Legal Information - Terms & Conditions
OLICANA PRODUCTS LTD CONDITIONS OF SALE
In these conditions, unless the context requires otherwise:
1.1 Buyer means the person who buys or agrees to buy the goods from the Seller; 1.2 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; 1.3 Delivery Date means the date specified by the Seller when the goods are to be delivered; 1.4 Goods means the articles which the Buyer agrees to buy from the Seller; 1.5 Price means the price for the Goods excluding carriage, packing, insurance and VAT; and 1.6 Seller means the person whose name and address appears in the box marked Seller overleaf
2.1 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 or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. 2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions. 2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions. 2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Price and payment
3.1 The Price shall be the Seller quoted price. The Price is exclusive of VAT which shall be due at the rate ruling on the date of the Seller invoice. 3.2 Credit will not be granted until this order has been received by Olicana Products Limited completed and signed and references taken up and reviewed. 3.3 Payment terms are strictly 30 days end of month following invoice date. 3.4 Failure to comply with terms and conditions will result in the withdrawal of credit facilities and any sums outstanding will become payable immediately. 3.5 Olicana Products Limited reserve the right to amend credit facility terms and conditions or to withdraw facilities at any time. 3.6 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Barclays Bank plc base rate from time to time in force and shall accrue at such a rate after as well as before any judgment.
The quantity and description of the Goods shall be as set out in the Seller quotation.
Warranties and liability
The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller. Except where the Buyer is dealing as a consumer all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
Delivery of the Goods
Delivery of the Goods shall be made to the Buyer's address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
Acceptance of the Goods
7.1 The Buyer shall be deemed to have accepted the Goods after delivery to the Buyer. 7.2 After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
Title and Risk
8.1 The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the Buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for all goods delivered to the Buyer under this and all other contracts between the Seller and the Buyer for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Seller and the Buyer under which the goods were delivered.
Remedies of Buyer
9.1 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. 9.2 Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods. 9.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods.
Proper law of Contract
This contract is subject to the law of England and Wales.