Terms & Conditions Of Sale
In these Terms and Conditions of Sale the company means Ishico Ltd, the goods means any item which is to be sold by the company, the purchaser means any person, association, firm or body corporate which has received a quotation from the company for, or buys, or has agreed to buy, goods.
All quotations made and all orders accepted are subject to the following terms and conditions and no additions to or variations from may be made unless agreed in writing by the parties.
All orders are accepted on the understanding that the purchaser is bound by these terms and conditions and in the event of the purchaser wishing to impose any terms and conditions these terms and conditions will prevail.
The price of the goods will be the price quoted by the company or as set out in the company’s price list in force at the time of order.
All prices are subject to V.A.T. and are exclusive of packaging and delivery charges
Delivery of the goods will be to the purchaser’s place of business unless goods are collected by the customer at the company’s place of business.
Time will not be of the essence for delivery of the goods although every reasonable effort will be made to adhere to any delivery date specified. If no delivery date is specified delivery will be within a reasonable time.
The company will not be responsible for any non delivery of goods, including shortage in quantity of goods delivered, unless notified to the company within three days of expected delivery or actual delivery in the case of shortage.
Any liability of the company in relation to the above clause will be limited to replacing the non delivered goods within in a reasonable period of time or issuing a credit note for the missing goods if applicable.
Goods rejected by the purchaser as not complying with the order must be rejected within three days of receipt.
If for any reason the purchaser cancels an order for any goods which the company has specially obtained then the purchaser will be liable for full payment of these goods.
Payment may be required in full before the order can proceed.
Damage to any goods must be notified to the company within three days of delivery. The company will not accept any liability after this time.
Damaged goods must be then returned to the company within reasonable time for them to be replaced free of charge.
Any goods deemed to be faulty must be returned to the company within reasonable time to be replaced free of charge subject to the goods in question having not been used for any purpose or in any manner other than those for which they were sold. No credit will be issued unless goods cannot be replaced within a reasonable period of time.
Any goods returned and subsequently found to be not damaged or faulty will incur a 20% handling and restocking charge.
RISK AND RETENTION OF TITLE
The goods are at the risk of the customer from the time of delivery.
Ownership of the goods shall not pass to the purchaser until the company has received payment in full, in cash or cleared funds, for the goods and all other payments that are due to the company from the purchaser.
Until ownership of the goods has passed to the purchaser, the purchaser will hold the goods on a fudiciary basis as the company’s bailee and will store the goods in such a way that they remain readily identifiable as the company’s property. The purchaser must not destroy or deface or obscure any identifying mark on the goods and maintain them in good condition.
Payment is due in full 30 days from the date of the invoice.
The time of payment shall be of the essence. Payment will not be deemed to have been made until cleared funds are received by the company.
If payment is not made by the due date the company reserves the right to claim interest under the provisions of the Late Payment of Commercial Debts (Interest) Act 1998 and to take any action necessary for the recovery of the money due or the goods supplied.
If the purchaser becomes insolvent or makes any voluntary arrangement with its creditors, or becomes subject to an administration order, or becomes bankrupt, or goes into liquidation, or ceases to trade, then any outstanding payments become due and payable immediately and the company will be entitled to suspend any further deliveries without any liability to the purchaser.
LIMITATION OF LIABILITY
All warranties, conditions and other terms implied by statute or common law, except for conditions implied by section 12 of the Sale of Goods Act 1979, are to the fullest extent permissible by law excluded from the contract.
The company’s liability in contract arising in connection with the performance of the contract will be limited to the contract price.
The company will not be liable to the purchaser for loss of profit, loss of business or loss of goodwill, whether direct, indirect or consequential, or any claims for consequential compensation however caused which arise out of or in connection with the contract.
Nothing in these conditions excludes the liability of the company for death or personal injury caused by the company’s negligence or by any defect in the goods.
The company will not be liable for any default due to any circumstances beyond the reasonable control of the company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock out, acts of civil or military authorities, fire, flood, earthquake, storm, transport difficulties.
GOVERNING LAW AND JURISDICTION
The contract will be governable by the English law. Nothing in the contract will affect the statutory rights of a consumer.