DEBONO LTD. – TERMS AND CONDITIONS OF SALE
General
1.1 Any contract made with us for the sale of goods shall incorporate and be subject to these conditions. Any condition stipulated by the buyer, which is different from or in addition to these terms and conditions shall not be binding upon us unless agreed in writing.
1.2 Any quotation given by us is any invitation to make an offer only, and shall be binding on us when accepted in writing by our invoice.
1.3 Unless otherwise agreed in writing, we reserve the right to deliver goods of different description provided that the substituted goods are suitable for the purpose made known to us.
Delivery
2.1 We will endeavour to comply with agreed delivery times and dates, but such dates are estimates and not guaranteed, and shall not be deemed a term and condition of the contract of sale.
2.2 We shall not accept liability for the failure to meet such dates, and such failure shall not entitle you to repudiate or cancel the contract, unless we cannot deliver within 48 hours. Delivery shall be deemed to take place on the physical delivery of the goods by, or on behalf of us, to the customer’s point of delivery.
2.3 All goods delivered must be inspected by you on receipt, and claims in respect of incomplete or incorrect supplies must be notified to us, preferably in writing, within 24 hours, otherwise the products will be deemed to have been accepted by you.
2.4 The risk in the goods supplied shall pass to you at the time of delivery of the goods.
Goods
3.1 All goods comply with the Government statutory and official requirements in connection with the sale and delivery thereof, and in the case of specific customer specifications and requirements these have been agreed in writing by the company. No liability for the consequential loss or damage arising from the sale is accepted by the company.
3.2 Product specifications are available on request.
Payment
4.1 All goods shall be paid for within 25 days of end of month of invoice. In the event of a customer failing to pay on the due date, we reserve the right to charge interest from the due date of payment at the rate of 2% above the Bank of England Base Rate or the Statutory Rate whichever is the greater. The contract between us is subject to the proviso that at any time in the future, if we doubt your creditworthiness, we may require immediate payment in full. If this is not forthcoming we may suspend all further deliveries.
Price
5.1 The price charged is exclusive of VAT. We reserve the right to vary prices at any time prior to delivery of the goods, to take into account any increase in the costs to us of goods, materials, labour, transport, taxes or currency fluctuations.
5.2 Where products are sold in split cases, charges are increased by 10%.
Title retention
6.1 Unless the purchase of the goods comprised in this, or any other contract between us, and all other sums whatsoever which are, or shall become, outstanding from you to us shall have been paid in full (and if by cheque), the following shall apply.
6.2 Notwithstanding sale of goods to you, ownership and legal title of the goods shall remain with us.
6.3 You hereby irrevocably authorise us, at any time prior to the title passing to you under these conditions, at your expense, to enter any premises where the goods are kept, to take the possession thereof, upon your default in any of your financial obligations to us.
6.4 You shall store these goods so that they are readily identifiable as being our property.
6.5 You shall notify us without delay of any action being taken by a third party which may infringe our title of the goods.
6.6 You shall insure the goods against theft and damage howsoever caused until we receive payment in full.
Lien
7.1 We retain a general lien on any of your equipment or other goods in our possession for any unpaid balance you may owe us.
Warranty
8.1 You shall inspect the goods on delivery and notify us of any defects and them apparent from reasonable inspection within 24 hours, preferably in writing. Defects not so apparent must be notified in any event to us within 72 hours in writing.
8.2 We shall make good by replacement of the goods or refund of the purchase price defects which, under proper storage and handling, appear in the goods and are notified to us within the time limits set out in clause 8.1.
8.3 The foregoing undertaking is in lieu of any warranties and conditions whether express or implied by statute, common law or otherwise howsoever, and save as aforesaid, we shall not be liable to you for any claims whatsoever (save for personal injury or death arising from our negligence) in respect of the supply of the goods.
Other
9.1 Nothing herein contained shall operate to exclude any warranty or condition implied by the unfair contract terms act 1977 in the event of your dealing as a “customer” as defined by s.12 of the said act.
9.2 We will make a search with a credit reference agency, which will keep a record of that search and will share that information with other businesses. We may also make inquiries about the principal directors with a credit reference agency.
9.3 Debono Ltd. must be notified in writing of any change made in accompany status (e.g. unlimited to limited) prior to any subsequent transactions being made.