Terms of Trading and Conditions of Sale
Target Electrical Supplies Ltd (hereinafter called the seller) offers to supply goods subject to the conditions laid out below. Notwithstanding that the order form or other document whereby the buyer places its order with the seller may refer to or contain printed terms of sale inconsistent with or differing from the seller’s terms, such order forms or documents shall, unless the same be accompanied by a letter expressly requesting that the sellers conditions of sale be varied or supplemented as set out in such letter (and such request be accepted in writing by the Directors of the seller’s company), are deemed to contribute an unqualified acceptance of the seller’s conditions of sale. These shall apply to the exclusion of any other such printed terms or conditions as aforesaid, and accordingly perform, so the contract shall be on the seller’s terms.
Terms of Payment:
Payment for goods purchased on an account shall be, strictly, at the end of the month following delivery, unless specifically agreed to in writing with the seller. Discounts are only allowed on the basis of receiving payment by the due date; otherwise full trade list prices are chargeable. An account service charge shall be levied on overdue accounts at the rate of 2% per month on the overdue balance.
Any contract shall be subject to the company being satisfied as to the buyer’s credit worthiness. Without prejudice to the generality of the foregoing the seller may, in its absolute discretion, having informed the buyer that the goods are ready for delivery, refrain from delivering the goods until such time as the buyer tenders the purchase money to the seller in a form satisfactory to the seller.
The seller reserves the right to vary any price advertised in the seller’s catalogue or elsewhere as occasion demands, and the goods are supplied at the price prevailing as at the date of acceptance by the seller of any order placed by the buyer.
Unless specifically agreed otherwise in writing by the seller, any delivery date notified by the seller is an estimate only and the seller shall not be reliable for the consequences of any delay in fulfilling the buyer’s order.
All claims arising from shortages, non-delivery or damaged goods can only be considered if they are received in writing within three days of delivery to both the seller and the carrier. Goods that have been supplied in accordance with the customer’s requirements may only be returned with prior consent. An authorized customer returns note will be issued and a 20% handling charge made.
Reservation of Title:
Although good supplied by the seller to the buyer shall be at the buyers risk immediately on delivery to the buyer (and the buyer should be insured accordingly), the property in the goods shall not pass from the seller to the buyer until the goods have been paid for in full. Until property in the goods passes from the seller to the buyer as aforesaid the buyer shall hold the goods as bailee of the seller.
The seller shall not be liable to the buyer for any consequential loss or damages, howsoever arising and whether in contract or tort.