TERMS OF BUSINESS
Buyer: the person, firm or Company who purchases the Goods from the Company.
Company: Bannister Hall Limited.
Contract: any Contract between the Company and the Buyer for the sale and purchase of the Goods. Incorporating these conditions.
Goods: any Goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).
- Prices are NETT and subject to crop conditions, market fluctuations and Goods being unsold. Prices are exclusive of VAT.
- All prices are based on the present level of import duty. Import deposits and rate of exchange for sterling and we reserve the right to adjust prices accordingly without notification in the event of variations.
- Our settlement terms are ‘net monthly’. With payment becoming due at the end of the month following the month of delivery of the Goods. Without prejudice to the provision aforesaid, interest at the rate of 1.5% per calendar month, will be charged on all accounts that remain unpaid on the expiry of two months from the last day of the month in which the Goods were dispatched. These stipulations as to time shall be of the essence. All costs and legal charges arising out of the collections of overdue accounts will be charged to the debtor.
- Customers unknown to us are requested to send a Bank Reference. Otherwise cash with order. This, however, does not apply to Public Bodies and Institutions.
- Complaints against the quality of the Goods will be considered without prejudice to our legal liability provided they are made in writing within seven days from the receipt of the Goods. Telephone calls regarding the same must be confirmed in writing by the Buyer within the period.
- Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Buyer’s place of business.
- Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time.
- The Goods are at the risk of the Buyer from the time of delivery.
- Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of; (a) the Goods; and (b) all other sums which are or which become due to the Company from the Buyer on any account.
- Until ownership of the Goods has passed to the Buyer, the Buyer shall:
(a) hold the Goods on a fiduciary basis as the Company’s buyer;
(b) store the Goods (at no cost to the Company) separately from all the other Goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;
(c) Not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and
(d) Maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company.
- The Buyer may resell the Goods before ownership has passed to it solely on the following conditions: (a) any sale shall be effected in the ordinary course of the Buyer’s business at full market value; and the Buyer shall hold such part of the proceeds of sale as represent the amount owned by the Buyer to the Company on behalf of the Company and the Buyer shall account to the Company accordingly. (b) Any such sale shall be a sale of the Company’s property on the Buyers own behalf and the Buyer shall deal as principal when making such a sale.
- The Buyers right to possession of the Goods shall terminate immediately if: (a) the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal) or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents filed with the court for the appointment of an administrator is given by the Buyer or its directors or by a qualifying charge holder (as defined in paragraph 14 of schedule e BI to the Insolvency Act 19 6), or a resolution is passed in a petition presented to any sort for the winding up of the buyer or for the granting of an ministration in respect of the buyer; or (b) the buyer suffers or allows any execution, whether legal or equitable, to be levied on his/ its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the contract or any other between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency act 1986 or the Buyer ceases to trade; (C) the buyer encumbers or in any way charges of any of the goods.
- While the Company do their best to ensure all products are of the highest quality and reliability, we give no warranty, expressed or implied, as to the end result following the use of these products. We cannot in any way be held responsible for the results of incorrect application.
- The technical information given on the Company’s products is based on data obtained by their own research and is considered accurate. However, no liability is accepted for any loss or damage arising directly or indirectly form the use of our products, or from the information given in publications. Prospective users should therefore satisfy themselves by appropriate trials that the product is suitable for the intended use.
- The Buyer grants the company, its agents or employees an irrevocable licence at any time to enter any premises where the goods are or may be stored in order to inspect them, or, where the buyers right to possession has terminated, to recover them.
- By placing orders, buyers are considered to agree to these terms. No terms or conditions endorsed on, delivered with or contained in the buyers purchase order, confirmation of order, specification or other document shall form part of the contract simply as a result of the document being referred to in the contract.
- These conditions apply to all the Company’s sales and variation to these conditions and representations about the goods shall have no effect unless expressly agreed in writing and signed by the company.