TERMS & CONDITIONS OF SALE OF BLUEBIRD FIXINGS LTD
1 GENERAL
These terms and conditions shall apply to all trading between Bluebird Fixings Ltd. and the customer. Acceptance by buyers of products supplied against this note will be treated as an acceptance by them of these conditions which override all other terms and conditions inconsistent therewith, implied or otherwise. No variation of these conditions shall be binding upon us unless otherwise agreed in writing.
2 PRICE FLUCTUATIONS
Prices quoted are those ruling at the date of sales or quotation and are subject to variation without notice.
3 NOTIFICATION OF LOSS, SHORTAGES, DAMAGES, ETC. IN TRANSIT
Damage and Pilferage. Any damage or pilferage in transit to goods dispatched must be notified in writing to us within three working days of delivery. Non Delivery. Non delivery of the whole consignment or any separate part or package must be notified to us within seven working days.
4 DELIVERY
Bluebird Fixings Ltd. shall not be responsible for any loss or damage arising directly or indirectly from delays in delivery or failure to deliver due to causes outside its reasonable control.
5 SUITABILITY
The customer must be responsible for the suitability of the goods he orders.
6 PAYMENT
Unless otherwise stated, payment of an account is due the 30th of the month following that in which the goods are delivered. In the event of late payment, Bluebird Fixings Ltd. reserves the right to levy interest at a monthly rate of 5% from the date on which the sum fell due until the date of the receipt of the overdue sum.
7 TITLE TO GOODS
Title passes to the Buyer when payment is made in full and only when cheques have been cleared. If default in payment occurs the Buyer hereby consents to the Seller entering the Buyer’s property to repossess the goods supplied. Until payment to Bluebird Fixings Ltd. is made in full, the customer shall store and insure the goods. Nevertheless, if credit has been allowed, prior to the actual time of payment for the goods, the customer is entitled to sell the goods to third parties in the normal course of his business.
8 The purchaser’s power of sale shall automatically cease if a receiver is appointed over any of the assets of the undertaking of the purchaser or a winding up order is made against the purchaser or the purchaser goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangement or composition with creditor or commits any act of bankruptcy.
9 Upon determination of the purchaser’s power of sale under (8) above, the purchaser shall place the goods at the disposal of Bluebird Fixings Ltd. who shall be entitled to enter upon any premises of the purchaser for the purpose of removing such goods from the premises (including severance from the reality where necessary).
10 V.A.T.
All quotations and prices are exclusive of Value Added Tax, unless otherwise specified V.A.T. will be added to all invoices at the rate applying at the appropriate tax point.