Conditions of Sale

BELL PLUMBING SUPPLIES LIMITED

Terms & Conditions of Sale

1. Definitions
(a)“The Company” means “Bell Plumbing Supplies Limited”
(b) “Due date” means the last day of the month following the month of receipt by the buyer
(c) “Goods” means the articles or things or any of them described in the order placed by the buyer for the supply of the goods.

2. Neither the buyer nor the Company shall be bound by any variation, waiver or addition to these conditions, in particular any variation in these conditions in the document of the buyer, except as agreed by both parties in writing.

3. No goods supplied by the Company are supplied on a sale or return basis.

4. Any time or date for delivery named by the Company is intended as an estimate only and the Company shall not be liable for the consequences, whether directly or indirectly arising out of any delay.

5. The Company reserves the right to implement an interest charge calculated at 2.5% above Lloyds TSB Bank PLC minimum lending rate on any account overdue. Accounts shall be deemed to be overdue on the day after the due date, unless otherwise stated on the new account letter. Should the buyers account not be paid as per the agreed terms the Company reserves the right to claim all monies outstanding immediately and close the account.

6. The risk in the goods shall remain in the property until delivery to the buyer whereupon it will pass to the buyer.

7. (a)All goods remain the property of the Company until the Company has received full payment from the buyer for the entire buyer’s outstanding debts due to the Company howsoever arising.
(b) Until the date of such payment the buyer will, if requested, store the goods so as to make clear that they remain the property of the Company.

8. (a) All goods remain the property of the Company until the Company has received full payment from the buyer for the entire buyer’s outstanding debts due to the Company howsoever arising.
(b) Until the date of such payment the buyer will, if requested, store the goods so as to make clear that they remain the property of the Company.

9. (a) Notwithstanding the foregoing conditions 6 and 7 the buyer shall have power to sell the goods as principal on the buyer’s own account unless and until the buyer shall fail to pay the Company on the due date any sum payable under the contract with the Company, or if a receiving order shall be made to the buyer or the buyer shall become bankrupt, or enter into any agreement or composition with creditors, or being an incorporated Company shall have a receiver appointed or pass a resolution for wind up, or have an Order of Court made against it to any such effect.
(b) In the event that any of the events in paragraph (a) shall occur or if the buyer defaults in any of his obligations under these conditions the Company may without prejudice to its other rights have the right forthwith to determine any contract then subsisting or to suspend or cancel any further deliveries under this contract or require payment in advance for all or any further deliveries.

10. The Company reserves the right to implement a restocking charge on goods returned, subject to information relating to date of invoice purchase and resaleability of goods in question. All goods returned must be returned with a copy of the original invoice.

11. The buyer shall inspect the goods immediately on receipt thereof and shall, within 3 days from receipt, give notice in writing to the Company of any matter or thing whereby he alleges that the goods are not in accordance with the contract. If the buyer fails to give such notice the goods shall be deemed to be, in all respects, in accordance with the contract and the buyer shall be bound to accept and pay for the same accordingly.

12. No claim for damage in transit or shortage of delivery will be entertained unless notice in writing is given to the Company, and in the case of delivery by separate carrier, additionally to the carrier of the goods, within 3 days of receipt of the goods by the buyer.

13. (a) Notwithstanding that any credit may have been given to the buyer for the payment of the price of the goods the Company shall be entitled to retain possession thereof until payment.
(b) In addition to any right which the Company may by law be entitled the Company shall, in the event of the buyer’s insolvency, be entitled to a general lien on all goods of the buyer in the Company’s possession (although such goods or some of them may have been paid for) the unpaid price of any other goods sold and delivered to the buyer by the Company under the same or any other contract.

14. Any written notice required to be served under these conditions shall be deemed duly served if, in the case of an individual, it is sent by ordinary first class post to his last known residential address or in the case of one address to a limited company if it sent by ordinary first class post to its registered office, such notices shall be deemed to have been received and served when the same would have been delivered in the ordinary course of post.