1a These terms and conditions shall govern all transactions into which G E Collis and Sons Ltd enter with its customers.
1b ‘Customer ‘shall mean the other party to any quotation, offer, order or contract with or by G E Collis and Sons Ltd.
1c ‘The goods’ shall mean products sold or services performed with or by G E Collis and Sons Ltd.
1d ‘Invoice’ shall mean the document despatched to the customer requiring payment and containing specifically or by inference these conditions.
1e ‘C.O.D’ shall mean an invoice issued with goods by G E Collis and Sons Ltd requiring payment before goods are unloaded.
1f ‘Order’ shall mean the goods requested by the customer either by telephone, fax, and email or post in the customers’ official order form or company letterhead.
1g ‘Advice note’ shall mean the document accompanying the goods in their collection, despatch or delivery from G E Collis and Sons Ltd, to the customer by G E Collis and Sons vehicle, post or carrier and on which G E Collis and Sons Ltd list the goods despatched to the customer’s request.
- PRICE AND QUOTATIONS
2a All prices and quotations are made at the current rate of G E Collis and Sons Ltd but such prices and quotations are subject to alterations in accordance with the prices current at the time of despatch.
2b All prices and rates on invoices are inclusive of V.A.T. at the current rate at the time of despatch, unless otherwise specified.
3 RETENTION OF TITLE
3a The goods subject to any agreement by G E Collis and Sons Ltd to sell ( which expression means, without limitation, any order ) shall be at the risk of the customer as soon as they are collected or delivered by G E Collis and Sons Ltd.
3b All goods shall remain the sole and absolute property of G E Collis and Sons Ltd as legal and equitable owner until such a time as the customer shall have paid in full to G E Collis and Sons Ltd the agreed price.
3c The customer acknowledges that he is in possession of goods solely as bailee for G E Collis and Sons Ltd until such a time as the price thereof is paid to G E Collis and Sons Ltd
3d The customer’s right to possession of the goods shall cease if he, not being a company, commits an available act of bankruptcy or if he being a company does anything or fails to do anything which would entitle any person to present a petition for winding up. G E Collis and Sons Ltd may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same.
4 PAYMENT AND SETTLEMENT TERMS
4a Customers who wish to open credit facilities shall apply in writing to G E Collis and Sons Ltd quoting the credit limit required and the names and addresses of two commercial references and one Bankers reference.
4b G E Collis and Sons Ltd retains to right to decline any application for credit facilities without giving any reason.
4c Credit accounts are subject to settlement by the customer within one calendar month of the date of the customer’s monthly statement. When payment is overdue G E Collis and Sons Ltd reserves the right to charge interest on the amount overdue at such a rate as may be permitted by law from time to time.
4d Where a customer is in default in the payment of any account then all sums owed to G E Collis and Sons Ltd by the customer on any account whatsoever become immediately due and payable in full.
4e If the customer has no credit account, G E Collis and Sons Ltd will accept payment from the customer by cash, cheque, debit or credit card.
4f Where a cheque is offered by a customer in payment for goods, G E Collis and Sons Ltd reserves the right to delay the despatch of the goods pending the clearance of the cheque.
5 CARRIAGE AND DELIVERY
5a G E Collis and Sons Ltd reserves the right to charge on deliveries as appropriate
5b Delivery dates are given in good faith by G E Collis and Sons Ltd to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the times stated in any communication by and on behalf of G E Collis and Sons Ltd
These conditions are subject to and shall be constructed in accordance with the law of England, and the parties submit to non-exclusive jurisdiction of the Courts of England and Wales.