Trade Terms & Conditions
1. Application of Conditions.
Not withstanding anything which may be contained in any purchase order or other document of the buyer, goods and services (”Goods”) are supplied subject to these conditions alone. By ordering Goods from the seller the buyer will be deemed to have accepted that these conditions take precedence over all other either submitted by the buyer or implied by trade custom, practice or course of dealing unless expressly agreed to in writing by the seller and signed by a Director or the Secretary of the Company.
The seller shall make every effort to maintain prices quoted but reserves the right to amend these without prior notice in the event of fluctuations in the cost of raw materials, labour, carriage, overheads, etc or increase in or imposition of duty of taxes, or variance in exchange rates or other adverse trading conditions. The seller’s published price list includes retail and trade prices. All invoices will include VAT, where applicable, at the rate in force at the time. At the seller’s discretion the buyer will receive discounts to the trade prices contained in the seller’s current published price list. The rate of discount applicable to each product range will be confirmed in writing to the buyer at the point that a trade account is opened for them. The seller will notify the buyer of all changes to discounts in writing fourteen days in advance of the alteration taking effect. The seller reserves the right to cease the buyers applicable discount without being required to provide explanation or justification.
3. Terms of Business.
- Orders. Purchase orders for goods should be submitted by email. The seller’s product codes and descriptions must be used in all cases and all orders for goods must be in not less than the minimum order quantities as specified in the seller’s published price list. All products are sold subject to availability and are not offered on a sale or return basis. Minimum order value £50.
- Payment. Unless otherwise agreed in writing, payment in full is due in respect of Goods delivered without deduction or set off. Unless otherwise stated credit accounts are due for payment within 30 days following invoice date. The seller reserves the right to suspend deliveries to buyer’s whose accounts are overdue. Failure to pay in accordance with these terms will result in the seller instructing a third party to obtain settlement, and costs incurred thereby shall be charged to the buyer. If the “customer” fails to pay the due amount within the payment terms, the outstanding sum will attract a monthly interest charge of 5%. Invoices which are overdue by more than 30 days will, at the seller’s discretion result in the outstanding amount being converted from the original pricing to full retail price of the products invoiced, as shown in the price list. New accounts must settle the invoice balance in full on the first three orders placed, prior to delivery.
- Settlement. Early settlement discounts do not apply unless otherwise agreed in writing.
- Exceptions to terms of business. If facts come the seller’s knowledge which, in light of due consideration, give rise to justified doubts regarding the buyer’s solvency, the seller shall be entitled to make at once payable all claims arising from our business relation, including those for which the term of payment has been extended or for which the seller has taken bills of exchange in lieu of payment. In such cases the seller shall be entitled to make any deliveries or render services as yet outstanding only against prepayment or adequate security.
All Goods will be delivered to the buyer’s registered address, unless otherwise instructed in writing. The buyer is required to acknowledge receipt of all deliveries by the seller or its agents by signing the supplied delivery documentation. The buyer will assume responsibility for all communication relating to direct deliveries from the seller to the end consumer. The seller will supply courier details including a shipment tracking number for any such delivery for this purpose. The buyer is liable for any additional costs that result from the end consumer failing to take delivery on the date specified in the seller’s correspondence to the buyer, or from an incorrect or inadequate delivery address or instructions. All dates quoted for either despatch or ultimate delivery by the seller are as estimates only and are not to be of the essence of the Contract. Therefore the seller shall not be liable for the consequences of any delay in fulfilling the buyer’s order howsoever caused. Orders accepted by the seller cannot be countermanded, shipments deferred or goods returned except with the consent of the seller and upon terms that will indemnify the seller against all loss, including the profit on the buyer’s order or any part of it which is cancelled.
Unless otherwise specified all prices quoted include the cost of packing and delivery within the UK mainlaind except where the total value of Goods ordered is below £150, in which case carriage charged at cost will be applied. Additional charges will apply to any delivery to an address which is not the previously designated address of the buyer or for requests for specific delivery dates or time slots. These charges will be confirmed following receipt of an order.
6. Title of Goods & Risk.
Although Goods supplied by the seller shall be at the buyer’s risk immediately upon delivery (and the buyer should be insured accordingly) the property in the Goods shall not pass to the buyer until all Goods of the seller’s have been paid for in full. Until such payment the buyer shall have possession of the Goods as Bailee for the seller and if such payment is overdue in whole or part the seller may recover or resell the Goods and the buyer hereby grants the seller an irrevocable right and licence to enter it’s premises for such purposes. If the Goods are incorporated in other Goods, before full payment, the property in the whole of such other Goods shall be transferred. Nothing in this clause shall prejudice the seller’s other rights.
7. Errors in Shipment and Goods lost or damaged.
All claims in respect of errors and/or discrepancies in delivery or for loss and/or damage to a consignment or part thereof must be notified immediately to the delivery driver and to the RichPaw office within 24 hours. It is the responsibility of the customer to ensure every delivery is checked upon receipt, and to advise the transport company and the RichPaw office of any discrepancies. Any claims after this time will not be accepted.
8. Defects after Delivery and Liability.
The seller will make good, by repair or at our option by the provision of replacements, defects that under proper use appear in the Goods within 12 months of delivery and are solely due to poor materials or workmanship. The seller reserves the right to request the return of alleged defective Goods for inspection if required. It is understood by the buyer that the seller’s liability in respect of defective or otherwise unmerchantable Goods shall not at any time extend beyond the actual price paid for such Goods; in particular the seller shall not be liable for any damage to property, nor any consequential loss of whatsoever nature, howsoever caused, arising out of any defect in the Goods or from their failure to correspond to any description or representation, or for their unsuitability for any purpose.
9. Return of Goods.
Should for any reason whatsoever the buyer wish to return Goods to the seller, the buyer must give notice in writing to the seller with details of description, quantity, number of parcels and gross weight together with reason or reasons for requested return. The seller shall, at our option, either issue collection instructions to our carrier or request the buyer to return the Goods carriage paid. In the latter instance should the Goods prove to be defective in workmanship, quality, or merchantability, the seller shall refund the cost of carriage on such defective Goods at seller’s discretion. All Goods returned should be adequately packed and marked “Fragile” etc where applicable and will travel at the risk of the buyer. At no time shall the buyer return any Goods whatsoever without the seller’s prior knowledge and agreement. Goods returned other than due to product faults will be subject to a 20% handling fee payable by the buyer.
10. Force Majeure.
Should delivery of any of the Goods sold be prevented or delayed by happenings or occurences directly or indirectly due to force majeure or any circumstances whatsoever beyond the control of the seller, we reserve the right to cancel or suspend deliveries without any liability of whatsoever nature and howsoever caused by the buyer.
All specifications are correct at time of printing but due to the Company’s policy of constant review and improvement the Company reserves the right to alter any or all of its specifications at any time without prior notice.
The Contract shall be governed and construed by the Law of England.
The seller reserves the right to cease supply of Goods without being required to provide explanation or justification but including if the buyer defaults on any of its commitments or pursues commercial activities, which in the seller’s opinion damages their reputation or market standing.