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In these conditions ‘the Company’ means Care Express and ‘the Buyer’ means the individual, firm or company to whom the invoice is addressed, or their successors in title or any administrative receiver or liquidator appointed.
1. Price
The company shall invoice the Buyer for the goods delivered to the Buyer (the “Goods) on delivery and where the order is of insufficient value, an appropriate carriage charge (see appendix) will be levied. Such goods and charges shall be paid for within (30) days of the invoice or within the terms mutually agreed, failing which the Company shall:
- Be entitled to charge the Buyer interest (both before and after any judgement) on the amount owing at a rate of 4% per annum above HSBC Bank PLC base rate from time to time in force (for the purposes of calculating interest part of a month is to be treated as a full month),
- Be entitled to cancel the contract or suspend any further deliveries to the Buyer, and
- Appropriate any payment made by the Buyer to such of the Goods (or the goods supplied under any other contract between the Buyer and the Company) as the Company may think fit (not withstanding any purported appropriation by the Buyer).
2. Risk and Property
Risk of damage to or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered at the Company’s premises when the Company notified the Buyer that the Goods are available for collection or in the case of Goods to be delivered otherwise then at the Company’s premises at the time of delivery. Until such time as title in the Goods has passed to the Buyer the Buyer shall insure such Goods to their replacement value and the Buyer shall forthwith, upon request, provide the Company with a Certificate or other evidence of such insurance.
3. Claim
- The Buyer shall inspect the Goods on delivery and shall within 3 days thereof notify the Company in writing of any defects, damage, breakages or discrepancies with the relevant invoice; failing which the Buyer shall not be entitled to raise a claim in respect of those Goods.
- On receipt of a notice in writing under Clause 3 above, the Company may, at its sole discretion, replace, repair or withdraw a product (subject to availability and an appropriate adjustment of the purchase price) in such a manner and time as the Company considers reasonable.
- 4The Company shall not be liable under this Clause 3 for Goods returned to the Company without prior authorisation.
- Where goods are returned due to the customer’s ordering error or refusal to accept delivery, a handling charge of 15% may be levied to cover administration/re-delivery costs.
4. Retention of title
- Title to the Goods shall not pass to the Buyer but shall be retained by the Company until all sums due from the Buyer on any account from the Company have been paid. Until such time as title in the Goods has passed to the Buyer.
- The Company shall have absolute authority to retake, sell or otherwise deal with or dispose of all any or part of the Goods in which title remains vested in the Company.
- For the purposes specified in Clause 4.1 above the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter upon any premises in which the Goods or any part thereof are displayed, stored or kept, or is reasonably believed to so be;
- The Company shall be entitled to seek a Court injunction to prevent the Buyer from selling, transferring or otherwise disposing of the Goods; and
- The Buyer shall store or otherwise denote the Goods in respect of which property remains with the Company in such a way that the same can be recognised as the property of the Company.
5. Insolvency of the Buyer
This clause applies if:
- The Buyer makes any voluntary arrangement with its creditors or (being an individual or a firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
- An encumbrancer takes possession or a receiver is appointed, of any of the property or assets of the Buyer;
- The Buyer ceases, or threatens to cease, to carry on its business; or the Company reasonably apprehends that any of the events mentioned above are about to occur in relation to the Buyer and notifies the Buyer accordingly.
If this clause applies then, without prejudice to any other right or remedy available to any, the Company shall be entitled to cancel any agreement or suspend any further deliveries without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
6. Governing law
The interpretation, construction and performance of these Terms & Conditions shall be governed exclusively by English law and the parties expressly submit to the non-exclusive jurisdiction of the English courts.