CONDITIONS OF SALE
For your convenience, our conditions of sale are set forth below:
1. All claims for damages, shortages, shipping errors and other alleged failures to conform to the buyer’s order must be made in writing by buyer within seven (7) days after the buyer’s receipt of goods. Buyer’s failure to comply with the foregoing constitutes a waiver by buyer of any such claim.
2. All returns must be pre-approved by seller. Any return for a reason other than seller’s error will be subject to a 15% handling charge.
3. Inconsistent terms contained in any purchase order or other documents are expressly rejected and shall not become a part of any contract between buyer and seller unless embodied in a writing signed by the seller.
RETENTION OF TITLE
1. The seller shall retain title to and ownership of the goods until it has received payment in full of all sums due for all goods supplied by it to the buyer.
2. If payments received from the buyer are not stated to refer to a particular invoice the seller may appropriate such payments to any outstanding invoice.
3. Until payment of the purchase price for all goods supplied to the buyer, the goods shall be stored separately from any goods belonging to the buyer or any third party, and shall be clearly marked and identifiable as being the seller’s property. The seller shall be entitled to enter the buyer’s premises upon reasonable notice to verify the buyer’s compliance with this clause.
4. If the buyer (a) fails to make any payment to the seller when due, or (b) proposes to compound with its creditors, applies for an interim order under section 252, Insolvency Act 1986 or has a bankruptcy petition presented against it or (c) being a company, enters into voluntary or compulsory liquidation, has a receiver, an administrator or administrative receiver appointed over all or any of its assets or takes or suffers similar action, or if the seller has reasonable cause to believe that any of these events is likely to occur then the seller shall have the right, without prejudice to any other remedies:-
( i ) To enter, without prior notice, any premises of the buyer where goods owned by the seller may be and to repossess and dispose of any goods owned by it so as to discharge any sums owed to it by the buyer under this or any other contract.
( ii ) To require the buyer not to resell or part with possession of any goods owned by the seller until the buyer has paid in full all sums due to the seller under this or any other contract.
( iii ) To withhold delivery of any undelivered goods and stop any goods in transit.
( iv ) To sue for any sums owed to it under this or any other contract, notwithstanding that title to any goods supplied has not passed to the buyer.