sales of goods act
In these conditions, unless the
context requires otherwise:
1.1 ‘Buyer’ means the person
who buys or agrees to buy the goods from the Seller;
1.2 ‘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;
1.3 ‘Delivery Date’ means the
date specified by the Seller when the goods are to be delivered;
1.4 ‘Goods’ means the articles
which the Buyer agrees to buy from the Seller;
1.5 ‘Price’ means the price for
the Goods excluding carriage, packing, insurance and VAT; and
1.6 ‘Seller’ means the person
whose name and address appears in the box marked ‘Seller’ overleaf.
2 Conditions applicable
2.1 These Conditions shall
apply to all contracts for the sale of Goods by the Seller to the Buyer to the
exclusion of all other terms and conditions including any terms or conditions
which the Buyer may purport to apply under any purchase order, confirmation of
order or similar document.
2.2 All orders for Goods shall
be deemed to be an offer by the Buyer to purchase Goods pursuant to these
2.3 Acceptance of delivery of
the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of
2.4 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.
3 Price and payment
3.1 The Price shall be the
price set out overleaf. The Price is exclusive of VAT which shall be due at the
rate ruling on the date of the Seller’s invoice.
3.2 Payment of the Price and
VAT shall be due within 30 days of the date of the invoice. Time for payment
shall be of the essence.
3.3 Interest on overdue
invoices shall accrue from the date when payment becomes due from day to day
until the date of payment at a rate of 3% above Barclays or HSBC Bank plc’s base rate
from time to time in force and shall accrue at such a rate after as well as
before any judgment.
3.4 Late payment. The price is
subject to compound interest at 5% above the bank of England base rate.
4 The Goods
The quantity and description of
the Goods shall be as set out in the Seller’s quotation.
5 Warranties and liability
The Seller warrants that the
Goods supplied will at the time of delivery correspond to the description given
by the Seller. Except where the Buyer is dealing as a consumer (as defined in
the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair
Terms in Consumer Contracts Regulations 1999 Regulation 3(1) all other
warranties, conditions or terms relating to fitness for purpose, quality or
condition of the Goods, whether express or implied by statute or common law or
otherwise are excluded to the fullest extent permitted by law.
6 Delivery of the Goods
Delivery of the Goods shall be
made to the Buyer’s address on 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 all arrangements to take delivery of the Goods whenever
they are tendered for delivery.
7 Acceptance of the Goods
7.1 The Buyer shall be deemed
to have accepted the Goods 7 days after delivery to the Buyer.
7.2 After acceptance the Buyer
shall not be entitled to reject Goods which are not in accordance with the
8 Title and risk
8.1 Following delivery, the
goods shall remain the sole and absolute property of the Seller until 100% payment
for the goods has been made by the Buyer in full. The seller: Hardrock UK / www.hardrockuk.com and it's associated brands and companies until paid for in full. 100% cleared funds. Any late payment the company reserves the right to charge 5% above the bank of England base rate per month and each month thereafter. in compound interest rates. The company reserves the right to do this where no payment has been made.
8.2 Risk shall pass on the delivery of the Goods.
9 Remedies of Buyer
9.1 Where the Buyer rejects any
Goods then the Buyer shall have no further rights whatever in respect of the
supply to the Buyer of such Goods or the failure by the Seller to supply Goods
which conform to the contract of sale.
9.2 Where the Buyer accepts or
has been deemed to have accepted any Goods then the Seller shall have no
liability whatever to the Buyer in respect of those Goods.
9.3 The Seller shall not be
liable to the Buyer for late delivery or short delivery of the Goods.
10 Proper law of contract
This contract is subject to the
law of England and Wales.
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