any other goods supplied or services rendered at any time by the company to the customer or for any other reason whatsoever) or if any Bill of Exchange cheque or other negotiable instrument drawn or accepted by the customer in favour of the company is dishonoured on presentation for payment or if the company has bona fide doubts as to the solvency of the customer

f) The customer’s power of sale shall automatically cease if a receiver is appointed over any of the assets or the undertaking of the customer or a winding up order is made against the customer or the customer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy

g) Upon determination of the customer’s power of sale under (e) or (f) above the customer shall place the goods and the new products at the disposal of the company who shall be entitled to enter upon any premises of the customer for the purpose of removing such goods and new products from the premises (including severance from the realty where necessary)

III. Where payment is made by means of a Bill of Exchange cheque or other negotiable instrument the company shall be deemed not to have received the payment for the purpose of sub clause (ii) until the Bill of Exchange cheque or instrument has been honoured on presentation for payment not withstanding that the company may have negotiated it and received value therefore

(2)

I. The description of the goods that appears on the company’s invoice includes that the goods shall be in that condition in which they are on delivery to the customer

II. The customer relies on his own skill and judgement as to the suitability of goods supplied for any purpose

III. The company’s only obligation in respect of goods shown to the company’s satisfaction to have been negligently manufactured is to replace the same within a reasonable time under the terms and conditions herein set out provided that such goods have been manufactured by the company, and in any other case the company’s liability shall be limited to the higher amount of £100 or such sum as the company is able to enforce against the manufacture or supplier of the goods

IV. Subject as mentioned above the company gives no guarantee or warranty and no guarantee condition or warranty shall be implied whether under the Sale of Goods Act 1983 or otherwise as to the fitness of the goods for any particular purpose or as to their quality or otherwise The company will not be responsible for any damage, direct, incidental or consequential arising out of or caused by goods supplied by the company whether due to the negligence of the company, its servants, agents, suppliers or otherwise

(3) In all cases where the company undertakes design or

layout work or advice to customers all drawings, specifications, descriptive matter and dimensions are to be treated as approximate only

(4) (a) Delivery dates mentioned in any quotation, acknowledgement of order of elsewhere are approximate only and not of any contractual effect and the company will not be under any liability to the buyer in respect of any failure to deliver on any particular date or dates

(b) If the Buyer refuses or fails to take any action necessary on its part for delivery the company shall be entitled to terminate the contract with immediate effect, to dispose of the goods as the company may determine and to recover from the Buyer any loss and additional cost incurred as a result of such refusal or failure

(c) Unless otherwise expressly agreed the company may effect delivery in one or more instalments. Where delivery is effected by instalments, each instalment shall be treated as a separate contract

(5) The company shall not be liable to the buyer nor be deemed to be in default for any delay or failure in performance under the contract by reason of circumstances or events beyond the company’s reasonable control including, but not limited to, acts of God, acts or regulations of any governmental or supranational authority, war or national emergency, fire, riots, strikes, lock-outs, industrial disputes or epidemics

(6) (a) Payment shall be cash with order or if arrangements for credit have been made, 30 days after date of invoice

(b) Any extension of credit allowed to the buyer may be changed or withdrawn at any time

(c) Interest shall be payable on overdue accounts at the rate of 2% per month to run from the due date for payment thereof until receipt by the company of the full amount, whether or not after judgement

(d) if in the opinion of the company the credit-worthiness of the buyer shall have deteriorated prior to delivery the company may require full or partial payment of the price prior to delivery or the provision of security for payment by the buyer in a form acceptable to the company

(e) The buyer shall not be entitled to withhold payment of any amount payable under the contract because of any disputed claim of the buyer in respect of faulty goods or any other alleged breach of the contract

(7) Minimum invoice charge £1

(8) (a) All prices are quoted ex the company’s premises and the customer shall pay for all delivery costs prices quoted in our catalogue are those ruling at the time of printing they are not to be taken as firm quotations are liable to alteration without notice Goods will be invoiced at the price ruling on the day of the despatch

(b) A quotation by the company does not constitute an offer and the company reserves the right to withdraw or revise the same at any time prior to the company’s acceptance of the Buyer’s order

(c) The company’s acceptance of the Buyer’s order shall be effective only where such acceptance is acknowledged by the company, either on the company’s printed acknowledgement or otherwise

(9) Goods once delivered may not be returned unless prior authorisation has been given in writing

The following conditions will apply to all goods returned to the company for restocking

I. Only catalogue items will be accepted under no circumstances will non stock items ordered specially from suppliers be accepted for return

II. Goods will only be accepted if they are in brand new condition

III. Packaged items will only be accepted package remains unbroken

IV. Goods will only be accepted if returned within 21 days of supply

V. In every case a restocking charge will be made

VI. In every case the invoice number and date together with reason for return must be stated

(10) Cancellation of orders which have to be made up specially whether catalogued or not cannot be accepted

(11) Finance act 1971, sections 29 31 the company is a properly registered company within the meaning of the above act and therefore deductions respect of tax should not be made

(12) All prices exclusive of VAT

(13) For the purpose of these conditions “the company” shall mean FOURWAYS SOLUTIONS LIMITED “the customer” shall mean the person, firm or company to whom the company agrees to sell or supply the goods and “the goods” shall mean all goods which are the subject of any contract of sale or supply between the company and the customer