“The Seller” means Travik Chemicals (UK) Limited.
“The Customer” means persons, firm or companies purchasing goods from the Seller or requesting the Seller to render services in respect of the goods.
“The Goods” means the goods or materials supplied by the Seller to the Customer or in respect of which the Seller renders services.
“Services” means any work carried out at the customer’s request by the Seller to the Goods.
Formation of Contract
The Seller contracts on these conditions and acceptance by the Seller of any order or request from the Customer shall be upon such conditions subject only to any variation agreed in writing by any authorised representative of the Seller.
(1) All quotations shall be exclusive of VAT.
(2) Quotations shall be valid for a period of thirty days and if delivery has not been made and services not completed within that period then the Seller reserves the right to vary quotation.
(1) Any time or date specified by the Seller is given and intended as an estimate only. The Seller shall use its best endeavours to meet such dates but shall not be liable for any direct or indirect loss, damage or expense howsoever arising from delay in delivery or completion or services.
(1) The Seller may deliver by instalments and each delivery shall be deemed to be treated as a separate contract and any default or delay in respect of any instalment shall not entitle the Customer to reject other deliveries.
(2) Failure by the Customer to pay for any instalment or delivery when payment is due shall entitle the Seller to withhold further deliveries.
(1) Unless otherwise agreed in writing, payment shall be made by the Customer within thirty days from the date of invoice.
(2) If payment is not made on the due date, interest shall be charged on any outstanding amount as the rate 4% above Bank of England minimum lending rate for the time being in force until the date of actual payment.
(3) If the Customer fails to accept delivery of any goods when tendered or in the event of any delivery being delayed at the Customer’s request or in the event of the Customer failing to make any payment for goods when it is due the Customer shall be liable to the Seller for all additional handling storage or other charges thereby incurred by the Seller in relation to any such goods or to any other goods delivery of which the Seller entitles to withhold.
(1) In the case of goods to be sold by the Seller to the Customer, risk in those goods shall pass to the Customer upon delivery.
(2) Where services are rendered by the Seller the goods shall be prepared, worked on, moved, stored or otherwise managed and kept at the sole risk of the Customer and the Seller shall not be liable for any loss, damage or delay arising from any cause whatsoever unless such loss, damage or delay was caused by or resulted from the negligence or deliberate act of the Seller.
(1) Where goods are sold by the Seller to the Customer, property in the goods shall not pass to the Customer until the Customer has paid for such goods in full and until then the Customer shall hold the goods as bailee for the Seller.
(2) Whilst acting as such bailee the Customer shall not pledge or allow any lien or charge to be created over the goods and will not deal with them except in the ordinary course of business.
(3) If the Customer sells the goods the Customer shall hold on trust for the Seller the proceeds of such sale and the right to receive such proceeds.
(4) In default of payment any sum due to the Seller in respect of goods which remain the property of the Seller. The Seller or a named representitive of the Seller may at any time enter on the Customer’s premises and remove such goods.
(5) So long as any goods remain the property of the Seller the Buyer shall keep them separate and identifiable.
Any claims by the Customer in respect of goods delivered to the Customer or services carried out on goods shall be made in writing to the Seller witihin fourteen days of receipt of the goods or completion of the services. Failure to make such a claim within the specified time shall constitute unqualified acceptance of the goods and waiver by the Customer of all claims relating to the goods or services of any kind whatsoever. Claims by the Customer will only be investigated, in accordance with normal-trade practice, once payment in full for the goods or services has been made.
Limitation or Liability (In the case of sales)
(1) Where the Customer buys in the course of a business and where the goods are not manufactured by the Seller there shall be no warranty or condition express or implied as to quality or fitness for any particular purpose.
(2) The Seller will at the request of the Customer use all reasonable efforts to ensure that the benefit of any guarantee or warranty given by any manufacturer or third party to the Seller ensures to the Customer.
(3) In any case the Seller’s liability for any and all direct loss or damage resulting to the Customer from defects in the goods or from any other cause shall be limited to the invoice price of the goods and the Seller may in its absolute discretion repair or replace the goods or refund the price (in the case of both sales and supply of services). The Seller shall in circumstances be liable for any special indirect or consequential damages or loss including loss of use or profits. Any provisions set out herein shall not apply in the case of a sale to a person dealing as a consumer insofar as such provision would be virtue of the Unfair Contract Terms Act 1977 be no effect as against such a person.
The Customer agrees to indemnify the Seller against all claims relating to goods sold to the Buyer by the Seller or worked on by the Seller in respect of any loss, damage or expense sustained by any third party other than caused by negligence of the Seller.
The Seller shall have the right to exercise a general lien upon any goods belonging to the Customer whilst in the possession of the Seller until such time as all moneys due to the Seller from the Customer in respect of such goods have been paid.