Your terms and conditions of Sale In these terms the Seller shall mean Visual UK Ltd. The Buyer shall mean any or all of the persons in whose name the goods are ordered or invoiced.
1.1. The Seller will use its best endeavours to deliver products by the dates quoted, but such dates shall be treated as approximate only and not as a term of the contract.
1.2. The Seller shall not be liable for any loss, damage, injury or expense either direct or indirect and including but not limited to loss of profit or liability to third parties, whichmay be suffered by the Buyer by reason of late delivery of the goods from whatsoever cause, such late delivery may arise.
1.3. The Seller shall not be obliged to fulfil orders in the sequence in which they are placed or accepted.
2.1. When ordering, the Buyer should state explicitly the method of shipment preferred and by what type of carrier. In the absence of shipping directions, the Seller will usediscretion in forwarding the goods.
2.2. The Seller assumes no responsibilities for placing of valuation upon shipment unless specifically requested to do so by the buyer.
3.1. All prices are exclusive of carriage, unless otherwise specified.
3.2. The Seller reserves the right to vary its prices without notice to the Buyer and the price payable by the Buyer shall be the price ruling at the date of delivery.
3.3. If. after the date of this order and before delivery of the goods to the Buyer, the Seller’s recommended price for any of the goods shall be altered, the increase in price shall be added to and become part of the contract price together with any related increase in Value Added Tax.
3.4. Not withstanding any sum for Value Added Tax specified in the order, the sum payable by the Buyer in respect thereof shall be such sum, as the Seller must pay at the time of the taxable supply of the goods.
4.1. Unless otherwise agreed in writing between the Seller and the Buyer, the Buyer shall pay all invoices in full on or before the 30th day of the invoice date.4.2. When deliveries are spread over a period, each consignment will be despatched and each notice will be treated as a separate account and payable accordingly.
4.3. The Seller reserves the right to charge interest on overdue accounts at the rate of 2% per month to run from the date of payment until receipt by the Seller, such interest to continue before and after judgement until payment.
5.1. In the event of goods being returned, the Buyer must obtain consent from our Norwich office.
5.2. The Seller shall be under no obligation to give credit for goods correctly supplied and/or specially ordered by the Buyer.
5.3. The Seller reserves the right to levy a 20% restocking charge on any goods returned for credit.
5.4. No credit will be given by the Seller in respect of delivery, postage or transit charges levied by the Seller, or incurred by the Buyer.
5.5. Goods incorrectly supplied by the Seller may be returned to the Seller for credit of the Buyer provided that the goods are returned within seven days of delivery provided they are unused and undamaged and in the same condition as when delivered to the Buyer.
6. Damage/loss in transit
No claim for damage in transit, shortage of delivery or loss of goods will be considered unless notice in writing is given to both the Seller and Carrier within seven days ofreceipt of the goods.
In the event of goods described in the order becoming unavailable, for whatever reason, the Seller may (whether the estimated delivery date has arrived or not) by notice inwriting to the Buyer, cancel the contract. In such event any deposit paid shall be refunded to the Buyer.
Specifications quoted by the Seller must be treated as approximate only and the Seller reserves the right to amend without notice at any time prior to delivery, thespecifications, material and/or process of manufacture of its products.
9.1. The risk in the products will pass to the Buyer when they reach the destination nominated by the Buyer and before unloading.
10.1. All claims must be made within seven days
10.2. No order may be cancelled unless the Seller gives consent in writing to such cancellation.
10.3. The buyer will indemnify the Seller against all loss incurred by or as a result of cancellation, such loss to include any costs of freight and storage.
11. Instalment Costs
At the option of the Seller, products sold to the Buyer may be delivered in two or more instalments and, in the event, each instalment shall be deemed to form a separate contact and failure to deliver or defective delivery of an one instalment shall not constitute a breach of contract in respect of other instalments.
12.1. Samples, if any, submitted and/or the material covered hereby represent the material the seller believes to be a suitable material for the application based on information furnished. The Sellers products are sold with the understanding the Buyer will test them in actual use and determine the products adaptability to its intended use/s. Material ordered based on sample submitted will correspond with the sample in quality.
12.2. The Seller warrants to the Buyer that its products are free from defect in material and workmanship but limits its obligation under warranty to replacement of the product shown, within thirty days of receipt, to the seller’s satisfaction to have been defective at the time of delivery.
With the exception of the terms and conditions herein contained, any express or implied condition, statement or warranty, statutory or otherwise shall not be binding on us.Under no circumstances will the Seller be liable for any loss, damage, expense or consequential damages of any kind arising in connection with the use or inability to use its products.
Prices in relation to a given quantity apply only to a continuous production run of that quantity unless specifically otherwise stated, such continuous run being at our discretion. When quantities are reduced to shipping instructions, which necessitate runs of lesser quantities, the price applicable to the lesser quantity shall apply. If a lesser quantity is not covered by quotation, an adjustment of price shall be made under formula regularly used by us.
15. Reservation of Title
If this contract provides for the supply of goods in Scotland:15.1. Property in goods supplied by the Seller under this contact will not pass the Buyer until the Seller receives payment in full for such goods. If this contract provides for the supply of goods in any part of the United Kingdom other than Scotland:
15.2. Property in goods supplied by the Seller under this Contract will pass to the Buyer only when the Buyer has paid in full all sums owing from the Buyer to the Seller (under this or any other contract) at the date on which full payment is received for goods supplied under this contract.
15.3. The Buyer shall be entitled to sell in the ordinary course of business as agent for the Seller any goods in his possession, which under the terms of sub clause 14.2 hereof,remain the property of the Seller for the proceeds of such sales.
15.4. Upon being required to account by the Seller under sub-clause 14.3 hereof, the Buyer shall fore with pay to the Seller the proceeds of sale do not at the date of payment to the Seller exceed the sum then owing by the Buyer to the Seller under this or any other contract.
16. This document contains the whole terms of the contract and no alteration or variation of the terms of the contract shall be valid unless agreed and made in writing by an authorised officer of the seller, and no waiver or any breach by either party of the terms of the contract shall prejudice the Seller’s strict legal rights hereunder. In the event of any conflict between these terms and any other terms or conditions these terms will prevail.