THE TERMS AND CONDITION OF BUSINESS OF D & G OFFICE SUPPLIES LIMITED (HEREINAFTER 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
28 days from date of invoice. If any amount remains unpaid after 60 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
- 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 re-possess the goods and reserves licence to enter the customer’s (or subsequent buyer’s) premises for that purpose.
- 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 re-sale 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.
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.