All goods supplied by Christian Day Limited (“the company”) are sold subject to the following terms and conditions.
Any variations of these terms and conditions in any document of the customer is inapplicable unless accepted in writing by the company.
The company reserves the right to alter prices without prior notice. All prices quoted are subject to V.A.T.
Where goods ordered are in colours the customer must specify from BS.5252 colour range or such approved range.
4. Delivery and Consequential Damage
While the Company will do its utmost to adhere to any time stated for delivery, it shall not be liable for any loss or damage howsoever caused by and delay in delivery, completion, or performance of any contract, and any time stated for delivery shall not be a term of contract or a representation. In event of the Company being unable to supply or deliver goods ordered, it undertakes to refund any money paid in respect of such goods, but shall not otherwise be under any liability whatsoever. The Company shall not in any event be liable for consequential damage or loss.
5. Ownership and Risk
No general property or equitable interest in goods supplied by the Company to the customer (hereinafter called “the contract goods”) shall pass to the customer until such time (hereinafter called “the specified time”) as the price of the contract goods and all other (if any) due from the customer to the Company in respect of the contract goods or under any other contract between the Company and the customer shall have been paid to the Company in full. (ii) Until the specified time the customer shall be only a bailee of the contract goods for the Company.
Where quantity discounts have been agreed in writing by the Company any such discount is granted on the basis that payment is received within the Company’s specified time of 30 days from the date of the invoice. Failure to comply with the Company’s credit terms may make the said discount null and void and may necessitate a further invoice.
7. Goods in Transit
Although the Company shall not be liable for any damage or loss caused by, or occurring during transit of goods from the Company’s premises, it will endeavour to seek recovery from its carriers the amount of any damage or loss aforesaid, but only if notification of such is given by the customer to the Company in writing within 3 days of the same having been sustained.
8. Terms of Payment
Unless alternative Terms of Payment are agreed in writing the customer shall make payments at the Company’s premises on the 30th day following date of invoice.
9. Use of Goods
The customer must satisfy himself that any goods ordered by him are suitable for his purposes. The Company hereby gives notice that none of its officers or employees are authorised to advise or recommend the suitability or otherwise of any product or products, and will not accept responsibility for any damage or loss directly or indirectly arising as a result of any incorrect or inadequate advice or recommendation.
10. Bankruptcy, Etc., of Customer
In the event of any distress or execution being levied against the customer, or in the event of any bankruptcy or any arrangement or composition with creditors or any offer by the customer to make such arrangement or composition, or in the event of any resolution or petition of the winding up of the customer or the appointment of a Receiver in respect of the customer’s business or the equivalent of any of the above, the Company shall at its option be entitled to determine forthwith any contract under which the company shall not by then have wholly performed its obligations, but without prejudice to the right of the Company to be paid for any orders in part fulfilled by the Company under such contract prior to such determination.
11. Return of Goods
No goods will be accepted by the Company for Credit, replacement or repair unless previously agreed in writing. Invoice numbers must be quoted when returning goods. The Company reserves the right to levy a handling charge in respect of returned goods.
Subject to the appropriate statutory limitations, no condition is made or to be implied, nor is any warranty given or to be implied, as to the quality, life wear or suitability of any such goods supplied by the Company.
13. Law of Contract
Any contract entered into by the Company shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts.