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TERMS AND CONDITIONS OF SALE


  1. Definitions: In the Conditions ‘Company’ means Nimbus Products (Sheffield) Ltd. and ‘Purchaser’ means the person, firm, company, corporation or other body who has bought or agreed to buy the products.


    GENERAL


    a) These conditions shall apply to all orders, acknowledgements of order, quotations and any other sales and supplies of the Company's products to the exclusion ‘of any inconsistent terms and conditions proposed by the purchaser unless the latter are specifically accepted in writing on behaif of the Company. The Purchaser should note that the Company's Agents Salesmen or Representatives have no authority to agree or accept any amendment or alteration to these Conditions of sale.


    b) All contracts shall be governed by English Law.


    c) These Conditions of Sale shall apply in substitution for all previous Conditions of Sale and terms upon which the Company and the Purchaser shall have carried on business and shall

    represent the whole of the Agreement between the Company and the Purchaser to the exclusion of any previous course of dealing trade custom practice or usage.


  1.  QUOTATIONS

    1. Subject to Clause 3 hereof quotations are open to acceptance in writing by a Purchaser for a period of thirty days from the date of the quotation. After this period of thirty days has expired the tender will be deemed to have been withdrawn unless otherwise agreed in writing on behalf of the Company.

  2. PRICES

    1. Notwithstanding any offer, quotation, tender or price list, orders can only be accepted subject to the condition that goods will be invoiced at the Company's prices ruling at the date of dispatch.
    2. All prices quoted are subject to the addition of V.A.T. at the rate in existence at the date of supply as defined by statute.

4. TERMS OF PAYMENT

  1. Except where goods are supplied on credit, the Company will not despatch the goods to the Purchaser until payment in full has been received by the Company in respect of the goods and any delivery of carriage charges payable by the Purchaser.

  2. Where goods are supplied on credit all invoices for goods together with all delivery packaging, ex-works delivery or other charges for which the Purchaser is liable shall become due on the earlier of:


    (i) A specifically agreed payment or nett cash 30 days from date of invoice.


    (il) The day when invoices previously rendered by the Company to the Purchaser became overdue for payment.

     

  3. If payment is not made in accordance with the foregoing the Company without prejudice to its other rights hereunder shall be entitled to charge, in addition to any moneys due hereunder, interest on the outstanding amount at the rate of 2% per annum above the Bank of England Minimum Lending Rate from time to time in force until the outstanding amount is paid. Time of payment is of the essence.


  4.  The Company reserves the right to withdraw credit facilities at any time without giving reason and thereafter all transactions between the Purchaser and the Company will be on the basis laid down in clause 4 (a) above.


  1. If the purchaser enters into liquidation bankruptcy or a Receiver of the Purchaser's affairs is appointed, the Company shall have the option to rescind any existing contracts between the Company and the Purchaser for the delivery of goods but without prejudice to the Company's rights to sue for payment in respect of any goods already delivered under that contract.


5. CARRIAGE / DELIVERY

a) Unless otherwise agreed the Company shall have the right to determine the method of delivery of the goods. The cost of such delivery plus an addition to cover packaging costs will be charged to the Purchaser. 

b) The Company will endeavor to deliver the goods on the dates (if any) specified by its duly authorised representatives but in all cases any dates given for delivery are estimates only and the Company will not be liable for any loss damage or expense suffered by the Purchaser as a result of the Company's failure to deliver the goods on any specified date.

c) The Purchaser shall accept delivery by instalment required to do so by the Company.


  1. GOODS LOST / DAMAGED IN TRANSIT / SHORT DELIVERED


  1. The Company must be notified of non delivery of goods within ten days of the date of despatch as shown on the Company's invoice.


  2. The Company will only replace the products lost or damaged in transit on the proviso that the Purchaser has acted in accordance with Clause 6(a) and 6{c).


  3. If goods are damaged in transit or short delivered the Company must be notified within three days of receiving the goods. If the Purchaser shall fail to give such notice within the specified period the goods shall be deemed to be in all respects in accordance with the Contract and the Purchaser shall be deemed to have accepted the same and be bound to pay accordingly.


  4. RETURN OF GOODS FOR CREDIT


a) The Company will not accept for goods returned for credit unless previously agreed in writing by the Company.


  1. Before consideration can be given to the acceptance of goods retumed for credit the Purchaser must provide the date of the original supply and the invoice number on which they were charged.


  1. The Company reserves the right:


    (i) to refuse to accept any goods which are not in their original condition.

    ii) to make a 20% restocking charge for accepting goods returned for credit to cover administration and other costs involved.


    unless alternative arrangements have been previously agreed by the Company in writing.


  1. If goods are returned for credit without any prior agreement in writing with the Company as provided for in sub-section (a) of this clause the Company does not accept any responsibility for any damage caused to the goods or loss suffered while the goods are in the possession of the Company.


  1. TITLE


    a) The ownership of goods supplied by the Company to the Purchaser will only be transferred to the Purchaser when the Purchaser has paid all that is owing to the Company no matter on what grounds.  


b) The risk in the goods shall pass to the Purchaser when the are delivered to the Purchaser and the Purchaser shall ensure that from that time until payment the goods are adequately insured against loss or damage by fire on any insurable risk.


c) Where the Purchaser re-sells the goods before legal ownership of the goods and the Company loses title to the products in consequence the Company's beneficial entitlement  shall attach to the proceeds of sale ( which expression in this clause includes any right to or claim for such proceeds) and the Purchaser shall hold such proceeds of sale in trust for the Company and keep them separate from other money but if the Purchaser shall make payment in full for the products as well as any other sums due to the Company then the Purchaser shall become entitled to the proceeds representing the products in place of the Company.


9. MINIMIUM ORDER CHARGE


The Company reserves the right to apply a minimum order charge of £100.00 excluding carriage costs and V.A.T.


  1. SALES EX-STOCK


Goods offered ex-stock are subject to prior sale.


  1. CANCELLATION


Contracts and orders may be cancelled by the purchaser only with the Company's written agreement and the Company retains the right to charge a cancellation fee.


  1. CONFLICT OF CONDITIONS OF SALE


If the Purchaser act on the basis of his own standard conditions of purchase then these conditions of sale shall prevail in all circumstances where there is a difference unless otherwise agreed in writing on behalf of the Company.