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Terms and ConditionsDefinitions
In these conditions ?the seller? means Kayospruce Limited, ?the
purchaser? means the person, firm or Company to whom the
seller agrees to sell or supply the goods and ?goods? means the
items specified in the purchaser?s order, seller?s invoice, seller?s
delivery note or seller?s price lists and quotations.
Contract
No contract is valid unless confirmed by the seller in writing.
This confirmation is conditional upon the seller being satisfied
as to the financial status of the purchaser.
Variation of Conditions
Unless agreed in writing with a Director of the seller, these
conditions shall be the only conditions of the contract.
No oral variations shall be binding and any conditions contained
in the purchasers official terms shall be of no effect.
Prices
The seller reserves the right to change any price without prior
notification to allow for increases in cost etc.
Carriage
Carriage is a next day service by courier or 1st class post and
is charged extra
Delivery
i) Deliveries are quoted subject to the purchaser supplying all
necessary assortment and finishing instructions within sufficient
time. Failing this, the seller reserves the right to postpone
delivery.
ii) If the purchaser requests delivery to be delayed, the seller
reserves the right to invoice the goods on the contracted delivery
date and charge for storage and handling.
Force Majeure
The seller undertakes to meet contract conditions under all
reasonable circumstances.
However, failure to do so by reason of acts of God, civil and
industrial disturbance, fire, government action, shortage of
materials, or cause beyond the reasonable control of either
party will leave either party free to cancel or renegotiate delivery
without sustaining liability.
Passing of Property
The property of any goods shall pass to the purchaser when,
and not until, all monies on this or any other contract shall have
been paid in full. Until such payment has been received the
seller shall be at liberty to remove the goods.
Passing of Risk
All goods delivered under the contract are at the purchasers
risk and must be paid for not withstanding any
damage sustained, however caused. The purchaser must insure
all goods upon delivery.
Non Delivery
The purchaser must notify the seller in writing of any shortage
or non-delivery within seven days.
Alleged Faults
Immediately on receipt, the purchaser must inspect the goods
and make all necessary tests to establish the existence of any
defects. Should any of the goods delivered under the contract
be alleged to be defective, the purchaser undertakes to give
immediate notice to the seller and not subject the goods to any
further process. The company cannot be held liable for goods
which have been processed in any way and, in any event, the
seller?s liability is limited to replacement cost of goods only.
Return of Goods for Credit
In cases where the returned goods are not faulty, the seller
reserves the right to deduct a ?Handling Charge? from the
amount of the refund.
Use
Goods are supplied in line with sample and description, subject
to normal commercial tolerance.
The decision as to a product?s suitability for a particular end use
must lie with the purchaser and what is fair and reasonable.
Payment
Payment will be strictly 30 days net.
The seller reserves the right to charge interest at a level of 3
1/2% over minimum lending rate on any overdue accounts.
Dishonoured cheques will be subject to an administration
charge of £25.00.
Legal Construction
All contracts drawn under these terms shall be subject to the
laws and jurisdiction of England.
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