Terms and Conditions
In these Conditions of Sale Regin Products Limited is referred to as “the Seller” and the individual firm, company or corporation placing an order is referred to as “the Buyer”.
2. Conditions Overriding
Unless otherwise agreed in writing by the Seller these Conditions shall override any terms or conditions proposed, stipulated or referred to by the Buyer in correspondence, in its order form or elsewhere. No such terms or conditions advanced by the Buyer shall be incorporated in or otherwise be relied upon in connection with the Contract.
The Seller shall not be bound by any purported variation of these Conditions unless the same shall have been confirmed in writing by the Seller.
If a delivery date is specified by the Seller the same shall be taken as an estimate made by the Seller in good faith and shall not be a term of the Contract. In no circumstances shall the Seller be liable for any loss or damage sustained by the Buyer in consequence of failure to deliver by such date or otherwise of any delay in delivery.
5. Price and Terms
(a) It is a condition of business that all goods are invoiced at prices ruling at date of despatch. The Seller cannot accept responsibility for notifying the Buyer of changes in price.
(b) All accounts must be settled within 30 days from the date on which goods are invoiced, unless otherwise agreed in writing by the Seller
The goods are sold delivered to the Buyer and the risk in respect of such goods shall pass to the Buyer upon delivery at the Buyer’s premises or at such other place as the Buyer may designate. If the goods are sold to a foreign Buyer on F.O.B. terms the risk shall pass at the time of delivery on board.
(a) All goods and materials delivered by the Seller to the Buyer shall remain the property of the Seller until the Buyer has met all outstanding debts and other contractual obligations in relation to the goods and materials.
(b) Until such time as the Buyer has paid in full all monies owing for goods and materials supplied by the Seller, the Buyer shall keep the same in a fiduciary capacity for the Seller.
Nevertheless the Buyer will be entitled to sell such goods and materials to third parties in the normal course of business and to deliver the same, on condition that - if the Seller so requires - the Buyer as long as he has not fully discharged his debt to the Seller for the objects thus sold, shall transfer to the Seller any claims he may have against that third party resulting from the transaction.
(c) Should the Buyer fail to complete payment within the time stipulated or be in default of payment for any other reason, then the Seller shall be entitled to stop all deliveries of goods and materials, whether such deliveries relate to the contract under which the debt is still owed, or not. The Seller will, in addition, be entitled to terminate all outstanding orders and to repossess immediately all goods and materials which are its property under clauses 7 (a) and (b) of this Contract.
Delivery will be made by the Seller’s own transport or by such other means of carriage as the Seller shall select.
9. Loss or damage in transit
No claim for loss or damage to goods and materials delivered will be entertained by the Seller unless notification of the nature and extent of such a claim is received by the Seller within 7 days of the date of delivery.
The liability of the Seller shall in no circumstances exceed the invoiced value of the goods lost or damaged.
(a) The Seller warrants all components whether or not of its own manufacture against defective manufacture whether due to defective materials or workmanship within a period of 12 calendar months from date of delivery.
(b) The warranty contained in sub-clause 10 (a) is dependent upon notification to the Seller in writing within 14 days of the fault complained of arising.
(c) In the event of such notification being given, the Seller may ask either for the return of the components to their premises at 10, Tower Square. Huntingdon, Cambs. PE29 7DT or for reasonable access to be given for inspection of the same. Upon the return of the component, not later than within one month of the request for the return to be made, the Seller will, if the component is found to be defective, at its own option either:-
(i) Repair or replace the component.
(ii) Refund to the Buyer the purchase price, or alternatively credit the Buyer’s account with the like sum if the Buyer has not completed payment of the purchase price.
(d) This warranty does not apply to any components which have been altered, treated, processed or worked upon while in the Buyer’s hands, other than in the ordinary course of installation in accordance with the Seller’s or manufacturer’s installation or usage instructions.
(e) Save as aforesaid all express or implied conditions or warranties statutory or otherwise as to state, quality, fitness, suitability or performance of the components are expressly excluded.
(f) Further the Seller shall not be liable in any manner whatsoever whether in contract, tort or otherwise for any loss or damage howsoever caused, and whether consequential or otherwise in relation to or arising out of the malfunctioning of the goods save where the same is attributable directly and foreseeably to the default or negligence of the Seller.
11. Force Majeure
In the event of war, invasion, act of foreign enemy, hostilities (whether war has been declared or not), civil war, rebellion, revolution, insurrection of military or usurped power, the Seller shall be relieved of liabilities incurred under this Contract wherever and to the extent to which the fulfilment of such obligations is prevented, frustrated or impeded as a consequence of any such event or any statute, rules, regulations, orders or requisitions issued by any government, department, council or other duly constituted authority or from strikes, lock outs, breakdown of plant or any other causes (whether or not of a like nature) beyond the Seller’s control.
12. Buyer’s Default
If the Buyer shall make default in or commit any breach of any of his obligations to the Seller or If any distress or execution shall be levied upon the buyer his property or assets or if he (the Buyer) shall make or offer to make any arrangements or composition with creditors or commit any act of bankruptcy, or if any petition or receiving order in bankruptcy is presented or made against him, or if the Buyer shall be a limited company and any resolution or petition to wind up such company’s business shall be passed or presented otherwise than for reconstruction or amalgamation or if a receiver of such companies undertaking property or assets or any part thereof shall be appointed the Seller shall have the right forthwith:
(i) To determine any order then subsisting and upon written notice of such determination being posted to the Buyer’s last known address any subsisting order shall be deemed to have been determined without prejudice to any claim or right the Seller might otherwise make or exercise.
(ii) To recover at the Buyer’s expense and without demand all the goods and materials which remain their property pursuant to Clause 7 above.
Any waiver of these Conditions or any of them shall not prejudice or affect the Seller’s rights and remedies in respect of any subsequent breach of contract on the Buyer’s part.
These Conditions and the Contract shall be subject to and construed in accordance with English Law.
CONDITIONS OF SALE
81 HIGH STREET
REG’D NUMBER 2012133