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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.
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:
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.
This clause applies if:
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.
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.