1.(a) All sales shall be deemed to be made between the buyer and 1926 Trading Co Ltd in accordance with the Terms and Conditions of Sale herein after mentioned. In the event of any conflict between the Conditions and any terms and conditions put forward by the Buyer, these conditions shall prevail.
(b) No person has authority to make any representation on behalf of 1926 Trading Co Ltd, which is not made or confirmed in writing and the Buyer shall not rely upon any representation unless made or confirmed in writing.
(c) The prices for all materials or goods supplied and transportation shall be strictly in accordance with those prices at the time of order currently notified and published by 1926 Trading Co Ltd unless otherwise confirmed in writing by 1926 Trading Co Ltd.
Goods are not sold (or tested) as conforming to any British Standard Specification or as fit for any particular purpose, unless expressly so stated in writing, and any term, condition or warranty that the goods are so fit is excluded.
2. All trade account invoices are to be paid within 28 days of their date, unless some other terms have been specifically agreed in writing between the buyer and 1926 Trading Co Ltd. All overdue accounts will attract a charge of interest at the rate of 2% per month or part thereof. 1926 Trading Co Ltd reserves the right to withdraw credit facilities at any time and all outstanding monies will fall due for immediate payment. In the event that Court proceedings have been instigated, all costs relating to such proceedings will become the responsibility of the Buyer.
3. The ownership of the goods shall not pass to the Buyer until the Buyer has paid to 1926 Trading Co Ltd the whole price thereof and the price of any other outstanding sale. If, notwithstanding that the ownership of goods has not passed to the Buyer, the Buyer agrees that, prior to the payment of the whole price of the goods, 1926 Trading Co Ltd may, at any time enter upon the Buyer's premises and remove the goods there from and that the Buyer shall keep the goods separate and identifiable for this purpose. Notwithstanding that ownership of the goods shall not pass to the Buyer save as provided above, the goods shall be at the risk of the Buyer from the time of collection or delivery to him of the goods
4. It is the buyers responsibility to check the goods for damage or wrong delivery before accepting delivery. No claim for damages or wrong delivery can be made if the carriers receipt is signed as goods received in good condition, signing for goods as 'Not Inspected ' can not be accepted and shall be deemed as the goods being signed as in good condition. Any claim for damages or wrong delivery must be made to 1926 Trading in writing within 3 days of receipt of goods, failing which all claims shall be deemed to be waived and absolutely barred.
Deliveries are made to the 'kerb side'. The buyer must provide assistance unloading the goods. It is assumed that the delivery address will be accessible by a large lorry (40'-0"). It is the buyers responsibility to advise 1926 of any restrictions, e.g. the road is subject to a vehicle weight or width limit, please inform us at the time of order. |
The delivery vehicle must be able to park at the delivery address without committing a parking offence. If the customer knows of any parking restrictions or problems, they must be made known to 1926 Trading at the time of ordering. If the customer instructs the driver to park in a manner that results in a parking penalty being incurred payment of this will be the responsibility of the customer.
The person who placed the order will need to be at the delivery address to sign for the goods, the delivery slot on a given day is any time between 8am and 6pm.
If a delivery is attempted on an agreed delivery date and the driver is unable to gain vehicular access or the buyer (or their representative) is not present to receive the goods, the buyer will be liable for any redelivery costs incurred.
5. Goods may be returned for whatever reason* subject to the buyer notifying 1926 Trading in writing, within 7 days of receipt of the goods that they wish cancel the order. The goods will only be accepted for restocking if they are undamaged and in the original unopened packaging. The goods must be returned at the buyers expense, via their chosen courier, and a 30% handling charge is payable.
*This excludes goods that have manufactured specifically for the customer.
This does not affect your statutory rights as a consumer.
6. Whilst every effort will be made by 1926 Trading to ensure that the correct quantity and quality of goods are delivered within a timely manner to the buyer, neither 1926 Trading or the manufacturer shall be liable for any damages caused by such omissions or delays.
7. In installing or using any goods or equipment supplied by 1926 Trading the purchaser shall observe all instructions, directions and warnings issued by 1926 Trading or the manufacturer.
8. All cases of force majeur such as wars, riots, strikes, lockouts, bankruptcy, fire, water damage, delay in transport, lack of means of transport, breakdown in factories or those of our suppliers or any other unforeseeable events give us the right to postpone the fulfilment of the contract, as well as to cancel it partially or wholly without thereby conferring on the Buyer the right to claim damages against 1926 Trading or the manufacturers.
9. The contract between 1926 Trading and the Buyer shall be deemed to have been made at the registered office of 1926 Trading Company Limited, Unit 5 High March, High March Industrieal Estate, Daventry, Northamptonshire. NN11 4HB.
10. All contracts subject to these Conditions between the Buyer and 1926 Trading, shall be subject to and interpreted in accordance with English law and the Buyer hereby agrees to submit to the non-exclusive jurisdiction of the English Courts in respect of all claims, disputes or differences arising out of or in connection with any such contract |
