Defination
‘The Company' means DODI UK LTD
‘The Buyer’ means the person, persons, firm or Company entering into a contract with 'The Company'.
‘Goods’ means the products or services supplied by 'The Company'.
‘Terms’ means the terms set out herein and any special terms agreed in writing, between 'The Company' and 'The Buyer'
‘Contract’ means the contract for the supply of goods incorporating these terms and conditions of sale.
These are the terms, which apply to all sales and are the basis upon which orders are accepted. They will apply to all future
transactions unless or until varied in writing.
General :
- No terms, conditions or reservations stipulated by The Buyer, and no course of dealing shall Annul, vary or add to any of the terms and conditions set out herein.
- No cancellation or variation of any contract is permissible without the agreement of The Company, and on terms that the buyer shall indemnify The Company against all losses of profit and cost incurred.
- In the event that either party shall become subject to proceeding under the Insolvency Act 1986 the other party shall have the right to terminate the Agreement forthwith.
Availability :
Not withstanding acceptance of any, all goods are offered for sale subject to availability.
Pricing :
- All prices are subject to alteration without prior notice and the products will be invoiced at the price ruling on the date of delivery.
- Prices may be subject to changes in duty.
- Prices in this list are quoted exclusive of Value Added Tax which will be added, where applicable, at the current rate, on the day of delivery.
Payment :
- For The Buyer/s who have credit facilities, payment for the products supplied shall be made by 7th day following the date of receipt of goods and should be made to DODI UK LTD. at 34 Hogarth Court, Steeplands Bushey, Hertfordshire WD23 1BT or by Bank Transfer to Lloyds TSB Bank plc, Edgware Branch, 105-109 Station Road, Edgware, Middlesex HA87JL Account No: 04143256, Sort Code: 30-98-07 Account Name: DODI UK LTD. If payment is made by BACS or CHAPS please forward a remittance advice to inform us of the relevant invoices. For Buyers without credit accounts, payment for products supplied shall be strictly net cash on receipt of goods.
- The Buyer shall not be entitled to make any deduction or set off any sums claimed by The Company any amount due or claimed against The Company by The Buyer.
- All discounts from trade prices are granted on condition that payment is made by the due date. Should payment not be received by the due date discounts may be removed and products invoiced at standard trade prices.
- In the event that the customer shall fall into arrears with any payment whatsoever, then all other unpaid amount shall become due and The Company shall be entitled to suspend any further deliveries and withdraw credit facilities for future transactions.
- The Company reserves the right to :
- Apply a 5 % finance charge per month from the original invoice date on any amount remaining unpaid after the due date.
- To charge a minimum of £ 25 for each cheque unpaid by The Buyers bank and a minimum of £ 25 for each unpaid direct debit including cheques, which are returned marked “Please Represent”.
Delivery :
- Risk in products shall pass to The Buyer on delivery
- Delivery dates are given in good faith but are estimates only.
- Time for delivery shall not be of essence of the contract.
- Neither The Company, nor any of its directors, officers, employees or agents, shall be liable for any loss arising from any action taken, or omitted, by it or them, under or in connection with the Agreement or the Assignment.
- Without prejudice to clause 5(d) the Company shall not in any case be liable for indirect or consequential damages.
- The Company’s total liability under or in connection with the Agreement (except in the case of willful misconduct) whether founded in contract or in tort, is limited in respect of any event, or series of connected events, to a sum equal to the Total Contract Price payable for the duration of the Agreement or for six months (whichever is shorter).
- Nothing in this Agreement shall exclude The Company’s liability for death or personal injuries caused by the company’s negligience.
Claims :
The Company accepts no liability for loss or damages to goods in transit unless:
- Goods are examined immediately upon receipt.
- The Buyer notifies The Company, in writing, within 3 days of any claim for short delivery or damage to the goods.
- The relevant delivery document is endorsed with details of any obvious loss or damage.
Returns :
- Goods returned by The Buyer without the consent of the Company will not be accepted for credit.
- The Company reserves the right to refuse to credit the value of any returned goods, which are not in a saleable condition.
- The Company will be entitled to make an additional charge if, in its discretion, it agrees to accept the return of goods at The Buyer’s request.
Retention of Title :
Until the Company has received payment for all Goods whatsoever that The Company has supplied at any time to The Buyer
or to any holding, subsidiary or associate Company of the Buyer as defined respectively by section 736 of the Company’s act,
1985 and section 435 of The Insolvency Act,1986.
- The goods shall remain The Company’s property and The Buyer shall store the goods separately and /or keep them in such a way that they can be readily identified as being the property The Company.
- The Buyer accepts that he holds the goods in a fiduciary relationship as the Company’s bailee.
- The Buyer is permitted to sell the goods in the ordinary course of business on the basis that the net proceeds of any sale shall become The Company’s property but has no authority to enter into any contract of sale on the companies behalf.
- Without prejudice to any other remedy that The Company may have, The Company may, at any time revoke the buyer's power of sale by notice to The Buyer if the Buyer is in default in payment of any sum whatsoever due to The Company, or if any cheques or other negotiable instruments drawn by The Buyer in favour of The Company is dishonoured on presentation for payment ,or if The Company has bona fide doubt as to the solvency of The Buyer.
- The Buyers power of sale shall automatically cease if any administrative receiver is appointed over any of the assets of The Buyer or, if the buyer goes into voluntary liquidation or call a meeting of its creditors or commits any act of bankruptcy.
- Upon determination of The Buyer's power of sale all sums payable in respect of the goods supplied shall become due immediately, notwithstanding that any period of credit permitted upon the contract may not have expired, and The Company shall be entitled to enter upon any premises of The Buyer, or to which The Buyer has access, for the purpose of removing any remaining goods which The Buyer agrees to place at The Company’s disposal.
- The Company may maintain an action for the price of the goods notwithstanding that ownership of them has not passed.
Force Majeure :
The Company shall not be liable for any failure or delay in performance of it’s obligation to The Buyer as a result of causes beyond The Company’s reasonable control.
Variation :
- Any condition of the contract which The Buyer may seek to impose shall form no part of the Contract between The Buyer and The Company and any change to the above Terms and Conditions must be agreed in writing. None of The Company’s employees has the right to bind The Company to any verbal agreement.
- If any of these Terms and Conditions is rendered void or unenforceable at law then that part shall be savable from these Terms and conditions and they shall remain otherwise in full force and effect.
Judicial Jurisdiction :
These conditions shall be construed and governed in all by English law and The Buyer and The Company shall submit to the Jurisdiction of the English Courts.
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