Terms and Conditions
1. All business transacted by East Midland Leisurewear LTD (the Company) shall be subject to the terms and conditions contained herein except where any variation is agreed in writing by the Company.
2. The following terms and conditions shall apply to all orders;
a) Credit will not be extended to the Purchaser unless an application has been made to and accepted by the Company. This facility may be withdrawn where the Company sees fit.
b) Where no credit exists a pro-forma invoice shall be issued and monies must be received by the Company in full before the goods shall be dispatched.
c) Where a Purchaser has been granted credit term’s payment is due within 30 days of the date of invoice unless stated otherwise in writing by the Company. If the purchase price or any part thereof is outstanding after the said due date the Company shall be entitled to withhold the supply of further goods and charge a service fee of 2% above base rate per month on the unpaid balance due.
d) all prices for goods are quoted inclusive of Value added Tax and other taxes unless otherwise stated.
3. It is the duty of the purchaser to examine all goods immediately upon receipt and all claims shall be notified to the Company within 24 hours and confirmation in writing to be received by the Company within 7 days of the Purchaser taking possession. If notification is not received by the company within these periods the Company shall be under no liability whatsoever in respect of such claim and in any event the liability of the Company shall be limited at the Company’s reasonable discretion.
4. In the event of non-delivery the buyer shall give to and cause to be received by both the Company and the carrier written notice of such non-delivery within 10 days of the receipt of the invoice referring to the said goods.
5. Where the Company has dispatched goods in accordance with the Purchasers order these goods or any part thereof shall not be returned to the Company premises unless the Company has received written notice and the company has agreed. The Company shall have discretion whether to accept returns for credit or for exchange and in any event when returns are accepted the Company shall be entitled to make a 15% deduction on the contract price for handling plus the extra carriage costs.
6. All claims in respect of goods alleged to be defective must be made in writing to the Company within 3 days of the date of delivery. All allegedly defective goods must be returned for inspection by the Company. No claim for defective goods can be made after 14 days.
7. Any loss or damage to the goods after delivery, which for the avoidance of doubt includes loss or damage to goods in transit, is the responsibility of the purchaser alone and the Company will accept no liability thereof.
8. Retention of title
Title to any goods sold to the Purchaser by the Company shall not pass to the Purchaser until the total amount due under the invoice for those goods is paid to the Company. Further the title of such goods shall not pass until payment to the Company of all amounts owing to it by the Purchaser on any account whatsoever. The goods will remain at the Purchasers risk from the time of delivery to it.
9. All design and origination work including proofs shall be considered an order and charged for. The company shall accept no responsibility for any errors whatsoever in proofs which have been passed by the other party.
10. This agreement shall be governed by and construed in accordance with the Laws of England.