TERMS OF TRADE FOR (Collings Brothers of Abbotsley Ltd)
1. DEFINITIONS
1.1 ‘BUYER’ means the person who buys or agrees to buy the goods from the seller.
1.2 ‘TERMS’ means the terms and conditions of sale set out in this document.
1.3 ‘GOODS’ means the article(s), which the buyer agrees to buy from the seller.
1.4 ‘PRICE’ means the price of the goods before; carriage, packing, insurance and VAT.
1.5 ‘THE SELLER’ means: Collings Brothers of Abbotsley Ltd, Potton Road, Abbotsley,
St Neots, Cambs. PE19 6TZ any of its branches.
2. TERMS OF PAYMENT
2.1 The buyer shall pay for the goods supplied in full within 30 days of the date of
invoice together with the VAT payable thereon. For wholegoods the terms are strictly
payment on collection or within 7 days of the date of invoice together with the VAT
payable thereon.
2.2 We reserve the right to charge interest on overdue accounts will be charged under
‘The Late Payment of Commercial Debts ( Interest ) Act 1998’ at 2% per month from the due
date to the date of payment and if payment is by cheque, until such time as funds are
cleared to the sellers account.
3. OUTSTANDING DEBTS
3.1 Any account outstanding beyond the sellers credit terms as set out in clause 2
above, will be passed to a debt collecting agency and will be subject to a minimum
administration charge of £60 and the buyer will additionally be responsible for
any further costs incurred including court fees.
4. RETENTION OF TITLE
4.1 In spite of delivery having been made, property in the goods shall not pass from
the seller until:
4.1.1 The buyer has paid the price plus VAT in full; and
4.1.2 No other sums whatever shall be due from the buyer to the seller.
4.2 Until property in the goods passes to the buyer in accordance with clause (4.1),
the buyer shall hold the goods and each of them on a fiduciary basis as bailee for
the seller. The buyer shall store the goods (at no cost to the seller) separately
from all other goods in its possession and marked in such a way that they are
clearly identifiable as the seller’s property.
4.3 Notwithstanding that the goods (or any of them) remain the property of the seller,
the buyer may sell or use the goods in the ordinary course of the buyer’s business
at full market value for the account of the seller. Any such sale or dealing shall be
a sale or use of the seller’s property by the buyer or on the buyer’s own behalf and
the buyer shall deal as principal when making such sales or dealings. Until
property in the goods passes from the seller, the entire proceeds of sale or
otherwise of the goods, shall be held in trust for the seller and shall not be mixed
with other money or paid into any overdrawn bank account and shall be at all
material times, identified as the sellers money.
4.4 The seller shall be entitled to recover the price (plus any VAT) notwithstanding that
property in any of the goods has not passed from the seller.
4.5 Until such time as property in the goods passes from the seller, the buyer shall
upon request deliver up such of the goods as have not ceased to be in existence or
resold to the seller. If the buyer fails to do so, the seller may enter upon any
premises owned, occupied or controlled by the buyer where the goods are situated
and repossess the goods. On the making of such request the rights of the buyer
under clause (3) shall cease.
4.6 The buyer shall not pledge or in any way charge by way of security for any
indebtedness, any of the goods, which are the property of the seller. Without
prejudice to the other rights of the seller, if the buyer does so all sums whatever
owing by the buyer to the seller, shall forthwith become due and payable.
4.7 The buyer shall insure and keep insured the goods to the full price against ‘all
risks’ to the reasonable satisfaction of the seller, until the date that property in the
goods passes from the seller and shall whenever requested by the seller, produce
a copy of the policy of insurance. Without prejudice to the other rights of the
seller, if the buyer fails to do so, all sums whatever owing by the buyer to the
seller, shall forthwith become due and payable.
5. LIEN OVER GOODS
5.1.1 The seller shall have a lien over all goods of the buyer in the possession of the
seller for any sum due to the seller from the buyer.
6. SHORTAGES, LOSS OR DAMAGE
6.1 The seller will accept no responsibility for shortages, loss or damage unless: –
- i) Any shortage or damage is noted on the delivery sheet and/ or carriers
consignment note, and
- ii) All carriers conditions have been complied with in full by the buyer or
consignee, and
iii) A clear signature has been given on the delivery sheet and/ or consignment
note and/ or notification of any damage or shortage is sent to the seller and
also to the carriers immediately, and/ or
- iv) Notification in writing of non-delivery is sent to the seller within 7 days of
the invoice date.
6.2 The Company shall not be liable for any expense, loss or damage caused by late
performance or delay in delivery.
7. RETURNS AND HANDLING CHARGE
7.1 Goods, which are to be returned, must have the sellers consent before they are
returned. Carriage and administration charges will be incurred if the goods are
returned after 14 days from the delivery date save for the above goods may not be
returned unless they are defective.
7.2 A 15% handling charge will be made in respect of current stock items returned as
incorrectly ordered from the buyer. The seller will not accept return of any goods
specifically ordered by the buyer.
7.3 Only unused goods in good condition will be considered for return.
8. SPECIAL ORDERS
8.1 No responsibility can be accepted for goods made to the buyer’s dimensions unless
detailed drawings of such goods are provided at the time of the order and the
goods do not correspond with the said detailed drawings.
9. DELIVERY AND RISK
9.1 No guarantee is given that the goods will be delivered at the time requested,
although every effort will be made to do so. The buyers shall make all
arrangements necessary to take delivery of the goods whenever they are tendered
for delivery. The goods shall be at the buyers risk from delivery or when collected
by the buyer personally.
10. QUOTATIONS AND ESTIMATES
10.1 Quotations and estimates include only goods and work specified therein. Buyers
will be notified of any additional repairs that are found necessary on the
dismantling of goods, which can be the subject of a supplementary estimate, if the
buyer so instructs.
10.2 Labour charges in quotations and estimates are subject to any increases in wage
rates between the date of quotation or estimate and completion of the work.
10.3 Material prices are subject to alteration by the manufacturers without notice given
and the prices ruling at the time of fitting and/or despatch will be charged.
10.4 Acceptance of a quotation or estimate does not constitute a contract until
confirmed in writing by the seller.
11. ORDER NUMBERS
11.1 Responsibility for the recording and accuracy of order numbers lies solely with the
buyer when placing any order.
12. EXAMINATION OF GOODS AND LIABILITY
12.1 It is the responsibility of the buyer to examine the goods immediately upon
delivery.
12.2 Any goods supplied and claimed to be defective may be returned by prior
arrangement with the seller and if admitted to be defective, will be replaced free of
charge at the price of the original delivery, but shall not form the subject of any
damage, whether consequential or otherwise.
12.3 Except in the case of death or personal injury caused by the negligence of the
seller or his employees, the sellers liability under this agreement for any direct loss
however it is caused, shall be limited to the value of the goods ordered. The seller
shall not incur any liability for any consequential loss e.g. loss of profit or contracts
to the buyer .
12.4 The seller shall not be liable for loss or damage arising from the incorrect use or
alteration of the goods.
13. WARRANTY
13.1 Any warranty given by the manufacturer, supplier or other firms carrying out work
under contract with the seller, will be passed on to the buyer for goods supplied or
repair work undertaken.
13.2 Used goods are sold subject to the express warrant (if any) given in writing with
them.
14. RISK
14.1 All reasonable precautions are taken against fire, theft, burglary, act of god and
accidental damage, but the seller shall not be liable for any loss or damage
sustained from these risks.
15. COMPLAINTS
15.1 Any complaint by the buyer relating to any invoice must be notified in writing to
the seller within 7 days of the date of the invoice. Any other complaints will be
void as against the seller.
16. EXPORT TERMS
16.1 Where the goods are supplied for export from the United Kingdom, the provisions
of this clause (16) shall apply subject to any other terms agreed in writing between
the buyer and the seller.
16.2 The buyer shall be responsible for complying with the legislation or regulations
governing the importation of the goods into the Country of destination and for the
payment of any duties thereon.
16.3 The buyer shall be responsible for arranging for testing and inspection of the goods
at the sellers premises before shipment . The seller shall have no liability for any
claim in respect of any defect in the goods which would be apparent on inspection
and which are made after shipment, or in respect of any damage during transit .
16.4 The buyer is responsible for ensuring the seller receives confirmation of goods to
be exported, by an official order in writing, signed by an Authorised Signatory and
made available before release of the goods. This can be sent via; post, facsimile
or Email. The seller accepts no liability for delays in orders without the said official
order. The buyer will owe any additional costs for delays in shipment to the seller.
17. FORCE MAJEURE
17.1 Neither party shall be liable for any failure or delay in the performance of this
agreement, which is caused by circumstances beyond the reasonable control of the
party.
18. MACHINERY
18.1. On access to our website and the equipment advertising facility, you will be
deemed to have accepted all of the terms and conditions that apply to its use.
18.2 The Company reserve the right to amend these terms and conditions at any time
and you are obligated to check if changes have been made. Any further access
to our website and the equipment advertising facility after any changes will
constitute acceptance to the new terms and conditions.
18.3 The company will not be liable for any incorrect advertisements, including but not
limited to: advert price, omission of details, mismatch or falsely declared
information.
18.4 Whilst every effort is made into ensuring a machine either traded in or bought in
is free from any encumbrance, we cannot offer any guarantees that the used
machinery advertised on our website is absolutely free from any encumbrance.
18.5 All delivery dates are estimated and not of the essence of the contract. We shall
have no liability in respect of failure to deliver by the stated delivery date or at all.
18.6 If you fail to take delivery of the goods by the agreed delivery date then (without
limiting any other rights we may have) we shall store the goods at your risk and
expense (including all demurrage charges) or (at our option) cancel the contract
without liability to ourselves.
18.7 Payment shall be paid in full before collection or delivery of the machine, or if
agreed in writing within 7 days following the date of our invoice. Failure to do so
can result in our charging interest at 2% per 7 days under ‘The Late Payment of
Commercial Debts (Interest) Act 1998.
19. GENERAL
19.1 All contracts of sale made by the seller are deemed to be subject to these terms of
trade, which cannot be varied, altered, suspended or added to except by written
consent of the seller, such consent to be signed by an Authorised Signatory.
19.2 The laws of England and Wales shall govern the contract and the buyer hereby
submits to the exclusive jurisdiction of the English Courts in all matters regarding
the contract.
E&OE
