Terms and Conditions of Sale (revision 01/2004)
The placing of an order with the Seller shall constitute acceptance of the terms and conditions herein. The law of England shall apply and the Courts of England shall have jurisdiction to hear and determine any dispute or matter arising hereunder save that the Seller shall be entitled to bring proceedings against the Buyer in the courts of any other jurisdiction where the Buyer resides or carries on business.
STRICTLY NETT 30 DAYS FROM INVOICE DATE. Debtors will be made responsible for any debt collection charges incurred plus 1.5% interest for each commenced month overdue.
Orders accepted by the Seller cannot be cancelled by the Buyer except upon terms which will indemnify the seller against all actual or anticipated loss.
Retention of Title
The risk in the goods shall pass from the Seller to the Buyer upon delivery of such goods to the Buyer. However, not withstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for all goods delivered to the Buyer under this and all other contracts between the Seller and the Buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Seller and the Buyer under which the goods were delivered.
Nothing herein shall constitute the Buyer and the agent of the Seller for the purpose of any such sale or other dealing. The Buyer agrees that (prior to the aforesaid to the Seller) the Seller or its authorised representatives may at any time enter the Buyers premises without prior notice and may remove the goods thereon and that prior to such payment the Buyer shall store the goods in a separate and identifiable form and in such a manner as to prevent any deterioration in the state or quality of the goods.
Notwithstanding that neither the legal nor the equitable title in the goods shall have passed to the Buyer the goods shall be at the risk of the Buyer from time of collection by or delivery to him.
Nothing herein shall give the Buyer the right to return goods to the Seller.
Defects, Loss and Consequential Loss
No responsibility will be accepted once the goods have been cut, made-up, printed or further processed. All goods are fast to washing, HLCC 6/40C, wash separately, rate 4 as approved BS1006-AO3:1990. Any special requirements must be specified with order. For garments with a light trim the Buyer should also undertake tests as results can vary due to style of garment or fibre of the trim.
The Seller shall not be liable for loss of profit or goodwill or other consequential loss of the Buyer or any other person arising from any breach of this contract and in the event that such loss or damage occurs the Buyer shall take all reasonable steps to minimise the said loss or damage.
The liability of the Seller to the Buyer for any loss or damage of whatsoever cause shall be limited to and in no circumstances shall exceed the invoiced value of the goods.
Suspension of Delivery
If the Buyer shall default in any obligation to the Seller, appear unable to pay its debts or fail to make payment of all monies due to the Seller on whatever account until such monies have been paid the Seller may withhold delivery of the goods or any part thereof whether or not the property and/or risk in the goods shall have passed to the Buyer.
Suitability of Goods
The Buyer shall determine the suitability of the goods for its intended use and shall not rely upon any representations made by or on behalf of the Seller. In no circumstances will the Sellers liability exceed the limitation contained in these conditions. Where goods are sold as substandard the Seller accepts no liability for their quality or suitability or for any faulty goods which may be produced therefrom.
Revisions to Terms and Conditions.
Any revisions to these Terms and Conditions after 01/2004 will be notified to the Buyer at the time of revision or upon opening a new account. A full and current copy of the Terms and Conditions will be supplied at any time upon request.
In the conditions "the Seller" means Josery Textiles Ltd and "the Buyer" means any person, firm or company who enter into a contract with the Seller for the supply of goods or the carrying out of work by the Seller.