Conditions Of Sales
1. These terms and conditions supersede any terms or conditions proposed by the buyer and may not be varied except with the written consent of a Director of the Selling Company.
2. Each delivery shall be considered a separate transaction and the failure of anyone delivery shall not affect the performance of the remainder of the contract or liability for the cost of goods delivered.
3. All prices and specifications are subject to alteration without notice and all goods will be invoiced at the prices ruling at the date of despatch unless otherwise agreed in writing by the seller and the buyer.
4. Where orders are received for quantities or shipments that are priced at less than the sellers minimum charge, then the order will be priced at the minimum charge.
5. All tenders, quotations and estimates made by the seller are given without obligation and are subject to written confirmation when the order is placed.
6. All orders are taken in good faith, while we undertake to do our best to meet delivery dates, we cannot guarantee them. The seller will not be held responsible for failure to deliver by any stated time , nor shall the buyer be entitled to refuse to accept goods because of late delivery.
7. We must be notified in writing of:
(i) Any claims for short deliveries, damaged goods or wrong delivery of goods within 7 days of such goods being delivered, except items covered by Section 10.
(ii) Non-receipt of goods despatched by any other means other than the sellers own transport or rail, within 14 days of date of invoice or advice of despatch, whichever is the earlier.
(iii) Non-receipt of goods despatched by rail transport in Great Britain within 21 days of date of invoice of advice of despatch, whichever is the earlier.
8. All accounts must be paid during the month following the month of delivery. Where accounts are subject to a settlement discount, this can only be claimed if paid during the month following the month of delivery except where other arrangements have been made in writing by the seller. All accounts paid after the due date and accounts on which settlement discounts do not apply are strictly nett.
9. If buyers fail to make any payment when it became due or shall have a receiving order made against them, or enter into any composition or arrangement with their creditors, or if being an incorporated company shall have a receiver appointed, or shall pass a resolution for winding up or a court shall make an order to that effect, or if there shall be any breach by the buyers of any terms or conditions hereof, the seller may, without prejudice to their other rights or remedies, defer or cancel any further deliveries.
9.1 Title to the Goods shall not pass until:
(a) the agreed contract price and;
(b) all sums due to Hunter under any contract with the Purchaser have been paid.
9.2 Until title to the Goods passes:
(a) the Goods will be held by the Purchaser as bailee
(b) the Goods shall be kept separate from the Purchasers' other goods and shall be clearly identified as belonging to Hunter
(c) the Purchaser may resell the Goods in the ordinary course of its business as agent for Hunter
9.3 The Purchasers' power of sale under Clause 9.2(c) hereof shall cease forthwith:
(a) upon written notice from Hunter; or
(b) if a receiver or manager is appointed over any of the assets or undertaking of the Purchaser; or
(c) if a petition is presented for the appointment of an administrator or a winding up petition is presented against the Purchaser; or
(d) if the Purchaser goes in to voluntary liquidation or calls a meeting of or makes any arrangement or composition with its creditors; or
(e) if the Purchaser commits any act of bankruptcy or becomes unable to meet its debts within the meaning of Section 123 of the Insolvency Act 1986. whereupon the Purchaser shall continue to hold the Goods as bailee for return to Hunter and Hunter shall have the unqualified right to enter upon any premises where Hunter reasonably believes the Goods to be situated to take possession of the Goods or such of them as remain .
10. If any goods supplied by the seller are shown to be defective to the satisfaction of the seller through faulty material and/or workmanship , then the seller shall supply replacement goods free of charge or, at the option of the seller, refund the purchase price provided that the faulty material is returned to the seller within three (3) months of date of despatch.
The seller in no circumstances, will be liable to the purchaser or user for any loss, damage, or remedial expenses, whether direct or consequential, arising from the goods supplied by the seller for any purpose. Any information or technical assistance given by the seller is given in good faith and is for general guidance only, and does not constitute a warranty, guarantee or recommendation of the suitability of the goods for any specific purpose.