WELTON BIBBY & BARON LTD
1 Quartermaster Road, West Wilts Trading Estate, Westbury, BA13 4JT
STANDARD CONDITIONS OF SALE
The following Standard Conditions of Sale will govern this transaction except as otherwise specifically agreed in writing by the Buyer and the Seller.
(In these Conditions the expression "contract" means an offer or an order followed by an acceptance thereof whether by conduct or otherwise).
1. PRICES
(a) Prices shall be those quoted or accepted by the Seller subject to revision in the event of any increase or decrease of the costs to the Seller between the date of quotation or acceptance by the Seller and the date of despatch to the Buyer.
(b) All prices quoted or accepted are exclusive of Value Added Tax and the contract price shall be such price plus VAT.
2. TERMS
(a) Net cash by the 30 Days Net following the date of invoice. Interest will be charged at 2% per month or part month if payment condition is not met.
(b) In the case of a contract involving more than one delivery, if default is made in payment on the due date for any one delivery, the Seller, at his option, shall be entitled to treat the contract as repudiated by the Buyer and to claim damages accordingly.
(c) A contract cannot be cancelled except by mutual agreement and then only on terms which would fully indemnify the Seller.
3. DELIVERY
(a) Subject to clause 3(b) below unless a date for delivery is specified the goods shall be despatched as soon as ready.
(b) In the case of a contract involving more than one delivery unless the contract provides otherwise the whole of such deliveries shall be accepted within six months from the date of the first delivery. In the event of failure to accept any delivery that delivery shall be immediately invoiced and the costs involved charged to customer's account the goods being held at customer's risk and expense.
(c) Subject to Clauses 2(b) and 3(b) above, each delivery shall constitute a separate contract and any failure or defect in any one delivery shall not affect the contract as to the remaining deliveries.
(d) The Seller shall have the option of revising the delivery date or dates prior to manufacture if circumstances beyond the Seller's control prevent the Seller keeping to the original agreed delivery date or dates.
The liability of the Seller for failure to comply with agreed delivery dates as varied where necessary in accordance with this sub-clause and unless covered by Clause 10, shall be limited to the reimbursement to the Buyer of the actual loss incurred, but in no case exceed the value of the goods which are the subject of the contract.
4. QUANTITY VARIATIONS: Orders under 100,000 bags are subject to a manufacturing tolerance of 20%. Orders over 100,000 bags are subject to a manufacturing tolerance of 10%.
5. SKETCHES, etc: All sketches and origination work remain the property of the Seller unless paid for by the Buyer.
6. PROOF: In the case of printed bags alterations from the original copy on and after the first proof, including alteration in style, will be charged extra. No responsibility will be accepted for any errors in proofs which have been passed by the Buyer.
7. PASSING OF OWNERSHIP AND CLAIMS:
(a) Title to the goods shall in no case pass to the Buyer until the full contract price has been paid to the Seller. The Seller shall in any event have a particular and general lien over the goods for all claims under contract against the Buyer.
(b) All claims for damage to or partial loss of goods in transit must be submitted in writing to both carrier and Seller within fourteen days of delivery.
(c) The return for goods after delivery to the Buyer will not be accepted unless the Seller or his representative shall first have the opportunity of examining them.
8. BUYERS'S PROPERTY: The Buyer's property when supplied to the Seller will be held at the Buyer's risk. Every care will be taken by the Seller to secure the best results when materials are supplied by the buyer but no responsibility will be accepted for imperfect work caused by defects in or unsuitability of the materials so supplied.
9. MATERIAL: Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or quoted for, the contract is not a contract of sale by sample.
10. FORCE MAJEURE ETC: This contract may be varied or cancelled by the Seller if it is affected by an Act of God, War, Strike, Lock-out, Fire, Flood, Drought, Tempest or any other cause beyond the control of the Seller whether similar to the foregoing or not, or if the Seller shall for any reason be unable to procure materials or articles required for the performance of the contract.
11. Except with respect to death or personal injury caused by the Seller’s negligence, the Seller shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract for any indirect or consequential loss or damage (whether for loss or profit or otherwise), costs, expenses, or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Seller, its employees, or agents otherwise) which arise out of or in connection with the supply of goods or their use or resale by the Buyer. In any event the entire liability of the Seller under or in connection with the contract shall not exceed the price of the Goods.
12. The Seller will dispose of waste (trademarked or otherwise) through licensed waste management and/or recycling companies. Included in the register of the Restrictive Trading Agreements, but not referred to the Court by direction of the Office of Fair Trading under Section 21(2) of the Restrictive Trade Practices Act 1976.
Included in the register of the Restrictive Trading Agreements, but not referred to the Court by direction of the Office of Fair Trading under Section 21(2) of the Restrictive Trade Practices Act 1976.
Welton Bibby and Baron Limited, Registered in England and Wales, Company Number: 4946078
Registered Office: 1 Quartermaster Road, West Wilts Trading Estate, Westbury, BA13 4JT
