SUMMARY
Transervex (UK) Ltd supplies goods only subject to these terms and conditions and any person (herein after called ‘The Buyer’) supplied by Transervex (UK) Ltd (herein after called ‘The Company’) accept that these terms and conditions will govern all contractual relations between them to the exclusion of any terms contained in any of the Buyer’s documents even of the same purport to provide that the Buyer’s own or some other terms prevail. No employee or other person acting or purporting to act on behalf of the Company is authorised to agree or effect any alterations in these terms or to make or give any representation or warranty in relation to the goods save only that a partner or director of the Company may in writing agree such alterations or to make such representation or warranties.
PAYMENT OF ACCOUNTS
Unless otherwise agreed payment will be due not later than the 28th of the month following the month in which the goods were despatched. A statement will be sent detailing all invoices and credits during the month. In the event of default in payment the Company reserves the right to suspend or cancel credit facilities and to charge interest at 4% above the minimum lending rate at monthly intervals on the overdue portion of the account until the arrears are cleared. In the event of payment default, the entire outstanding balance of the account will become due for payment immediately (whether the due date for the entire amount has been reached or not).
RETURNS
Goods especially ordered, made or manufactured cannot be accepted for credit. Goods incorrectly supplied may only be returned if accompanied with the relevant invoice details. Goods returned which have been supplied correctly and free from defect, may only be accepted with the authority of a director and will be subject to a 15% handling charge.
DAMAGE OR SHORTAGE
Damage or shortage of goods found on delivery must be notified to the Company, not the carrier, agent, or servant, within 48 hours of receiving delivery. Failure to do so will free the Company from any liability in this respect.
CARRIAGE
Normally consignments over the value of £100 are carriage paid in the UK (except for special deliveries which will be charged at cost). No liability will be accepted for non-delivery or delay in delivery.
FITNESS FOR PURPOSE
The Company takes every care with regard to the quality and standard of manufacture of the goods it supplies as far as it is able, however as the Company has no control over the method of their application or use, the company excludes so far as it may legally do so any condition or warranty implied by statute or otherwise as to the fitness of the goods for any particular purpose. Any technical co-operation between the Company, its Suppliers and the Buyer shall not affect this condition, which the employees or agents have no authority to vary by express words or otherwise. Under no circumstances shall the Company be liable for the loss of profit, revenue, contract or other consequential loss or damage however caused. The whole of the supplies hereon have been supplied by a quality assured source and have been subjected to the Quality System requirements in accordance with the conditions of ISO9001.
RETENTION OF TITLE
Notwithstanding delivery and passing of the risk, legal and beneficial ownership shall remain with the Company until full payment for the goods has been made. Until ownership passes, the Buyer shall hold the goods as bailee for the Company and must keep the goods free from any charge lien of other encumbrance. The Buyer shall have no possession of the goods but shall at all times remain accountable to the Company on a fiduciary basis in respect of the goods or the proceeds of the sale of the goods until payment in full has been made to the Company. The Company and its associate companies shall be entitled to repossess all goods not paid for if any sum due in respect of goods remain unpaid by the due date. The Company and its associate companies may also enter the premises of the Buyer to repossess such goods and if unable to differentiate goods supplied and not paid for then the in stock rotation principle of ‘first in, first out’ shall apply and any goods remaining in the Buyers possession shall be deemed those most recently delivered.
PRICES
Prices shall be those ruling at the date of despatch. Prices may be increased by the Company to the extent necessary to enable the Company to recover increases in cost incurred by it prior to the date of despatch.
QUOTATIONS
Quotations do not constitute an offer and shall not bind the Company until an order has been placed and accepted.
STATUTORY RIGHTS
All orders whether oral or written are subject to these terms and conditions, however nothing in these terms and conditions shall be deemed to affect the statutory rights of the customer.
BUYERS RIGHTS
The Company does not recognise any terms and conditions of contract supplied by the Buyer, unless specifically acknowledged and agreed in writing. Execution of, compliance with, or implementation of orders does not imply acceptance of the Buyer’s terms and conditions.
FORCE MAJEURE
Notwithstanding anything herein contained neither the Buyer or the Company is to be held liable for any delay or failure to carry out the contract due wholly or in part to an act of God, action by any Government, whether British or foreign, civil war, strikes and or lock outs wheresoever occurring, fire, trade disputes, floods or unfavourable weather or any material becoming unavailable (and irreplaceable whether at all, or at commercially acceptable prices) through circumstances beyond the control of the Company.
UNFAIR CONTRACT TERMS
The Company has drawn these Terms and Conditions of Business in the light of the Unfair Contract Act 1977 and considers them to be fair and reasonable and its prices are based on contracts made on those conditions. If the purchaser considers these terms and conditions to be unreasonable they must inform the Company in writing before any contract is made, otherwise they will be deemed to have accepted that the Company’s terms and conditions are fair and reasonable.