TERMS AND CONDITIONS OF BUSINESS
Please read and ensure that you fully understand these terms and conditions. We will be pleased to clarify points you do not understand.
Definitions
‘the Seller’ – means Owen Barry Ltd, Long Lane, Walton Street, Somerset, England, BA16 9RF
‘the Buyer’ – means the person, partnership, firm or corporate body who buys or agrees to buy the Goods from the Seller
‘the Conditions’ – means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller
‘Delivery Date’ – means the date specified by the Seller when the Goods are to be delivered
‘the Goods’ means the articles, which the Buyer agrees to buy from the Seller
‘Price’ – means the price for the Goods excluding delivery and VAT
- 1.The Conditions
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- 1.1 These Conditions shall apply to all contracts for sale for the sale of the Goods by the Seller to the Buyer to the exclusion of all other terms and conditions
- 1.2 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller
- 1.3 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions
- 1.4 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions
- 2.Price, Payment, Retention of Title.
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- 2.1 The Price shall be the price set out. The Price and delivery are exclusive of VAT, which shall be due at the prevailing rate on the date of the Seller’s invoice.
- 2.2 Payment of the Price and delivery and VAT shall be due within 30 days of the date of the invoice. Time for payment shall be of the essence.
- 2.3 All Goods shall remain the property of the Seller until the Price and delivery and VAT have been paid in full. If payments due to the Seller are not made within 30 days the Seller shall be entitled to enter collect and remove the Goods from the Buyer’s property or premises forthwith. The Seller accepts no liability for damage caused to the Goods or to the Buyer’s property or premises during the removal of the Goods.
- 3. Late Payment
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- 3.1 The Seller shall be entitled to charge interest on overdue invoices at the rate of 5% above the base rate of Lloyds Bank plc then in force, which shall accrue from the date when payment becomes due until the date of payment.
- 3.2 If the Buyer fails to make any payment on the due date then without prejudice to any of the Seller’s other rights the Seller may suspend or cancel deliveries of any articles due to the Buyer
- 4. Goods
- The quantity and description of the Goods shall be as set out in the Seller’s quotation.
- 5. Delivery of Goods
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- 5.1 Delivery of Goods shall be made to the Buyer’s address on or around the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make arrangements to take delivery of the Goods whenever they are tendered for delivery.
- 5.2 Where the Seller is unable to deliver the Goods on the Delivery Date the Seller shall make reasonable efforts to notify the Buyer in advance.
- 5.3 The Seller shall not be liable for loss or damage resulting from late delivery or short delivery of the Goods.
- 5.4 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 2 months of the Delivery Date
- 5.5 The Buyer shall be entitled to request from the Seller a receipt for proof of delivery no later than 14 days after the Delivery Date
- 6. Acceptance of Goods
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- 6.1 The Buyer shall inspect the Goods on delivery and shall notify the Seller directly by email or by letter within 7 days of delivery of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The Buyer shall retain a copy of the fax or letter for his own records.
- 6.2 In accordance with clause 6.1 above the Seller agrees to permit the Buyer to return any Goods to the Seller that have an alleged defect, are damaged or fail to comply with description or sample at any time up to 21 days after delivery notwithstanding that some of the Goods may have already been accepted by the Buyer.
- 6.3 The Buyer shall be deemed to have accepted the Goods 7 days after delivery and shall not be entitled to reject any Goods thereafter for whatever reason
- 6.4 Damage as set out in clauses 6.1 and 6.2 above include damage to Goods caused by the Seller during transit or upon delivery.
- 6.5 Where the Buyer accepts or has been deemed to accept any Goods the Seller shall have no liability whatever to the Buyer in respect of those Goods save in respect of any liability to damages in personal injury.
- 7. Cancellation
- The Seller regrets that they are unable to accept any cancellation of orders where the Goods ordered by the Buyer have been made to the exact specifications of the Buyer.
- 8. Third Party Selling
- The Seller does not allow the Buyer to sell the Goods through a third party, whether on line, party plan, trader or retail outlet. Most notably E bay/Amazon or similar online clearance houses. There are no exceptions – contact the Seller if further clarification is required.
- 9. Recommended Retail Prices
- All Goods must be sold at a minimum of the RRP as provided by the seller.
9.1 Any exceptions other than in a clearance sale situation must be agreed by the Seller in writing. - 10. General
- This agreement shall be governed by and construed in accordance with the laws of England and the parties hereto agree to submit to the exclusive jurisdiction of the High Court of Justice in England.