Terms & Conditions of Sale
1 Entire contract
These terms and conditions constitute all terms applicable to any
sale of goods or services by Xpress Stationery ("the Seller"),
no variation addition, deletion or alteration shall be valid unless
agreed in writing by the Seller and no terms or conditions of any
buyer of goods or services from the Seller ("Buyer") shall
form part of any contract between Buyer and Seller.
2 Price
The price to be paid by the Buyer shall be the Seller's price at
the date of delivery, notwithstanding any other price quoted, whether
in the Seller's catalogue or otherwise, and Value Added Tax at prevailing
rates shall be payable in addition. No price includes the price
of any assembly required prior to use of the goods sold.
3 Payment
Payment shall be made in full within 30 days of delivery of goods.
The Seller reserves the right to charge interest at its bank's base
rate plus 5 per cent on amounts outstanding after 30 days, and in
any event and in addition if goods remain unpaid for more than 60
days, the Buyer shall pay a late payment fee of £25 to cover
its administrative costs. Payment shall be due immediately in the
event of termination under clause 6.
4 Cancellation and Acceptance
The Buyer may not cancel orders made save at the discretion of the
Seller. The Buyer shall be bound to accept goods ordered upon delivery
to him and any failure to do so by the Buyer may at the Seller's
discretion be treated as:
4.1 a rescission of the contract by the Buyer; or
4.2 the Buyer's authority to re-sell the goods and charge
the Buyer for any shortfall between the price realised and the contract
price; or
4.3 to make a charge for the handling and storage of such
goods until eventual delivery or sale.
5 Delivery
Deliveries of goods of an invoice value (not including VAT) exceeding
£50 for delivery to the United Kingdom mainland will be free
of charge. In all other cases, the Company reserves the right to
charge for delivery, in accordance with its delivery charge policy
from time to time, in particular for timed and urgent deliveries,
deliveries outside normal van delivery distances from the Seller's
premises, deliveries of large or heavy objects, deliveries otherwise
than to the ground floor of premises and second deliveries when
the Seller has been unable to make a prior arranged delivery. Delivery
times and dates are indicative only and the Seller shall not be
liable for late delivery of any kind save where a delivery time
is agreed, and only then if the delay was for causes wholly within
its control. Delivery shall be effective if the goods are left at
or near the Buyer's premises providing notice thereof is given to
the Buyer as soon as practicable.
6 Termination
Without prejudice to any other of the Seller's rights and remedies,
if the Buyer
6.1 has an Administration Order made in respect of it; or
6.2 passes a resolution or the Court makes an Order, for
its winding up, otherwise than a member's voluntary winding up of
a solvent company for the purpose of amalgamation or reconstruction;
or
6.3 has a receiver or administrative receiver or receiver
and manager appointed over the whole or any part of its assets or
undertaking; or
6.4 is deemed unable to pay its debts within the meaning
of Section 123 of the Insolvency Act 1986; or
6.5 enters into any voluntary arrangements within the meaning
of the said Insolvency Act;
or the Seller reasonably believes that the same is about to happen,
then the Seller may treat all agreements and commitments as terminated.
7 Liability
7.1 The Seller shall not be liable in respect of any goods
or services supplied unless they shall have been paid for in full
or for any indirect or consequential loss or for any defect arising
from normal wear and tear, error in assembly, failure to follow
instructions, misuse or alteration of goods.
7.2 All statutory and other warranties, written or oral,
are hereby excluded, save to the extent that the Buyer is acting
as a consumer within the meaning of the Unfair Contract Terms Act.
7.3 If the Seller is liable to the Buyer in respect of any
goods or services, the liability shall be limited to the replacement
of the goods or services in question or a refund in full, at the
option of the Seller.
7.4 Nothing in these terms and conditions shall affect the
Seller's liability for personal injury caused by the Seller's negligence.
8 Description
Descriptions, both oral and in writing including depiction, are
illustrative only and shall not constitute terms or conditions of
the contract.
9 Special Orders
For the purposes of this clause "Specials" means goods
not appearing in any catalogue published by the Seller or appearing
in such a catalogue with a product code printed in black. No order
for Specials may be cancelled under any circumstances and the Seller
may require a deposit to be made before accepting any such order.
The Seller accepts no liability as to fitness for purpose for Specials.
10 Risk and Ownership
Risk in the goods shall pass upon delivery by the Seller to the
Buyer. Ownership thereof shall not pass until the goods have been
paid for in full, and the Seller reserves the right to enter the
premises of the Seller at any time after payment is due to reclaim
goods not paid for.
11 Unders, overs and availability
The Seller reserves the right to supply goods less or more than
the quantity ordered by no more than 10 per cent, and the price
for such goods shall be decreased or increased as the case may be
in proportion and not to supply goods where these are or become
unavailable from its suppliers.
12 Indulgence
No indulgence of the Seller to the Buyer shall entitle the Buyer
to claim any similar indulgence at any other time.
13 Returns
The Seller is under no obligation to accept the return of goods
supplied as ordered unless the Seller shall be liable in respect
thereof to the Buyer. If the Seller accepts any return, the goods
shall be returned within 14 days of the date of delivery at the
expense of the Buyer in unused mint condition including original
packaging and be accompanied by the original delivery note and invoice.
A handling charge of 15 per cent of the invoice value or £7.50
if more will apply to all returns. No food or cleaning products
will be accepted for return.
14 Claims
Claims as regards damaged or faulty goods or errors in supply must
be notified to the Seller as soon as possible and in any event within
seven days of supply.
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