CONDITIONS OF SALE
i. All orders accepted by Flowstrip® Ltd. (hereinafter called “the Company”) shall be deemed to incorporate these terms and conditions. No variation of or addition to or substitution for these terms and conditions, even if included or referred to in the document or other communication which placed the order, shall be binding on the Company unless specifically accepted by the company in writing.
i. Unless otherwise agreed in writing the price for the goods shall be the Company’s price ruling at the date of despatch. All prices are subject to surcharges in the event of imposition or increase of Import Duty, Export Duty, or other costs beyond the control of the Company.
ii. In the event of the customer failing to pay the full amount due under any invoice within the time allowed for payment as above mentioned, the Company shall be entitled to at any time to withhold delivery of any other goods to be delivered under same or any other contract order or agreement between it and the customer and the Company reserves the right upon giving written notice to the customer to cancel or rescind any such contract order or agreement under which further deliveries of goods remain to be made.
i. The goods shall remain the sole and absolute property of the Company as legal and equitable owner and the Company reserves the right to dispose of the goods until such time as the customer shall have paid to the Company the agreed price, together with the full price of any other goods the subject of any other contract with the Company.
ii. The customer acknowledges that he is in possession of goods solely as bailee for the Company until such time as the full price thereof is paid to the Company, together with the full price of any other goods the subject of any other contract with the Company.
iii. Until such time as the customer becomes the owner of the goods, he will store them on his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as the goods of the Company.
iv. If the customer should remove the goods or any of them from his place of business or any other places to which the goods shall have been delivered at the customers request he shall within Seven days notify the Company of the whereabouts of such goods and the Company shall have the same rights in relation to the place to which such goods have been removed as in relation to the customer’s place of business or such other place as the customer may have designated.
v. The customers right to possession of the goods shall cease, and payment therefore shall become immediately due, if he, not being a company, commits an act of bankruptcy or he, being a company, does anything or fails to do anything would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up. The Company may for the purpose of recovery of its goods enter upon any premises where they are stored of where they are reasonably thought to be stored and repossess the same.
vi. Subject to the terms hereof the customer is licensed by the Company to sell on the Company’s goods by way of bona fide sale at full market value on the express condition that such agreement to sell shall take place as agents (save that the customer shall not hold himself out as such) and bailees for the Company, whether the customer sells on his own account or not and that the entire proceeds thereof are held in trust for the Company and are not mingled with any other monies and shall at all times be identifiable as the Company’s monies.
vii. If the customer has not received the proceeds of any such sale he will, if called upon to do so by the Company, within Seven days thereof assign to the Company all rights against the person or persons to whom he has supplied the Company’s goods.
viii. Until the Company is paid the full price for the goods, together with the full price of any other goods the subject of any other contract with the Company, the relationship of the customer to the Company shall be fiduciary in respect of the goods and if the same are sold by the customer the Company shall have the right to trace the proceeds thereof according to the principles in Re Hallett’s Estate.
i. We will deliver goods within fifteen working days. However, should the Company be delayed in or prevented from making delivery of the goods due to war, strikes, lockouts, fire, floods, explosions, labour disturbances, trade disputes or shortages of raw materials or due to any other cause whatsoever beyond the control of the Company, the Company shall be at liberty to cancel or suspend the order without incurring any liability for and loss or damage arising there from. Each delivery shall be deemed to constitute a separate contract and difference or default in reference to one delivery shall not affect any other deliveries.
ii. No claim can be recognised unless:-
a) Any damage or shortage is reported to the carrier upon receipt and us within 48 hours of delivery.
b) Non-delivery is likewise reported to us within 10 days from invoice date.
The Company shall deliver the exact quantity of goods ordered by the customer unless otherwise notified or formally agreed, in accordance with the Company’s own conversion tolerances.
Overall widths or lengths are dependant on the product type as well as the conversion process used and delivery quantities are subject to a variation of 0% to plus 10% of the quantity ordered by the customer.
The Company hereby warrants that in the manufacture of its goods supplied by it are free from defects in material and workmanship, the Company’s liability being limited as follows:-
i. If the customer shall within three months from the date of despatch give written notice to the Company of any alleged defect in the goods supplied by the Company, and shall forthwith after giving such notice return the goods in question, carriage paid, to the Company’s Warehouse the Company will (if satisfied upon examination of the goods that they are defective) without charge to the customer replace such goods or such parts or refund the original goods value as in the opinion of the Company.
ii. Subject as aforesaid, all conditions and warranties, whether expressed or implied, and whether arising at Common Law or by Statute are hereby expressly excluded. In particular the Company does not warrant that its goods are suitable for application to any customer’s uses and no liability will be accepted by the Company for any loss or damage arising either directly or indirectly from the use or application of goods supplied by it.
iii. The Company shall not in any circumstances be liable to the customer in respect of consequential loss, damage or injury arising.
7. DATA PROTECTION ACT
The company will adhere to current data protection regulations.