Terms and Conditions
1. Any person, firm or company (“The Buyer”) dealing with Godfreys (Sevenoaks) Limited shall be deemed to have accepted these terms and conditions, and any contract subject to these conditions. In case of conflict between these conditions and any conditions on any order form or request, these conditions shall prevail unless otherwise confirmed in writing by Godfreys (Sevenoaks) Limited.
2. Godfreys (Sevenoaks) Limited employees and agents are not authorised to make any representations concerning goods or services unless informed by Godfreys (Sevenoaks) Limited in writing. In entering into a purchase or order the Buyer acknowledges that he has not relied on any verbal representations.
3. Any advice or recommendations given by or on behalf of Godfreys (Sevenoaks) Limited or it employees or agents to the Buyer or others as to the storage, suitability, application or use of goods which is not confirmed in writing by Godfreys (Sevenoaks) Limited is followed or acted upon entirely at the Buyers risk.
4. Any typographical, clerical or other error or omission in any sales literature, quotation, pricelist, acceptance of offer, invoice or other document or information issued by Godfreys (Sevenoaks) Limited shall be subject to correction without liability on the part of Godfreys (Sevenoaks) Limited.
5. No order submitted by the Buyer shall be deemed to have been accepted by Godfreys (Sevenoaks) Limited unless either confirmed in writing or performed by delivery of goods.
6. Godfreys (Sevenoaks) Limited shall not be liable for any differences or changes in goods supplied from the details and specifications contained in manufacturers’ literature which were capable of being discovered by the Buyer from inspection or which do not materially affect the quality or performance of the goods.
7. Payment will be made on 21st of the month following date of invoice.
8. If the Buyer fails to make any payment on the due date, then without prejudice to any other right or remedy available to Godfreys (Sevenoaks) Limited they shall be entitled to:
8.- a Cancel the contract or suspend any further delivery to the Buyer
8-b Appropriate any payment made by the Buyer to such contract or order to Godfreys (Sevenoaks) Limited from the Buyer as Godfreys (Sevenoaks) Limited may think fit.
8-c Charge the Buyer interest (both before and after judgement) on any amount unpaid at the rate of two percent per month until payment in full is made (apart of the month being treated as a full month for the purpose of calculating interest).
9. Any dates quoted for delivery are approximate only and Godfreys (Sevenoaks) Limited shall not be liable for any delay in delivery howsoever caused. Time for delivery shall not be of essence. Goods may be delivered by Godfreys (Sevenoaks) Limited in advance of quoted
10. If the Buyer fails to take delivery of the goods, then without prejudice to any other right or remedy available to Godfreys (Sevenoaks) Limited they may:
10-a Store the goods until actual delivery and charge the Buyer the reasonable costs (including insurance) of storage.
10-b Sell the goods at the best price reasonably obtainable charge the Buyer for any short fall.
11. Risk of damage or loss of goods shall pass to the Buyer:
11-a Where the goods are to be collected from Godfreys (Sevenoaks) Limited 14 days after the Godfreys (Sevenoaks) Limited notify the buyer that the goods are available for collection.
11-b Where the goods are to be delivered at the time when Godfreys (Sevenoaks) Limited first delivers or attempts to deliver the goods to the Buyer or as he directs.
12. The risk in the goods shall pass from Godfreys (Sevenoaks) Limited to the Buyer upon delivery of such goods to the Buyer. However, not withstanding delivery and the passing of risk in any goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Buyer until Godfreys (Sevenoaks) Limited has received in cash or cleared funds payment in full for all goods delivered to the Buyer under this and all other contracts between Godfreys (Sevenoaks) Ltd and the Buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between Godfreys (Sevenoaks) Limited and the Buyer under which the goods were delivered. Until such time as the property in the goods passes to the Buyer he shall hold the goods as Godfreys (Sevenoaks) Limited fiduciary agents and bailee and keep the goods separate from those of the Buyer and any third party, and properly stored, protected, insured and identified as Godfreys (Sevenoaks) Limited property. Until such time as the property in the goods passes to the Buyer, Godfreys (Sevenoaks) Limited shall be entitled to enter upon any premises of the Buyer, or others where the goods are stored, and
repossess the goods.
13. The buyer shall not be entitled to pledge, or in any way charge by way of security for any indebtedness or sell any of the goods which remain the property of Godfreys (Sevenoaks) Limited.
14. Subject as expressly provided in these conditions and expect where the goods are sold to a person dealing as a consumer (within the meaning of the unfair contract terms act 1977) all warranties, conditions or terms implied by statute or common law are excluded to the fullest extent permitted by law.
15. Where the goods are sold under a consumer transaction (as defined by the Consumer Transactions Restrictions on Statements order 1976) the statutory rights of the Buyer are not affected by these conditions.
16. Any claim by the Buyer which is based on defect in the quality or condition of the goods or their failure to correspond with any specification, shall (whether or not delivery is refused by the buyer) be notified to Godfreys (Sevenoaks) Limited within seven days from the date of delivery, or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure.
17. Where any valid claim in respect of any goods which is based on defect in the quality or condition of the goods or their failure to meet any specification, is notified to Godfreys (Sevenoaks) Limited in accordance with these conditions, Godfreys (Sevenoaks) Limited shall be entitled to replace the goods (or the part in question) free of charge, or at Godfreys (Sevenoaks) Limited sole discretion refund to the Buyer the price of the goods (or a proportion of part of the price) but subject thereto Godfreys (Sevenoaks) Limited shall have no further liability to the Buyer.
18 Except in respect of death or personal injury caused by Godfreys
(Sevenoaks) Limited negligence, Godfreys (Sevenoaks) Limited shall not be liable to the Buyer by reason of any representation, any implied warranty, and conditions or other term, or any duty at common law or otherwise for any consequential loss or damage, costs, expenses or other claims for consequential compensation whatsoever, which arise out of, or in connection with the supply of the goods or their use or re-sale by the Buyer.