Terms of Business
DEVON COMMERCIAL STATIONERS LTD
TERMS AND CONDITIONS OF SALE
DEFINITIONS
“The Seller” Devon Commercial Stationers Ltd, Cofton Road, Marsh Barton, Exeter, EX2 8QW.
”The Buyer” any appointed representative of any customer of the Seller.
“Goods” any goods agreed to be sold by the Seller to the Buyer.
CONDITIONS OF SALE
Unless otherwise specifically agreed in writing by the Seller, the following Terms & Conditions of sales shall
govern every sale of goods made by the Seller to any Buyer.
PRICE
All prices are subject to alteration without notice and the actual prices
charged shall be the Sellers prices ruling at the date of despatch. The Seller
shall be entitled to charge the Buyer the relevant amount of value added tax on
all invoices.
TERMS OF PAYMENT
-
Unless otherwise stated, payment must be made within 28 days from the end of
the month of invoice.
- We reserve the right to withhold further deliveries until the overdue amount
is paid in full.
- We reserve the right to charge interest on overdue accounts at the rate of 2%
per month.
DELIVERIES
- Deliveries within the UK will be made free of charge unless the Seller
notifies the Buyer of any charge prior to delivery being made.
- Overseas deliveries will be charged by agreement.
- Claims in respect of short deliveries or damage to goods in transit must be
notified by the Buyer to the Seller within 2 days of receipt of the goods.
Telephone notification must be confirmed in writing.
- Where outside carriers are used, it is essential that the carrying company is
notified also, as to damage, loss or non-delivery.
- Any date of delivery given by the Seller or his Agent shall be deemed to be
an estimate only.
SUBSTITUTION
- Unless we receive written instructions to the contrary, we reserve the right
to substitute the nearest product available for any item which is out of stock
at the time of ordering.
- Any descriptions and illustrations contained in any catalogues, price lists,
advertising matter and any other literature of the Seller, are representative of
the goods described therein.
RESERVATION OF TITLE
Property of the goods remains with the Seller until full payment has been
received by the Seller. The Seller may at any time enter the Buyers premises to
recover the goods until full payment has been received. The risk in the goods
passes to the Buyer on delivery and the Buyer shall promptly effect and maintain
insurance of the goods in the joint names of the parties against loss or damage
at their full invoice price until full payment has been made.
RETURNS
- Our representatives/van drivers are not authorised to accept the return of
goods delivered unless they are in possession of a Collection Note. To enable
prompt credit of these goods, we must request that the original delivery note or
invoice number is quoted.
- Goods not required must be returned within 14 days of receipt, in original
packaging and in a re-saleable condition.
- Special items purchased for the Buyer cannot be cancelled or returned once
the order has been placed.
- In all other circumstances, the prior agreement of the Seller must be
received by the Buyer to his return of goods.
CREDIT ACCOUNTS
We reserve the right to alter or terminate credit facilities at any time if:-
- Any sum is owing and overdue by the Buyer to the Seller.
- The Buyer is in breach of any term of contract.
- The Buyer enters any composition or arrangement with its creditors or becomes
bankrupt or insolvent.
WARRANTIES
The Seller shall not be bound by any oral warranty or representation given or
made on its behalf, unless confirmed in writing.
FORCE MAJEURE
The Seller shall not be liable for any loss, damage or expense suffered or
incurred as a consequence of or arising out of and the Buyer shall not be
entitled to terminate any contract by reason of or on account of war, act of
God, civil commotion, riots, strikes, lock-outs, fog, flood, act of Government
or any other bad weather conditions.
ARTWORK, PROOFS, ETC
- At the Sellers discretion, all artwork, proofs, etc., on and after first
proof produced or special materials purchased at the Buyers request may be
considered an order and charged for.
- No responsibility will be accepted for any error in proofs passed by him.
- The Seller shall be indemnified by the Buyer against any claim by a third
party against the Seller arising out of any goods supplies to or work done for
the Buyer, including any infringement of copyright, patents, trade marks or
registered design.
DEFAULT BY CUSTOMER
If the customer defaults in any of his obligations to us or commits any breach
of the terms of any contract entered into by us, then we shall have the right to
terminate without notice any agreements, orders or obligations and invoice the
customer for any work performed and expense incurred including loss of profit.
SEVERANCE
If any provision of these Terms and Conditions is found by any court, tribunal
or administrative body of competent jurisdiction to be wholly or party illegal,
invalid, void, voidable, unenforceable or unreasonable it shall, to the extent
of such legality, invalidity, voidness, voidability, unenforceability or
unreasonableness be deemed severable and the remaining provisions of these Terms
and Conditions and the remainder of such provision shall continue in full force
and effect.
DISCLOSURE
You agree that we may disclose details of and relating to any transaction to
which these conditions apply to any group, company, subsidiary company or
professional employed by us or them and to our Financiers and any credit
reference agency pursuant to their standard terms and conditions relating to the
Data Protection Act 1998.
LAW
The contract shall be governed by and construed in accordance with the Law of
England.
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