Definitions

1.0 In these terms and conditions, unless it is inconsistent with the context: – The ‘goods’ means any goods supplied or contracted to be supplied by the Company

1.2         The ‘Company’ means the company trading as Webbing Buckles Straps Ltd

1.3         The ‘carrier’ means the Company or any third party who delivers goods to the customer    

1.4         ‘Sales’ literature means, drawings, catalogues, brochures, advertisements and any other literature or documents relating to goods

1.5         The headings are for ease of reference only and shall not affect the meaning or construction of these terms and conditions

• The singular shall include the plural and vice versa. If the customer comprises more than one person, the obligations of the customer shall be joint and several

Application and Variation

2. These terms and conditions shall apply to all quotations given orders received or accepted and contracts undertaken by the Company

3. Any terms and conditions of business of the customer shall only apply insofar as they are not inconsistent with these terms and conditions and otherwise shall be void and not apply
4. No variation of these terms and conditions shall have effect unless it is in writing and signed by a Director of the Company

Delivery

5. The customer shall accept delivery of goods ordered during any period advised by the Company to the customer or if no period is advised then within a reasonable period after the acceptance of the order by the Company
6. Any time date or period for delivery given by the Company is given as an estimate in good faith but shall not be binding on the Company and time for delivery shall not be the essence of the contract
7. Goods shall be deemed to have been examined by the customer on delivery unless the delivery book/note of the Carrier is signed ‘not examined’
8. Any claim in respect of goods delivered already damaged, short delivery or loss of goods must be made in writing both to the Company and (if different) to the Carrier within three (3) days of the date of delivery or (in the case of non-delivery) within three (3) days of the date of invoice
9. If any of the following circumstances shall occur: –

9.1         Any payment due from the customer to the Company (whether in connection with the particular order or any other order) is overdue remains unpaid; or

9.2         A petition for bankruptcy of the customer is presented; or

9.3         A receiver is appointed to the whole or any part of the assets or undertaking of the customer; then in any such case (without prejudice any other rights of the Company)

9.4         Any sum not yet due for payment by the customer to the Company shall immediately become due and payable; and/or

9.5         The Company may suspend or cancel (in either case in whole

or in part) any delivery or order that would otherwise be due to be made in the future to the customer

10. The Company may suspend delivery of or cancel any order for goods (in every case whether of the whole or only part of an order) in the event of any strike, lock out or trade dispute at the Company or the customer or for any reason beyond the reasonable control of either of them

Title of Property

11. All goods shall remain the property of MILK Leisure Ltd and neither legal nor beneficial title to goods shall pass to the customer until all sums (whether in respect of those or other goods) due from the customer to MILK Leisure Ltd have been paid in full
12. Whilst goods remain the property of the Company but are in the physical possession of the customer the customer may sell any such goods to third parties but the full proceeds of any sale shall be held by the customer as trustee for the Company absolutely and the customer shall pursuant to fiduciary duty retain all such proceeds in a separate bank pending payment of them to the Company risk
13. All accounts shall be due for payment on submission of invoice. Terms for payment are as follows: –
14. STRICTLY NET
15. The customer will pay to the Company interest on all overdue sums at 4% per annum above HSBC Bank PLC base rate from time to time in force from the date of invoice until receipt of payment by the Company (both before and after any court judgment)
16. No carrier other than the Company is authorized to accept payment on behalf of the Company
17. Sums due will not be paid unless and until any cheque or other negotiable instrument is honored in accordance with its terms

Limitation of Liability

18. No condition is accepted nor is any warranty given in either case, whether express or implied as to any of the following: –

18.1      The durability life or wear of goods. The suitability or fitness of goods for any purpose or for use under any conditions, whether or not the purpose or conditions are either known or made known to the Company

19. Any description of goods is given by way of identification and the sale of such goods shall not constitute a sale by description
20. The Company shall not be liable for loss or damage whether direct indirect or consequential and in every case whatever nature arising from any of the following: –

20.1      Any delay in delivery of goods; or

20.2      Any differences between the colour, dimensions, details or other specifications shown in sales literature and those of the goods; or

20.3      Any inaccuracy in sales literature; or

20.4      Any liability that the Company would otherwise have but for the terms of clause 17 or 18 above; or

20.5      Any matter beyond the reasonable control of the Company

20.6      Any damage to goods short delivery or loss of goods not reported in writing to the Company and the carrier (if different) within the time limits specified in clause 7 above

21. The Company does not exclude or limit liability for death or personal injury arising from the negligence of the Company or its employees
22. Any liability of the Company to the customer (whether in contract or otherwise) is limited to the invoice price of the goods in respect of which the liability arises

Applicable Law

23. The laws of England shall apply. All contracts with the Company shall be deemed to have been made within the jurisdiction of the Macclesfield County Court.