| 2. |
EXISTENCE of CONTRACT |
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| 2.1 |
No
Contract shall come into existence until
the customer’s order is accepted by
the earliest of (a) Delivery of the goods
or (b) the Company’s invoice
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| 2.2 |
These
conditions shall be incorporated in the
Contract to the exclusion of any terms
or conditions stipulated or referred to
by the customer. |
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| 3. |
PRICES |
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| 3.1 |
Prices
exclude freight insurance delivery charges
VAT and other taxes or duties |
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| 4. |
PAYMENT |
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| 4.1 |
All invoices
are payable without discount of any kind
in pounds sterling within 30 days of the
date of the Company’s invoice to Accumed
Limited stated on the invoice and in no
circumstances shall the Customer be entitled
to make any deduction or withhold payment
for any reason at all. |
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| 4.2 |
Time of
payment shall be of the essence of the Contract.
Without prejudice to any other rights of
the Company if the Customer fails to pay
the invoice price by the due date the Customer
shall not be allowed any discount given
in that invoice and shall pay interest on
any overdue amount from the date on which
payment was due to that on which it is made
(whether before or after judgment) on a
daily basis at a rate of 4% per annum over
the base rate from time to time quoted by
Lloyds TSB Bank PLC and reimburse to the
Company all costs and expenses including
legal costs and expenses including legal
costs incurred in the collection of any
overdue amount. |
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| 5. |
TITLE |
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| 5.1 |
For the
purposes of Section12 of the Sale of Goods
Act 1979 the Company shall transfer only
such title or the rights in respect of the
Goods as the Company has and if the goods
are purchased from a third party shall transfer
only such title or rights as that party
had and has transferred to the Company |
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| 5.2 |
Not withstanding
the earlier passing of risk title in the
Goods shall remain with the Company and
shall not pass to the Customer until the
amount due under the invoice for them has
been paid in full. |
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| 5.3 |
Until title
passes the customer shall hold the Goods
as bailee for the Company and shall store
and mark them so that they can be at all
times be identified as the property of the
Company. |
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| 5.4 |
The Company
shall be entitled at any time before the
title passes to repossess and use sell all
or any of the Goods and so terminate (Without
any liability to the Company) the Customer’s
right to use, sell or otherwise deal in
them and for that purpose for determining
what if any Goods are held by the Customer
and inspecting them to enter any premises
of the Customer. |
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| 5.5 |
Until title
passes the entire proceeds of the sale of
Goods shall be held in trust for the Company
and shall not be mingled with other monies
or paid into any overdrawn bank account
and shall be at all times identified as
the Vendor’s money. |
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| 5.6 |
The Company
shall be entitled to maintain an action
for the price of any Goods notwithstanding
that title in them has not passed to the
Customer. |
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| 6. |
RISK, DELIVERY and PERFORMANCE |
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| 6.1 |
Conditions
of Business Goods are delivered to the Customer
when the Company makes them available to
the Customer or any agent of the Customer
or any carrier (who shall be the Customer’s
agent whosoever pays his charges) at the
Company’s premises |
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| 6.2 |
Risk in
the Goods passes when they are delivered
to the Customer. |
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| 6.3 |
The Company
may at its discretion deliver the Goods
by instalment in any sequence |
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| 6.4 |
Where the
Goods are delivered by instalments, each
instalment shall be deemed to be the subject
of a separate contract and no default or
failure by the Company in respect of any
one or more shall vitiate the Contract in
respect of the Goods previously delivered
or undelivered. |
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| 6.5 |
Any dates
quoted by the Company for the delivery of
the Goods are approximate only and shall
not form part of the Contract and the Customer
acknowledges that in the performance expected
of the Company no regard has been paid to
any quoted delivery dates |
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| 6.6 |
The Company
shall not be liable for any penalty loss
injury damage or expense arising from any
delay or failure in delay or performance
of any of the items of this Contract. |
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| 7. |
CLAIMS AND NOTIFICATION |
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| 7.1 |
Any claims
for non-delivery of any Goods shall be notified
in writing by the Customer to the Company
within 7 days of delivery of the goods |
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| 7.2 |
Any claim
that any Goods are defective or have been
delivered damaged or are not of the correct
quantity or do not comply with their description
shall be notified in writing by the Customer
to the Company within 7 days of delivery
of the Goods. |
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| 7.3 |
The Company
will not be liable for any such claim if
the Customers do not meet this condition. |
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| 8. |
SCOPE
of CONTRACT |
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| 8.1 |
The company
shall not be liable for: Any defects resulting
from wear and tear accident improper use
by the Customer otherwise than in accordance
with the instructions or advice of the Company. |
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| 9. |
EXTENT
of LIABILITY |
|
| 9.1 |
The Company
shall have no liability to the Customer
(other than liability for death or personal
injury resulting from the Company’s
negligence) for any loss or damage of any
nature arising from any breach of any express
or implied warranty or condition of the
Contract or any negligence, breach of statutory
or other duty on the part of the Company
or in any other way out of or in connection
with the performance or purported performance
of or failure to perform the contract except
in accordance with this condition. |
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| 9.2 |
If the
customer establishes that any Goods have
not been delivered, are not of the correct
quantity or do not comply with their description
the Company shall, at its option, replace
with similar goods any goods which are missing,
lost or damaged or do not comply with their
description, or allow the Customer the credit
for their invoice value. |
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| 9.3 |
If the
Customer establishes that any Goods are
defective the Company shall, at its option,
replace with similar goods, or allow the
customer credit for the invoice value. |
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| 9.4 |
Where the
Company is liable in accordance with this
condition in respect of only some or part
of the Goods the Contract shall remain in
full force and effect in respect of the
other or other parts of the Company at the
prices ruling at the date of despatch. |
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| 10. |
GENERAL |
|
| 10.1 |
The Contract
is between the Company and the Customer
as principals and shall not be assignable
by the customer without the express written
consent of the Company. |
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| 10.2 |
The Company
may at its discretion suspend or terminate
the supply of any Goods if the Customer
fails to make payment when and as due or
otherwise defaults in any of its obligations
under the Contract or becomes insolvent,
has a receiver appointed over its business
or is compulsorily or voluntarily wound
up and in case of termination shall be entitled
to forfeit any deposits paid. |
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| 10.3 |
Force Majeure:
The Company shall not be liable for any
failure in the performance of any of its
obligations under the contract caused by
factors outside its control. |
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| 10.4 |
This Contract
is subject to the Law of England and Wales. |
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| 10.5 |
All notices
are to be served on the Company or the Customer’s
registered office. |
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Bank
Details for BACS Payments
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Account
Name: Accumed Ltd. |
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Account
No. 3481258 |
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Sort
Code: 30-92-45 |
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Bank:
Lloyds TSB Bank plc |
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George Street, Croydon Branch |
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95 George Street |
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Croydon Surrey CR9 2NS |
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SWIFT CODE: LOYDGB2L |
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