CONDITIONS OF SALE

1.All goods sold by SPLENDID TRADING LTD (hereinafter called “The Company”) are sold subject to these conditions. 

2. QUOTATION AND PRICES

All quotations or price (whether written of oral) are subject to withdrawal or amendment by The Company at any time prior to receipt by The Company of any acceptance and thereafter are subject to correction of errors are any time.

If The Company has not received an acceptance within 30 days of the date of quotation, the quotation shall be deemed to have lapsed.  The prices quoted by The Company’s Representatives are subject to stock availability, and whilst every endeavour will be made to supply at quoted prices, The Company reserves the right to revise prices with prior notice.  In particular, should any increase occur in the cost of labour, materials, transport and all or any other direct costs between the date of quotation and despatch of the goods.  The Company reserves the right to adjust the contract price accordingly.

All descriptions, dimensions, particulars, weights and specifications submitted by The Company are deemed to be approximate only, as are details given in any Company catalogue, price list and advertising, and do not form part of the contract.

3. PAYMENT

a. Payment for goods shall be made by cash with order unless credit terms have been arranged in which event payment of goods supplied under the contact shall be 30 days after the date of invoice unless otherwise stated on the face of the invoice.

b. The Company cannot accept responsibility for lost remittances.

c. If payment of the price or any part thereof is not made by the due date, SPLENDID TRADING LTD shall be entitled without notice and without affecting other rights hereunder

i. charge interest on the outstanding amount at the rate of 1.5% per month accruing daily

ii. to cancel or suspend delivery of any goods ordered by the Customer which has not been delivered without incurring any liability to the customer

d. The Customer shall have no rights to set-off in respect of any claim it may make against The Company.

e. The time of performance of the Customers obligations (whether as to payment or otherwise) shall be of the essence so that failure to perform shall entitle The Company at it’s option to treat the contract as repudiated by the Customer and in the event that invoices remain outstanding following the agreed credit terms then all invoices then in existence, whether or not due for payment will immediately become due and payable.

4. DELIVERY

The Company will endeavour to deliver the goods without delay and to comply with reasonable delivery instructions; but any specified time of delivery, shall not be of the essence of the contract and The Company shall not be liable or late delivery howsoevery caused not shall such failure to deliver be deemed to be breach of any contract..

5. RESERVATION OF TITLE

a. Not withstanding delivery and the passing of risk, the property and all the goods delivered by The Company to the Customer shall remain vested in The Company until unconditional payment in full is received and cleared through The Company’s bank account not only for the goods but also for goods and/or services comprised in any other contracts between The Company and the customer which have been delivered and/or performed but remain unpaid.

b. Until payment due from the Customer all contracts between the Customer and The Company has been so received in full:

i.    the Customer shall hold upon trust for the Company the goods;

ii.    the Customer shall at all times keep goods comprehensively insured against normal perils and damage

iii.    the Customer shall subrogate to the Company any rights ti may or will have in respect of insurance monies recoverable for the goods;

iv. the Customer shall hold the goods as bailee in a fiduciary for The Company and it shall be the responsibility of the Customer to keep the goods in good condition at its own expense

v. the goods shall permit any officer, employee, representative or agent of The Company to enter with or without vehicles onto the Customers premises of other site where the good are located and to repossess the goods.

6. CANCELLATION BY THE COMPANY

If the Customer shall fail to make any payment when due or enters into any arrangement with its creditors, of if, being an incorporated company, shall have a received appointed or shall pass a resolution for winding up or a court shall make an order to that effect, or if, being an unincorporated company shall have a receiving order made against it, or if there shall be any breach by the Customer of any of the terms and conditions herein The Company may defer or cancel any further deliveries and treat the contract as determined without prejudice to its right to the unpaid purchase price of goods delivered and to damages for any loss suffered in consequence thereof and to any interest outstanding.  The Company reserves the right to cancel or reduce any order in the event of being unable, for any reason, to execute either the whole of part thereof.

7. CLAIMS

The Company shall entertain no claim unless received by The Company in writing.  Claims arising from damage or partial loss in transit much reach The Company within 5 days from date of deliver.  Claims for non-delivery must reach The Company within 7 days from the date of despatch.  All other claims must reach The Company within 5 days.  Damaged goods must be retained for inspection/collection.

8. LIABILITY

Subject to the Unfair Contract Terms Act 1977 and the ‘requirement of reasonableness’ therein, in the event of any claim against The Company in respect of any matter whatsoever, the liability (if any) of The Company shall be limited to the replacement of the goods sold by The Company in respect of when the liability (if any) arises only, and under no circumstances shall The Company be liable to the Customer or any other party for any consequential loss or damage whatsoever.

9. PROPER LAW

These conditions and all quotation, offer and acceptance shall be governed by and construed according to English Law