TERMS AND CONDITIONS OF SALE
INTRODUCTION
I . In these conditions "The Company" shall mean All Bees Ltd. 'The Buyer" shall mean the person, firm or Company to whom the Company agrees to sell or supply the goods.
2.All contracts of sale of goods incorporate these conditions so far as such conditions are not varied by any special terms or conditions agreed in writing between the parties. Any terms and conditions of the Buyer which are inconsistent with these conditions shall have no effect. Any variation of the contract will become binding only if confirmed in writing by the Company.
RISK
3.Risk shall pass to the Buyer when the goods are delivered to the premises of the Buyer or to a delivery address nominated by the Buyer. Provided nevertheless that from the time of dispatch thereof from the sellers premises and until such delivery the risk of any loss or damage to or deterioration of the said goods from whatsoever cause arising shall be borne by the Buyer
RESERVATION OF TITLE
4.Title in the goods shall pass to the Buyer only when payment in full has been received by the Company for all goods whatsoever supplied (and all services rendered) at any time by the Company to the Buyer. The Buyer shall permit the servants or agents of the Company to enter onto the Buyers premises and repossess the goods at any time prior thereto.
5.Subject to (7) below. The Buyer shall be at liberty to resell the goods in the ordinary course of business prior to the passing of title on the basis that the proceeds of sale belong to the Company to whom the Buyer will account.
6.The Buyer's power of sale shall automatically cease if a Receiver is appointed over any of the assets, or the undertaking of the Buyer or a winding up order is made against the Buyer or the Buyer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or cause a meeting of or makes any arrangement or composition with creditors or commits any act of bankruptcy or allows execution to be levied against its or his goods.
7.Should the goods or any of them be converted into a new product, whether or not such conversion involves the admixture of any other goods or thing whatsoever and in whatever proportion s the conversion shall be deemed to have been effected on behalf of the Company and the Company shall have full legal and beneficial ownership of the new products but without accepting any liability whatsoever in respect of such converted goods in relation to any third party, and the Buyer hereby indemnifies the Company in relation thereto.
DELIVERY
8.(i) Delivery otherwise stated all goods for delivery within the mainland of Great Britain will be dispatched carriage paid by the conveyance of the Company's choice Where the Buyer requires a different means of conveyance any extra cost must be paid by the Buyer.
9. The Buyer must carefully examine all goods immediately upon their arrival. In the event of damage to the goods in transit or any short delivery written notification thereof with the claim must reach the Company and the carrier within three days of receipt of the goods (such notification not to be on the carrier's own documents). In the event of non delivery such notification and claim must reach the Company within I 0 days of the date of invoice. In the event of a failure to comply with the above requirements claims in respect of damage in transit, short delivery or non-delivery etc, will not be accepted by the company and in no event whatsoever will the Company be liable to the Buyer in respect of such loss or damage beyond the amount which it has been able to recover from its insurers, the carrier or the third parties.
I0 . The above clause', shall not be interpreted in any way as giving right to the Buyer to return to the Company any goods other than those agreed to by the Company.
LIEN
11.(i) Notwithstanding that credit has or may be given for the payment of the price of goods referred to in the invoice annexed or attached hereto, the seller shall be entitled to retain possession hereof until payment. 12.In addition to any right of lien to which the seller may by law be entitled the seller (in the event of the Buyers insolvency) be entitled to a general lien on all goods of the Buyers in the sellers possession (although such goods or some of them may have been paid for) for the unpaid price of any other goods sold and delivered to the Buyer by the Company under the same or any other contract.
PRICES
13.Prices are subject to variation by the company without notice. Goods wi ll be invoiced at price ruling at date of dispatch.
RETURN OF STOCKS HANDLING CHARGE
14.If the Buyer requests the Company to take back goods sold by the Company to the Buyer, and if the Company agrees to take back such goods, then the Company will issue to the Buyer a credit note to the value of these goods including VAT less a handling charge of 20% of the net value of the goods plus VAT on such handling charge.
PAYMENT BY CHEQUE
15.The Buyer shall be responsible to the Company for payment of any bank charges incurred by the Company with its Bankers for representation on one or more occasions of any cheques of the Buyer which are not met when presented for payment.
LIMITED LIABILTY
16.All Bees Ltd liability shall be limited to the value of the goods sold ex-works. In no event shall All Bees Ltd be liable for any consequential damages caused by the use of its products, the application thereof, misuse, use against the recommendations of the manufacturer .
I have read and understood the terms and conditions of sale of All Bees Ltd. I accept and agree to these terms and also the undersigned take personal responsibility for and guarantee any debt incurred by our company.