TERMS AND CONDITIONS OF TRADE.
1. DEFINITIONS
In these terms and conditions "the seller" is David W Price (Glass) Limited and "the buyer" is the person, firm or company by whom the purchase order is given. "The goods" are those products listed on the relevant invoice(s).
2. NEW ACCOUNTS
The seller will be pleased to open a credit account for the buyer subject to satisfactory credit references being provided and taken up. Trading will initially be on a "cash with order" basis until such time as an account is opened.
3. PRICES
Prices are exclusive of VAT where applicable, and are those ruling at the date of despatch. Provided deliveries are made by the seller's designated transport in standard batch delivery quantities, prices are inclusive of delivery within mainland U.K. Where non-standard deliveries are specified by the buyer, carriage will be added at cost. In particular, carriage will be charged for all deliveries of a lower value than £50.00.
4. INVOICES
All invoices are payable net, with no deduction for discounts etc. Payment is deemed to have been made when the remittance has been cleared by the buyer's bank. No deduction in the payment of invoices may be made unless this is authorised by a credit note issued by the seller. All invoices are due for payment on the 1st day of the month following invoice date. Any invoice outstanding beyond this period will be referred to a debt collection agency and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge, together with all other charges and legal fees incurred, will be the responsibility of the customer and will be legally enforceable.
5. DAMAGES, SHORTAGES AND NON-DELIVERIES
The seller will not accept any claim in respect of damage in transit, shortages or non-delivery unless the seller is advised in writing within 48 hours of delivery.
6. PAYMENT
(a) Payment will firstly be set against any outstanding credit and collection surcharges, with the balance being allocated to unpaid invoices in date order where possible, unless the buyer provides reasonable identification of settled invoices in the form of a remittance advice..
(b) If the buyer's account becomes overdue, the seller may suspend any future deliveries of goods until payment is
received in full. In addition, the seller may impose a surcharge of 2% compound per month on all overdue accounts
until payment is received in full. Overdue accounts may also be the subject, at the seller's sole option, of appropriate
legal proceedings for collection.
(c) If the buyer’s credit limit is exceeded prior to the end of the month and invoices have not yet fallen due, payment of
the oldest invoice will be required to ensure continued supply of goods.
(d) David W. Price (Glass) Ltd. cannot accept payment of account by credit card.
In the event that legal proceedings are instituted by the seller a collection surcharge of 15% of all sums then due will be added, in addition to all appropriate court fees.
7. EXCLUSION OF LIABILITY
The seller's liability in respect of goods proven by the buyer to be defective, is limited to giving the buyer, at the seller's discretion , a credit note in respect of the defective goods, or replacing the defective goods free of charge. The seller shall not otherwise be liable to the buyer for any other loss, damage, or injury consequential or otherwise arising out of the defective goods, or attributable directly or indirectly to the acts faults or negligence of the seller or any of the seller's servants or agents.
8. PASSING OF RISK AND OWNERSHIP OF THE GOODS
The risk in the goods shall pass to the buyer on delivery of the goods to the buyer or any person employed by the buyer or authorised by the buyer to receive the goods. Ownership of the goods shall remain the legal property of the seller until the seller has received full payment for the goods.
9. GENERAL
Goods, payments, purchase orders and all communications given by the buyer to the seller, in the field, to the post office, or to any carrier or agency are at the buyer consignor's risk and will not be deemed to have been received by the seller until they are received at the seller's address.
All orders placed by the buyer are subject to the terms and conditions of trade described above, unless specifically varied in
All orders placed by the buyer are subject to the terms and conditions of trade described above, unless specifically varied in
.