TERMS AND CONDITIONS OF CONTRACT
Note: Rivercircle Limited is below referred to as "the Company".
All orders placed with the Company require the Company's acceptance before any obligation attaches to the Company and any such acceptance is given upon the terms and conditions set out below upon which terms alone the Company is willing to contract in any event goods are tendered for delivery and work is undertaken in every case upon and subject to these terms and conditions.
TERMS OF PAYMENT
Ledger accounts approved by the Company:- net cash monthly. Other accounts:- cash with order.
All invoices are due for payment on the last day of the month following the invoice date, unless otherwise agreed in writing. Any invoice outstanding beyond this period will be referred to Daniels Silverman Limited at the discretion of the Company, and will be subject to a surcharge of 15% plus VAT to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
The Company reserves the right to withhold deliveries if:-
a. Payment has not been made on the due date, or
b. The customer shall fail to comply with any request made by the Company at any time for payment prior to delivery, irrespective of whether the order has been accepted on net cash monthly terms or otherwise.
TRANSFER OF PROPERTY
a. The goods shall remain the property of the Company until the Company has received payment in full for the goods and all other sums owing that are due to the Company.
b. If the Customer (who shall in such case act on its own account and not as agent for the Company) shall sell the goods prior to making payment in full for them, the beneficial entitlement of the Company therein shall attach to the proceeds of such sale or to the claim for such proceeds.
c. So long as the goods remain the property of the Company, the Company shall have right without prejudice to the obligation by the Customer to purchase the goods, or to re-take possession of the goods.
d. Nothing in this condition shall confer any right upon the Customer to return goods sold hereunder. The Company may maintain an action for the price not withstanding that property in the goods may not have passed to the Customer.
It is an express condition that the Company may at any time, in its discretion, increase the price for all or any part of the goods that are to be supplied under the contract up to the current price for such goods at the time when the same are delivered as above.
The Company, whilst making every effort to effect prompt delivery, will not be liable for loss or damage occasioned by delay in delivery howsoever caused, and any delivery dates quoted are given subject to this condition.
The Company shall be excused from liability if performance of the contract is prevented or hindered by any cause whatsoever beyond the Company's control and in particular but without prejudice to the generality of the foregoing by Act of God, Government Control, restrictions or prohibitions, or any other Government act or omission whether local or national, fire, flood, subsidence, sabotage, accident, strike or lock-out, and shall not be liable for any loss or damage resulting from any such circumstances.
SPECIFICATIONS AND DRAWINGS
Every effort is made is made to ensure that descriptions, drawings and other information in correspondence, catalogues, etc, are accurate, but no warranty is given in respect thereof and the Company shall not be liable for any error therein.
Any service or advice which may be offered by the Company to users of its products is rendered in good faith, but the Company shall not be liable for any loss or damage arising therefrom.