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Terms and Conditions - buddmosaics.co.uk

STANDARD TERMS AND CONDITIONS
FOR THE SALE OF GOODS
1 Definitions & Interpretation
In these Conditions, the following words shall have
the following meanings:
'Buyer' means the person(s), firm or company
who purchases the Goods from the
Seller;
'Contract' means the contract between the
Seller and the Buyer for the sale and
purchase of the Goods, incorporating
these Conditions;
'Goods' means any goods agreed in the
Contract to be supplied to the Buyer
by the Seller (including any part or
parts of them); and
'Order Form' means the Seller�s standard order
form for Goods.
'Seller' means Budd Mosaics of/ having its registered
office at 2B Bodiam Business Park
Robertsbridge
East Sussex
TN32 5UP;
1.2 In these Conditions, references to the masculine
include the feminine and the neuter and to the
singular include the plural and vice versa as the
context admits or requires.
1.3 In these Conditions, headings will not affect the
construction of these Conditions.
2 Application Of Terms
2.1 The Contract will be on these Conditions to
the exclusion of all other terms and conditions
(including any terms or conditions which the
Buyer purports to apply under any purchase
order, confirmation of order, specification or
other document).
2.2 Each order for Goods by the Buyer from the
Seller shall be on an Order Form and shall be
deemed to be an offer by the Buyer to purchase
Goods subject to these Conditions.
2.3 No order placed by the Buyer shall be deemed
to be accepted by the Seller until a written
acknowledgement of order is issued by the
Seller or (if earlier) the Seller delivers the
Goods to the Buyer.
2.4 Any quotation is given by the Seller on the basis
that no Contract shall come into existence until
a written acknowledgement of order is issued by
the Seller or (if earlier) the Seller delivers the
Goods to the Buyer. Any quotation is valid for a
period of [30] days only from its date, provided
that the Seller has not previously withdrawn it.
3 Price & Payment
3.1 The price for the Goods [(including delivery)]
shall be the price set out in the Seller�s price
list published on the date of delivery.
3.2 Payment of the price for the Goods is due [within
30 days of the date of/on] delivery of the Goods.
3.3 If payment of the price or any part thereof is
not made by the due date, the Seller shall be
entitled to charge interest on the outstanding
amount from the due date at the rate of [3]%
of the base lending rate of [specify bank]
accruing on a daily basis until payment is made.
4 Description
4.1 All drawings, descriptive matter, specifications
and advertising issued by the Seller and any
descriptions or illustrations contained in the
Seller�s catalogues or brochures are issued or
published for the sole purpose of giving an
approximate idea of the Goods described in
them. They will not form part of this Contract.
5 Delivery
5.1 The Seller will deliver the Goods ordered by the
Buyer to the address for delivery specified in
the Order Form.
5.2 Delivery will be made as soon as possible after
the Buyer�s order is accepted and in any event
within 30 days of the date of the Order Form.
5.3 Any dates specified by the Seller for delivery of
the Goods are intended to be an estimate, and
time of delivery shall not be made of the essence
by notice. If no dates are so specified, delivery
shall be within a reasonable time.
6 Risk/Title
6.1 The Goods are at the risk of the Buyer from the
time of delivery.
6.2 Ownership of the Goods shall not pass to the
Buyer until the Seller has received in full
(in cash or cleared funds) all sums due to
it in respect of the Goods.
7 Liability
7.1 If the Goods delivered are damaged or defective
or the delivery is of an incorrect quantity, the
Seller shall have no liability to the Buyer unless
the Buyer notifies the Seller in writing of the
problem within 10 working days of the delivery
of the Goods.
7.2 If the Buyer does not receive the Goods ordered
by it within 30 days of the date of the Order
Form, the Seller shall have no liability to the
Buyer unless the Buyer notifies the Seller in
writing of the problem within 40 days of the
date of the Order Form.
7.3 If the Buyer notifies a problem to the Seller under
either Condition 7.1 or Condition 7.2, the Seller�s
sole and exclusive obligation will be, at the
Buyer�s option:
� to make good any shortage or non-delivery; or
� to replace or repair any Goods that are damaged
or defective; or
� to refund to the Buyer the amount paid by the
Buyer for the Goods in whatever way the Seller
chooses.
7.4 Save as precluded by law, the Seller will not be
liable to the Buyer for any indirect or consequential
loss, damage or expenses (including loss of profits,
business or goodwill) howsoever arising under or
in connection with the Contract and the Seller
shall have no liability to pay any money to the
Buyer by way of compensation other than to
refund to the Buyer the amount paid by the
Buyer for the Goods under Condition 7.3.3 above.
7.5 The Buyer must observe and comply with all
applicable regulations and legislation, including
obtaining all necessary customs, import or other
permits to purchase the Goods from the Seller.
The Seller makes no representation and accepts
no liability in respect of the export or import of
the Goods.
7.6 Notwithstanding the foregoing, nothing in these
Conditions is intended to limit any rights the Buyer
might have as a consumer under applicable
local law or other statutory rights that may not
be excluded, nor in any way to exclude or limit
the Seller�s liability to the Buyer for any death
or personal injury resulting from the Seller�s
negligence.
8 Notices
Unless otherwise expressly stated in these Conditions,
all notices from the Buyer to the Seller must be in
writing and sent to the Seller at [specify postal address].
All notices from the Seller to the Buyer will be sent
to the Buyer�s address specified in the Order Form.
9 Events Beyond the Seller�s Control
The Seller shall have no liability to the Buyer for any
failure to deliver the Goods or any delay in doing so
or for any damage or defect to the Goods delivered
that is caused by an event or circumstance beyond
the Seller�s reasonable control including, without
limitation, strikes, lock-outs and other industrial disputes,
breakdown of systems or network access, flood, fire,
explosion or accident.
10 Invalidity
If any of these Conditions (or part of any of these
Conditions) is unenforceable (including any provision
in which the Seller excludes its liability to the Buyer)
the enforceability of the remaining Conditions (or
remaining part of any Condition) will not be affected.
11 Third Party Rights
Notwithstanding any other provision of the Contract,
nothing in the Contract confers or purports to confer
any right to enforce any of its terms on any person
who is not a party to it.
12 Governing Law
The Contract shall be governed by and interpreted in
accordance with Northern Irish law and the Northern
Irish courts shall have jurisdiction to resolve any disputes
between the Seller and the Buyer.
13 Entire Agreement
� The Contract sets out the entire agreement
between the Seller and the Buyer. Nothing said by
any sales person on behalf of the Seller should
be understood as a variation of the Contract or as
an authorised representation about the nature or
quality of the Goods. Save for fraud or fraudulent
misrepresentation, the Seller shall have no liability
for any such representation being untrue or
misleading.
� No variation of or amendment to the Contract
shall bind either party unless made in writing
and signed by the authorised representatives
of both parties.


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