TERMS AND CONDITIONS OF SALE
1. Application of Terms and Conditions Orders are only accepted subject to the conditions of sale as herein printed of Arthur Cottam & Company (Horseshoes) Ltd. Any variation of these conditions in any document of the Purchaser is inapplicable unless accepted in writing by Arthur Cottam & Company (Horseshoes) Ltd.
2. Quotation and Order Acceptance A quotation is not an offer and may be withdrawn without notice.
(a) Orders are subject to prices ruling on the date the order is despatched and are subject to amendment on or after acceptance of an order with notice unless otherwise agreed in writing by Arthur Cottam & Company (Horseshoes) Ltd.
(b) Orders are subject to a minimum goods value of £10.00 (excluding V.A.T)
(c) All taxes and other duties upon production and/or delivery of the goods shall be paid by the Purchaser unless otherwise specified by Arthur Cottam & Company (Horseshoes) Ltd.
4. Design and Specification:
(a) All goods will be manufactured to Arthur Cottam & Company (Horseshoes) Ltd normal specification and tolerance unless otherwise specified by the Purchaser and accepted by Arthur Cottam & Company (Horseshoes) Ltd.
(b) The Policy of Arthur Cottam & Company (Horseshoes) Ltd is one of continued development and Arthur Cottam & Company (horseshoes) Ltd therefore reserve the right to alter specifications and design without notice and without obligation. As a consequence of this items may differ in detail illustrations in the catalogue.
(c) All descriptions, illustrations, drawings, catalogues and other particulars supplied do not form part of the order unless accepted by Arthur Cottam & Company (Horseshoes) Ltd in writing
(d) Every endeavour will be made to supply materials in accordance with the quality as samples submitted or quoted for but cannot be guaranteed
(e) All descriptions, illustrations, drawings, catalogues and other particulars supplied by Arthur Cottam & Company (Horseshoes) Ltd are copyright and may not be copied or used for any purpose other than that for which they are supplied without the express written authority of Arthur Cottam & Company (Horseshoes) Ltd.
5. Conditions and Warranties
(a) No conditions or warranty is expressed or to be implied as to the life or wear of the goods supplied or that will be suitable for any particular purpose or for under any specific conditions, notwithstanding that such purpose or condition may be known or made known to Arthur Cottam & Company (Horseshoes) Ltd
(b) Any express or implied statement, condition or warranty statutory or otherwise, not stated herein is hereby excluded and deemed to be inconsistent herewith. No responsibility is accepted by Arthur Cottam & company (Horseshoes) Ltd for any damage or loss arising directly or indirectly out of goods supplied or for any damage or loss arising by reason of any failure of the goods to comply with the specifications. Furthermore Arthur Cottam & Company (Horseshoes) Ltd shall be under no liability in contract or tort for any damage arising directly or indirectly out of the supply or use of the goods or of the packages or pallets or containers in which the goods are delivered.
6. Defective Goods
(a) Arthur Cottam & Company (Horseshoes) Ltd reserves the right at its sole discretion to decide whether any goods are defective
(b) Defective goods will be replaced or rectified by Arthur Cottam & Company (Horseshoes) Ltd as originally ordered, or if rectification or replacement is not practicable Arthur Cottam & Company (Horseshoes) Ltd will credit the value of the goods at the invoice price provided
(c) Claims under sub-clause (b) above must be made in writing to Arthur Cottam & Company (Horseshoes) Ltd within 10 days of the date of delivery
(d) Goods manufactured in accordance with the Purchaser’s specification shall not be replaced
(e) Arthur Cottam & company (Horseshoes) Ltd shall not be liable for any loss, damage liability or expense whatsoever and howsoever arising from any defect save as detailed in sub-clause (b) Hereof
(f) Defects discovered in any delivery shall not entitle the Purchaser to rescind the remainder of the Contract
(g) All transport charges arising hereunder are the responsibility of the Purchaser.
7. Damages, Loss in Transit
(a)Arthur Cottam & Company (Horseshoes) Ltd foes not accept any responsibility for shortages or for goods damaged in transit unless such shortage or damage is endorsed on the delivery note if examined or, if the goods have been signed for as not examined, notified within 48 hours and reported by separate notice in writing to the carriers and within 10 days of receipt of the goods by the Purchaser or the Consignee
(b) In the event of non-delivery of the goods in whole or in part, no claim can be entertained unless notice in writing of such non-delivery reaches Arthur Cottam & Company (Horseshoes) Ltd within 10 days of the date of despatch
(c) A shortage or surplus, charged pro-rata, not exceeding 10% will be considered due execution of any order.
8. Delivery Commitments
(a) Delivery commitments are entered into in good faith but are not guaranteed, and Arthur Cottam & Company (Horseshoes) Ltd shall not be liable for any loss or damage occasioned by failure to deliver on the specified date howsoever caused Nor shall failure be deemed to be breach of the Contract, or any of its conditions, or part thereof
(b) Refusal of the Purchaser to accept part or whole delivery at the time specified in the contract shall permit Arthur Cottam & Company (Horseshoes) Ltd to treat the Contract as repudiated by the Purchaser and to decline to make further deliveries without prejudice to Arthur Cottom & Company (Horseshoe) Ltd’s right to recover damages for breach of contract
(c) Where Contracts provide for a single delivery, goods shall be delivered and accepted as soon as ready.
(d) Where Contracts provide for deferred delivery such delivery shall be accepted as specified in the Contract, or as soon thereafter as ready. In the event of failure to accept any delivery the balance remaining undelivered shall be invoiced (payment for such balance immediately therein becoming due) and storage cost charged to the Purchaser’s account, the goods being held at the Purchaser’s risk
(e) Should deliver of work be required sooner than the normal time needed for its proper production every effort will be made to secure freedom from defect, but reasonable allowance must be made by the Purchaser in such cases. Should such delivery necessitate overtime being worked or other additional costs being incurred, a charge will be made to cover the increased cost.
9. Force Majeure Arthur Cottam & Company (Horseshoes) Ltd will endeavour to give all delivery at the rate or within the time specified in the Contract, not withstanding anything to the contrary or implied in this Contract. Arthur Cottam & Company (Horseshoes) Ltd shall not be liable for loss or damage which may be sustained by the Purchaser through failure on the part of Arthur Cottam & Company (horseshoes) Ltd to deliver at the rate within the time specified in this Contract, for any loss or damage incurred by reason of act of God, war, riots, fires, strikes, lockouts, cessation of labour, trade disputes, breakdowns, accidents of any kind or any other causes whatsoever beyond the control of Arthur cottam & Company (Horseshoes) Ltd whether similar to those aforesaid or not
Arthur Cottam & Company (Horseshoes) Ltd shall be entitled to recover all monies owing to them in respect of deliveries made or services performed prior to such failure. The time of any such suspension will be added to the original Contract, including without prejudice to the generality of the foregoing, any inability to obtain the necessary import or export licence or consents of any governmental or other authority.
10. Cancellation of Orders cancellation of an order, in whole or part cannot be accepted without Arthur Cottom & Company (Horseshoes) Ltd’s consent in writing which shall only be given on a full indemnity given by the Purchaser to Arthur Cottom & Company (Horseshoes) Ltd.
11. Terms of Payment
(a) Payment is to be made within 30 days from the date of invoice unless otherwise specified by Arthur Cottom & Company (Horseshoes) Ltd
(b) Payment for all invoices subject to a discount is to be made within 14 days from date of invoice otherwise the discount will be disallowed
(c) The rendering of payments by the Purchaser, at the stipulated time, shall not be affected by existence of any defect, whether or not such defect is the subject of a claim under clause 7(b) hereof
(d) If the purchaser shall fail to make any payment when it becomes due or shall enter into any composition or arrangement with its Creditors, or if being an Incorporated Company it 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 not being an Incorporated Company it shall have a Receiving Order made against it or if there shall be any breach by the Purchaser of any of the terms and conditions hereof, Arthur Cottom & Company (Horseshoes) Ltd may, without prejudice to its other rights and remedies defer or cancel any further deliveries.
(e) OVERDUE ACCOUNTS-unless paid within 30 days Arthur Cottam & company (Horseshoes) Ltd reserves the right to charge interest of 2.5% monthly on the total amount of the order value irrespective or payments which have already been made
(f) If court proceedings are commenced to recover an overdue account, Arthur Cottam & Company (Horseshoes) Ltd reserve the right to charge at the date of issue of the proceedings a 25% surcharge of the total value of the overdue amount
(g) Payment by credit card will be accepted for payment at the time the order is placed but not for orders on credit account terms
(h) A charge of £25.00 shall be made for any stopped of returned cheque.
(a)The ownership of goods to be delivered by Arthur Cottam & Company (Horseshoes) Ltd will only be passed to the Purchaser when all sums owed by the Purchaser to Arthur Cottam & Company (Horseshoes) Ltd have been paid
(b) Should the Purchaser remain in default of any payment for which the Purchaser is liable to, Arthur Cottam & Company (Horseshoes) Ltd reserves the right to decline to make any further deliveries irrespective of which Contract with the Purchaser they spring from, and to rescind the contract in question without judicial interposition, all this without prejudicing Arthur Cottam & company (Horseshoes) Ltd’s right to full compensation and without prejudicing Arthur Cottam & Company (Horseshoes) Ltd right to take back from the Purchaser, goods which by virtue of this clause are still Arthur Cottam & Company (Horseshoes) Ltd’s property
(c) Should any goods delivered by Arthur Cottam & Company (Horseshoes) Ltd to the Purchaser be converted into a new product, whether or not such conversion involves the admixture of any other goods whatsoever and in whatsoever proportions, the conversion shall be deemed to have been effected on behalf of Arthur Cottam & Company (Horseshoes) Ltd and shall have the full legal and beneficial ownership of the new product, but without accepting any liabilities whatsoever in respect of such converted goods in relation to any third party and the Purchaser herein indemnifies Arthur Cottam & Company (Horseshoes) Ltd in relation thereto
(d)The Purchaser shall store all goods delivered by Arthur Cottam & Company (Horseshoes) Ltd but for which payment has not been made, whether or not converted by the Purchaser into a new product, in such a way as to be clearly separate and identifiable from the Purchaser’s other goods and products and the Purchaser hereby grants to Arthur Cottam & Company (Horseshoes) Ltd its servants or agents the right in default of the due payment by the Purchaser at the stipulated time to enter on to the Purchaser’s property for the purpose of recovering such goods
(e) Notwithstanding the above, if the Purchaser shall sell any goods delivered in such manner as to pass to a third party a valid title to the goods, the Purchaser shall hold the proceeds of such sale on trust for Arthur Cottam & Company (Horseshoes) Ltd providing that nothing herein constitute the Purchaser the agent of Arthur Cottam & Company (Horseshoes) Ltd for the purpose of any such sub-sale and also providing that the Purchaser shall not be entitled to sell such goods after the appointment of a Receiver to its property, or it has been placed in liquidation, or, not being a company, has committed an act of bankruptcy.
Carrwood Road, Chesterfield Trading Estate, Chesterfield, Derbyshire S41 9QB
Freephone: 0800 591 547 Phone: 01246 453672 Fax: 01246 268953 Email: email@example.com
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