Terms and Conditions
1. This contract contains the entire bargain between us and in the case of any inconsistency between this contract and any form of contract sent to the Sellers by the Buyers (whatever their respective dates) the terms and conditions of this contract shall prevail.
2. If a contract is entered into for delivery by instalment, the cancellation of any installment shall not affect the remainder of the contract, except in the case of cancellation for failure on the Buyers part to pay for goods delivered, as provided for in Condition 3 hereof.
3. The time of payment shall be of the essence of the contract. If the Buyers fail to make payment on the due date for goods delivered under this or any other contract which the Sellers have with the Buyers, the Buyers right to discount shall be forfeited and they shall pay interest on the unpaid monies at the rate of 2 per cent over the Bank Of England rate. In such event the Sellers shall be entitled to suspend further deliveries under this and/ or any such other contract, and if such payment, or any part therof, including the interest shall remain in arrears for 7 days after written demands shall have been made thereof, the Sellers shall have the further right to cancel this and/ or any such other contract, and in either case without prejudice to any other right the Sellers may have.
4. Any concession, latitude or waiver the Sellers may allow or have allowed to the Buyers at any time shall not prevent the Sellers subsequently exercising their full rights under this contract.
5. All deliveries must be taken up by the date or dates stated in the contract, or if no date is stated, deliveries shall be taken at a reasonable rate, but, in any event, the contract must be completed within 12 months of its date. When it is necessary for the Buyers to supply particulars, or to do any other act to enable the Seller to deliver within the contract time, the Sellers shall have the right to cancel any undelivered balance not taken up by the date stated in the contract or at the end of the said 12 months, as the case may be, or any balance that the Sellers cannot deliver by reason of the Buyers’ default hereunder, and in either case without prejudice to any claim which the Sellers may have for damages.
6. In the event of the Sellers cost of production increasing owing to war, Queen’s enemis, defence measures, riot, civil commotion, increase of excise or customs duty, rise in cost of materials ised, increase in wages, currency fluctuation or other cuase (whether of the kind herein specified or not) not within the control of the Sellers, the prices at which this order is accepted shall be increased in repsect of that portion of the order then undelivered on written notice of such increase being given by the Sellers to the Buyers.
7. In case the Sellers are unable to give delivery of any goods under this contract owing to strike, lock out, combination of work people, firestorm, tempest, flood, Queen’s enemies, riot, civil commotion, scarcity of labour, explosion, breakdown, or any stoppage of machinery either at the Seller’s Works, or at any Works from which the Sellers have to obtain supplies of materials for the contracts over which the Sellers have no control, the contract may be suspended during the period of the stoppage for a reasonable period thereafter on the Sellers giving notice to that effect to the Buyers.
8. No claim can be entertained in respect of goods delivered under this contract after such goods have been finished, processed, shipped or dealth with in any way.
9. No deductions shall be made by the Seller’s account unless and until the Sellers have been given a reasonable opportunity to examnine goods forming the subject of any such deduction and agree therto.
10. All disputes as to qualify arising under this contract may be referred to the Tribunal of Arbitration of the Manchester Chabmer of Commerce, whose decision shall be final.
11. Delivery must be taken up strictly in accordance with the terms of the contract immediately the Buyer is notified that the goods are ready for delivery. The Buyer agrees that if he commits a breach of this condition any additional premium which the Sellers have to pay under the War Risk Insurance Act, 1939, or any ammendment thereof for the goods covered by the Act in respect of the period of such breach and any additional warehousing charges or interest charges in respect of such breach may be added to the invoice and shall be paud by the Buyer.
12. a) Where a pattern submitted with the contract does not agree with the particulars supplied by the Buyer, the particulars shall prevail. b) Where delivery is spread over 2 or more periods, as a substantial proportion only, and not an equal proportion, may be delivered in each period. c) Where the contract provides for a “quality as before” or contains similar words, it shall be sufficient if the Sellers deliver goods equal
to those delivered against the previous contract.
13. Notwithstanding delivery, no title to any goods shall pass to the customer until paid for in full. For this purpose, payment by cheque in not deemd payment until the cheque has cleared.
14. This contract is made subject to any condition or altered conditions resulting through war and the safe arrival by sea and rail of goods required provided Her Majesty’s Government or any other Government do not prohibit or restrict the imports, or commandeer any of the goods.
15. If any goods delivered to the Buyer, are refused for any reason aside from incorrect goods being delivered, the buyer shall be liable for all expenses incurred.
16. Leighman Marketing International Ltd has the right to cancel any order or any part of an order with no obligation or liability to the vendor.
17. Unless otherwise specified, our payment terms are net 30 days from the date of invoice. All disputes subject to arbitration by the Manchester Chamber of Commerce.
Contracts can be suspended owing to strikes, lock outs, force majure, cause beyond our control, quota and/ or other Government restrictions, and Act of G-d.
All disputes subject to arbitration by the Manchester Chamber of Commerce.
The Seller reserves the right to suspend or cancel this contract of the Buyer’s payment for goods delivered against this or any other contract are in arrears.
Unless a written confirmation to this order is received within 14 days of the date thereof the Seller reserves the right to suspend or cancel all or any part of this order.
Damaged goods or shortages must be reported in writing within 3 days from receipt. Non-delivery of goods mut be reported in writing within 7 days of invoice date.
No shorts of allowances made unless seen and agreed to.
No claims admitted after goods have been shipped or have undergone any process.
Not withstanding delivery, no title to any goods shall pass to the customer until paid for in full. For this purpose, payment by cheque is not deemd payment until the cheque has been cleared. This condition does not imply that goods are supplied on a “sale or return” basis.
ALL GOODS REMAIN THE PROPERTY OF THE SELLER UNTIL PAYMENT HAS BEEN RECEIVED IN FULL