Terms & Conditions


TERMS & CONDITIONS OF SALE

 

GENERAL

1.1.1

The following expressions shall have the following meanings:

“Buyer” – the individual firm company or other party from whom an order to supply goods is received by the Seller.

“Conditions” – the standard terms and conditions of sale of the Seller as set out in these terms and includes any additional terms and conditions of sale agreed by the Seller.

“Contract” – a contract for the supply of Goods by the Seller to the Buyer.

“Date of Delivery” – the date on which delivery of the Goods takes place pursuant to Condition 5

“Goods” – the goods which the Seller is to supply under the Contract.

“Seller” – J Ll Leach & Co Limited and any subsidiary or holding company or associate company

(as defined in the Companies Act 1985(as amended))

 

1.2

If satisfactory references on the Buyer are not provided within seven days of a request therefore by the Seller, the Seller may terminate the Contract without liability.

1.3

The Seller reserves the right to assign or sub-contract the Contract or any part of it. The Buyer shall not be entitled to assign the benefit of the Contract without the consent in writing of the Seller. If at any time any one or more of the provisions or part of these Conditions becomes or is or is held by a court to be invalid, illegal or unenforceable in any respect under any law, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired

 

ORDERS, ACKNOWEDGENTS AND VARIATIONS

 

DESCRIPTION

 

PRICE

 

DELIVERY

 

QUANTITIES INSTALMENTS AND STORAGE

 

TERMS OF PAYMENT

7.1

Unless otherwise agreed the price payable under the contract shall be due and payable at the Seller’s offices in sterling 30 days after the last day of the month in which the Seller’s invoice is dated provided that the Seller reserves the right to require payment prior to delivery of the Goods or on sending notification that the Goods are in a deliverable state or if the Buyer has previously failed to make any payment owing to the Seller on the due date.

 

SUSPENION AND CANCELLATION

 

CLAIMS FOR DAMAGE IN TRANSIT/DEFFECTS

 

WARRANTY

10.3

The Seller’s liability under this Condition shall automatically cease if, (a) the Buyer is in breach of this or any other contract made with the Seller, or (b) the Seller or its servants or agents are denied full and free right of access to the allegedly defective Goods, or (c) the Goods have been treated improperly or in a way which has contributed to the defect (whether before or after a defect is detected)

10.4

Where Goods are supplied by the Seller but manufactured by a third party, the Seller shall use its best endeavours to pass on to the Buyer any benefits relating to warranties in respect of or guarantees of such Goods which the Seller has under contract with that third party

10.5

THE WARRANTY SET OUT IN CONDITION 10.1 SHALL BE IN LIEU OF ANY WARRANTIES CONDITIONS OR UNDERTAKINGS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE HOWSOEVER WHICH WARRANTIES, CONDITIONS AND UNDERTAKINGS ARE HEREBY EXPRESSLY EXCLUDE, EXCEPT THAT SUCH EXCLUSIONS WILL NOT APPLY TO ANY IMPLIED CONDITION THAT THE SELLER HAS OR WILL HAVE THE RIGHT TO SELL THE GOODSWHEN THE PROPERTY IS TO PASS

 

TITLE TO GOODS

11.1

Until payment in full of all monies due and owing by the Buyer to the Seller on any account whatsoever has been received in full legal and beneficial ownership of Goods shall be retained by the Seller notwithstanding that the risk in the same shall pass to the Buyer at the time of delivery.

 

RISK AND INSURANCE

 

NOTICES

13.1

Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

posting if the address of the recipient is in the country of despatch, otherwise on the seventh Business Day after posting, if sent by facsimile transmission, on the first Business Day following successful transmission.