All quotation are given and orders are accepted by the Seller on the basis of the conditions of trading set out below to the exclusion of any conditions of trading which the Buyer may purport to impose. No variation of addition to these conditions shall be valid unless in writing and signed for and on behalf of the Seller.
Each shipment or delivery is to be treated as if it were made under a separate contract. Failure to make any particular shipment or delivery shall not entitle the Buyer to refuse to accept further shipments or deliveries in respect of which orders have been made by the Buyer.
Orders may only be cancelled whole or in part with the sellers consent.
Without prejudice to the other right and remedies, the Seller may defer or cancel any further deliveries or instalments of goods due in the event that the buyer shall:
Unless otherwise agreed in writing, all prices are strictly net cash for payment by the 20th of the month following the month of the invoice date. In case of failure to pay on the due date, all sums outstanding shall become payable immediately. If any payment is in arrears the Seller shall be entitled (without prejudice to any other rights it may have) to suspend further deliveries until payment is received, whether or not such deliveries are due under the same contracts. Interest at 3% over the Bank of Scotland base lending rate shall be chargeable on overdue accounts at the Seller’s discretion.
Unless the Buyer and Seller have specifically agreed that the price of the goods shall be fixed price, the Seller shall have the right to increase the price of the goods by giving notice of such increase at any time before despatch of the goods. If the Buyer is of the opinion that any such increase in price is unreasonable, it may therefore cancel the undelivered balance of any outstanding contract. If the Buyer does not exercise the right of cancellation, then the increased price notified by the Seller shall apply to the undelivered balance of the contract.
All prices quoted by the Seller are subject to the addition of taxes and duties such as VAT and/or hydrocarbon oil duty where applicable, at the appropriate rates ruling at the date of despatch.
The seller has the right to issue a supplementary invoice in respect of any increase in tax or duty between the date of despatch and the date of delivery for which the Seller may be liable to the appropriate authority.
The Seller may deliver against any order hereunder up to 10% variation of the amount specified for the delivery in question in full discharge of its obligations in this respect, provided that as regards such excess or deficiency the Seller shall make a corresponding adjustment in the amount payable by the buyer.
RISK AND BENEFICIAL OWNERSHIP
The risk in the goods passes to the Buyer upon delivery but equitable and beneficial ownership shall remain with the Seller until full payment has been received (each order being considered as a whole), or until prior re-sale in which case our beneficial entitlement shall attach to the proceeds of re-sale or to the claim for such proceeds.
Should the goods become constituents of or be converted into other products while subject to our equitable and beneficial partnership the Seller shall have equitable and beneficial ownership in such other products as if they were solely and simply the goods and accordingly sub-clause (a) shall as far as appropriate apply to such other products.
The Seller is hereby granted permission at all reasonable times to inspect the goods, the subject of the order, and may at the Sellers discretion collect the said goods from any place that the same are being kept upon the happening of any of the following events.
In the event of non-payment by the Buyer in accordance with the terms hereof or the buyer commits any act of bankruptcy or, if a limited company, satisfies any statutory ground for winding up by the court voluntarily (other than for the purpose of amalgamation or reconstruction) then without prejudice to any other remedies, the Seller may cancel or suspend further deliveries without prejudice to other right and the Buyer or its agents may enter the Buyer’s premises to recover all goods in respect of which property has not passed.
PACKAGES, PALLETS AND CONTAINERS
Packages, pallets and containers supplied by the Seller either: