Terms and Conditions
TERMS AND CONDITIONS OF BUSINESS
Any contract between Cut Price ltd (The Company) and its customers for the supply of goods shall automatically incorporate these conditions which shall prevail over any other conditions attached to any order or acceptance or other written or oral information notwithstanding any conditions therein to the contrary and any other such conditions shall not form part of the contract between the customer and the company. The waiver or variation of any of the conditions herein at any time by the company shall constitute a waiver or variation for the purpose of that particular transaction only and to no other transaction between the company and the customer unless expressly agreed in writing by the company and other conditions herein contained shall remain in full force and effect. No alteration to the terms and conditions herein will be accepted or implied unless expressly agreed in writing by the company.
QUOTATIONS AND PRICES
All quotations submitted and all orders accepted by the company are subject to these conditions. Prices for the goods shall be those ruling at the date of despatch and the company reserves the right to revise prices and charges in the event of any charging costs or prevailing conditions between the date written acceptance of an order and the date of despatch. The quoted price for the goods is exclusive of VAT.
Payment to be received by the company within 30 days of the date of the invoice. It shall be a condition precedent to future deliveries that all payments due to the company (whether under this or any other contract) shall have been made and if such payments shall not have been made and future deliveries are withheld accordingly the company shall not be liable to the buyer for non- delivery.
While the company will make every effort to effect delivery in accordance with the quoted dates or periods no guarantee is implied as to delivery dates nor will the company be liable for any loss or damage arising from delays in delivery howsoever caused and whether with respect of the whole or part of the goods order delay in deliveries in instalments. Where a contract involves more than one delivery these conditions shall apply to each and every delivery. In the absence of specific delivery instructions from the customer and the company will deliver and the goods by the method which in its opinions is most suitable.
OWNERSHIP AND RISK
The property in respect of the goods and the risk of loss or damage in respect therefore shall pass to the customer on the despatch of the goods from the company’s or its carrier’s premises.
CLAIMS AND LIABILITY
1) The company shall not be liable for any direct loss or damage attributable to defects in the goods or in respect of conditions or warranties whether express or implied by statute or at common law, which have not been confirmed by the company in writing.
2) The company shall not be liable for any consequential loss or damage attributable to defects in the goods or in respect of conditions or warranties whether express or implied by statute or common law, which have not been confirmed by the company in writing.
3) Without prejudice to the foregoing goods represented by the customer to be defect will, returned to the company as defective, be repaired as originally as ordered or at the option of the company the net cost will be credited to the customer’s account. Note, however, that Cut Price limited products which have been used should not be replaced free of charge without consultation with the company as credit cannot necessarily be guaranteed.
4) Any complaint of damages, short delivery or loss in transit must be made within 3 days of delivery to the customer. In case of a non- delivery a claim, in writing, must be made to the company within 10 days of the date of its invoice.
TITLE OF GOODS
1) Ownership of all goods supplied or made available to your company or its nominated representatives is transferred to your company only when full payment is received for the goods.
2) Until full payment is made, your company holds the goods bailey but Cut Price limited, its associated and subsidiary companies have no responsibility in respect of safety of the goods; accordingly your company should insure the goods against all relevant risks.
3) Goods are not supplied on a sale or return basis under any circumstances.
No liability will be accepted for any failure or delay in performance is wholly or particularly delayed, hindered, or prevented by circumstances which is not within the company’s immediate control including but without limiting the generality of the foregoing. Strikes, lock outs, labour disputes, fire, accidents, breakdown of plant, delay or interruption of transport, unavailability of materials, wars, hostilities, or any local or national emergency, compliance with any order or request of a government or other public authority or force majeure of any kind.
LAW OF CONTRACT
The interpretation and performance of the contract and these conditions of sale will be governed by the Law of England.