SALE OF GOODS TERMS
This statement was last updated on 10/12/2015
Please read these conditions carefully before using this website. By using this website, you signify your agreement to be bound by these conditions.
Terms & Conditions to your use of the website
Terms & Conditions to the sale of goods to you (below)
Conditions relating to the sale of goods to you
These conditions form an integral part of every contract or agreement for the sale and/or supply of goods and/or services (“the products”) by CLAD SAFETY LTD (“CLAD “). Unless specific alterations or deletions are expressly agreed in writing on behalf of CLAD, these conditions shall apply in their entirety to all quotations made and all orders accepted on behalf of CLAD. Except as provided above, no servant or agent of CLAD has any authority to vary these terms or accept other terms proposed by a Customer which are inconsistent with these conditions unless confirmed in writing.
1. Payment Terms
(1) Unless otherwise agreed accounts are due and become payable not later than 30 days from delivery of CLAD’s invoice. Where no account is held Terms are pro-forma or credit card.
(2) Unless otherwise specifically stated the purchase price is deemed to exclude Value Added Tax and this will be added where necessary. All prices quoted are liable to VAT standard rate.
(3) Interest will be payable at the rate of 2% per month on all overdue debts.
(4) CLAD reserve the right to suspend or terminate supply and lower credit limit in default of payments by customer.
(1) CLAD will endeavour to meet any delivery date quoted but delivery dates are given and intended as an estimate only. If there are any circumstances whatsoever which prevent or delay delivery, CLAD shall not be bound to supply or make delivery of any goods ordered nor shall it be liable for any damage or consequential loss or in any other way for failure to supply or delay in delivery when so prevented or delayed.
(2) For delivery costs, please ring the CLAD sales office or see the current price list with delivery details. All goods must be inspected immediately on arrival. Under no circumstances shall CLAD be liable for damage to or from a consignment unless CLAD is notified within three days of receipt of the goods or in the case of non-delivery unless notice is given within seven days of the due date of arrival.
3. Returned Goods
(1) CLAD will not accept the return of goods for any reason unless prior agreement has been received from CLAD. Collection will be made only with valid collection note.
(2) Goods returned for no reason will incur a 20% handling charge. A fee will be charged if collection is required.
(3) Goods returned for exchange for different sizes or styles will incur a 10% handling charge.
4. Risk & Title
(1) It is a condition of the contract that the property in all the products delivered by CLAD to the Customer shall remain vested in CLAD until CLAD has received in cash or cleared funds payment in full for the products delivered and all products agreed to be sold by CLAD to the Customer for which payment is then due.
(2) Until payment due under all contracts between the Customer and CLAD has been made in full the Customer shall hold the products upon trust for CLAD.
(3) Until such time as the property in the products passes to the Customer, the Customer shall hold the products as the Company’s fiduciary agent and bailee and shall keep the products separate from those of the Customer and third parties and properly stored, protected and insured and identified as CLAD ’s property.
(4) Notwithstanding that the property in all products to be delivered to the Customer by CLAD shall remain vested in CLAD until CLAD has received payment in full, the risk of damage to or loss of all or any such products shall pass to the Customer forthwith upon delivery or deemed delivery thereof to the Customer and as from such date of delivery or deemed delivery the Customer shall be liable to pay CLAD the contract price for such products whether or not the same are damaged or lost prior to this dates that the property therein shall pass to the Customer.
(5) Until such time as legal title in the goods passes to the Purchaser CLAD may at any time require the Purchaser, its liquidator, (administrative) receiver or administrator to return the goods and/or may repossess the goods by entering upon any premises of the Purchaser or any third party where the goods are reasonably believed to be stored.
5. Warranty and Limitation of Liability
(1) Save as is specifically set out herein CLAD shall have no liability whatsoever (however arising) in relation to any loss suffered by the Customer or any third party arising from the supply of the products (however caused).
(2) If loss, damage or deterioration (other than for death or personal injury) is caused by CLAD’s negligence, CLAD’s liability shall be limited to the invoice value of the goods.
(3) The employee of CLAD are not authorised to make oral representations as to the quality or fitness for any particular purpose of any products. If a representation is made or an opinion expressed orally which materially affects the customer’s decision to place an order for any products the Customer should ensure that such details are confirmed in writing by a duly authorised officer or employee of CLAD so as to form a part of the contract; no liability can otherwise be accepted.
(4) CLAD shall not be liable to the Customer or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform, any of CLAD ’s obligations in relation to the products, if the delay or failure was due to any cause beyond CLAD ’s reasonable control.
(1) The rights of CLAD shall not be prejudiced or restricted by any indulgence or forbearance extended by CLAD to the Customer and no waiver by CLAD in respect of any breach shall operate as a waiver in respect of any subsequent breach.
(1) These conditions shall be governed by, and construed in all respect in accordance with English Law.
© CLAD Safety 2015. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of CLAD.