Terms and Conditions

  1. Definitions
    1. "Buyer" means the person who buys or agrees to buy the Goods from the Seller. “Person” includes more than one person and a corporation if appropriate.
    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.
    3. "Goods" means the articles which the Buyer agrees to buy from the Seller.
    4. "Price" means the price for the Goods as set out overleaf excluding VAT.
    5. "Seller" means Rivtex Limited, Craven Street, Birkenhead, Wirral CH41 4BW.
  2. Conditions Applicable
    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 and conditions which the Buyer may purport to apply under any Purchase Order confirmation of order or similar document.
    2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
    3. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyers acceptance of these Conditions.
    4. Any variations to these Conditions (including any Special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
  3. The Price and Payment
    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 Sellers invoice.
    2. Payment of the Price and VAT should be due on the 30th of the month following the date of the invoice relating to the Goods. The time for payment shall be of the essence.
    3. Interest on overdue invoices shall accrue from the date of the invoice and not the date when payment of the invoice was due and shall accrue from the date of the invoice until the date of payment at the rate of 5% above the base lending rate of National Westminster Bank Plc from time to time in force and shall accrue at such a rate after as well as before any judgement.
  4. Warranties and Liability
    Except where the buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all Warranties, Conditions of Terms relating to fitness for purpose merchantability or condition of the Goods whether implied by statute or common law or otherwise are excluded.
  5. Acceptance of the Goods
    1. The Buyer shall be deemed to have accepted the Goods two hours after delivery to the Buyer.
    2. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the Contract.
  6. Title and Risk
    1. The Goods shall be at the Buyer’s risk as from delivery.
    2. In spite of delivery having been made title in the Goods shall not pass from the Seller until the Buyer shall have paid the Price plus VAT in full and no other sums whatever shall be due from the Buyer to the Seller.
    3. Until title in the Goods passes to the Buyer in accordance with Clause 6.2 the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee from the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other Goods in its possession and marked in such a way that they are clearly identified as the Seller’s property.
    4. Notwithstanding that the Goods (or any of them) remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyers business.
    5. The Seller shall be entitled to recover the price plus VAT notwithstanding that title in the Goods is not passed from the Seller.
    6. Until such time as title in the Goods passes from the Seller the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under Clause 6.4 shall cease.
  7. Remedies of Buyer
    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.
    2. Where the Buyer accepts or has been deemed to have accepted any Goods the Seller shall have no liability whatever to the Buyer in respect of those Goods.
    3. The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods and each part delivery or instalment of Goods shall be deemed to be sold under a separate Contract and no default by the Seller in respect of any part delivery or instalment shall entitle the Buyer to treat the Contract as repudiated in regard to any balance or instalment remaining deliverable.
    4. The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach of contract by the Seller and in the event of any breach of Contract by the Seller the remedies of the Buyer shall be limited to damages and under no circumstances shall the liability of the Seller exceed the price of the Goods.
  8. Proper Law of Contract
    1. This Contract is subject to the Law of England and Wales.
    2. If any dispute or difference shall arise between the parties as to the meaning of this Contract or any matter or thing arising out of or connected with this Contract then it shall be referred to the determination of an Arbitrator to be appointed by agreement of the parties or (in default of agreement within 21 days of service upon one party of a written request to concur in such appointment) by the President for the time being of the Chartered Institute of Arbitrators.

©2009 Rivtex | Web Design Liverpool by Webtise

Web Design Wirral