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THE TERMS AND CONDITION OF BUSINESS OF D & G OFFICE SUPPLIES LIMITED

(HERINAFTER REFERRED TO AS THE COMPANY)

 

Prices
The prices contained in any quotation or price list are based
on conditions ruling at the date of first publication. If any
increase howsoever arising in the cost of merchandise
including but without being limited to any increase in the
costs of manufacturing or raw materials, labour or transport
occurs after such date, the Company shall be entitled
(subject to any statute or regulation) to make such addition to
the contract price as shall be reasonable in the
circumstances.

 

Payment Terms
30 days from date of invoice. If any amount remains unpaid
after 30 days then all invoices then in existence, whether due
or not due for payment, become payable. Without prejudice
to any other rights it may have the Company is entitled to
charge interest at 2.5% above the Current Base Rate of
Barclays Bank PLC on overdue payment of any invoice
amount or any part thereof.

 

Value Added Tax
All prices quoted are exclusive of VAT that will be charged at
the rate in force at the time of despatch.

 

Title of Goods
(i) Immediately upon delivery to the customer of
any goods agreed to be sold by the Company
to the customer the customer shall become the
bailee thereof and the legal title thereto shall be
retained by the Company as Bailor. Legal title
to any goods supplied by the Company shall
not pass to the customer unless and until the
customer shall have discharged the Company
to the customer. Until all indebtedness is
discharged the Company has the right to repossess
the goods and reserves licence to
enter the customer’s (or subsequent buyer’s)
premises for that purpose.


(ii) Notwithstanding the terms of (i) above the
customer shall be entitled before discharging its
obligations to the Company to resell the goods
or any of them. Upon such re-sale and without
derogating from the Company’s other remedies
(including its right to trace) the customer shall
hold the proceeds of sale upon trust for the
Company until such time as all the customers
indebtedness to the Company under any
contract of sale entered into between them or
otherwise shall have been discharged.
Similarly the benefit of any insurance proceeds
should the goods become damaged prior to resale
shall be held on trust for the Company until
such time as all the customer’s indebtedness to
the Company has been discharged.

 

Export Licence Control
Many products sold by the Company are subject to export
licence control. The customer undertakes to ensure that they
comply with all laws in force at the time when reselling the
goods, particularly the Export of Goods Control Order 1987.

 

Short Delivery and Defective or Damaged Goods
Claims for short delivery or delivery where the goods do not
conform to the delivery note must be made in writing within 48
hours on receipt of the goods. Claims for defective or damaged
goods must be made in writing within 7 days on receipt of the
goods.

 

Delivery
Unless otherwise agreed in writing, goods shall be delivered to the
customer nominated address on the UK mainland by post or the
Company’s carrier. Prices are quoted on this basis. In the event
that the Company agrees to delivery outside of the UK mainland it
reserves the right to charge for carriage and/or insurance in
addition to the prices quoted for the goods. The Company
reserves the right to deliver goods in instalments.

 

Delay/Non Delivery
Invoices are issued on the day following shipment of the goods
from the Company’s warehouse. If the customer does not receive
the goods within 5 days from the date shown on the invoice the
Company must be notified immediately by telephone followed by
confirmation in writing. No responsibility can be accepted by the
Company for transit losses but every assistance will be given in
making claims on carriers providing non receipt is notified within
the time limit. If the Company is unable to deliver the goods for
any reason other then the default of the Company, the Company
shall be entitled to consider that the goods have been tendered to
the customer and acceptance refused. The Company may require
the customer to arrange for storage at its own expense and risk,
failing which the Company shall be at liberty to arrange for storage
of the goods at the customer’s expense and risk.

 

Return of Goods
The Company is unable to accept the return of merchandise
without prior consent. Before returning merchandise the Company
must be notified in writing, with the details included of the
merchandise, the invoice number and date. Authorisation for
return, if appropriate, will then be given. In relation to hardware
products authorisation will only be given if the unit is complete with
all accessories, cables, manuals etc. is in brand new condition and
is in its original pristine packaging.

 

Exclusion of 3rd Party Rights
Not withstanding any other provision of these terms and
conditions, nothing in these terms and conditions shall confer nor
is it intended to confer benefit on any 3rd party for the purpose of
The Contracts (Rights of Third Parties) Act 1999 or for any other
purpose.

 

General
The Company shall not be liable for any failure to perform its
obligations when such failure is due to any cause beyond its
reasonable control.

 

Cancellation
The customer shall be liable for any non-recoverable costs
incurred by the Company should the customer cancel any order it
has placed with the Company. All cancellations must be
confirmed in writing within 48 hours of any oral notification.