1. All goods sold by Complete Beverage Solutions Ltd (hereinafter called 'the Company') are sold subject to these conditions.
2. Quotations and Prices
"All quotations of price (whether written or oral) are subject to withdrawal or amendment by the Company at any time prior to receipt by the Company of any acceptance and thereafter are subject to correction of errors at any time.
If the Company has not received an acceptance within 30 days of the date of quotation, the quotation will be deemed to have lapsed.
The prices quoted by the Company's Representative are subject to stock availability and whilst every endeavour will be made to supply at quoted prices, the Company reserves the right to revise prices without prior notice. In particular, should an increase occur in the cost of labour, materials, transport and all or any other direct costs between the date of quotation and despatch of goods, the Company reserves the right to adjust the contract price accordingly."
"Payment for goods supplied under the contract shall be made in full twenty-one days after date of invoice.
Cheques and Postal Orders should be made payable to the Company and crossed 'and Co'; notes and cash sent by post must be registered. The Company cannot accept responsibility for lost remittances. Interest will be charged at 1.5% per month on all items not settled one month after due date and every month or part thereafter."
The Company will endeavour to deliver the goods without delay and to comply with reasonable delivery instructions; but any specified time of delivery, shall not be of the essence of the contract and the Company shall not be liable for late delivery howsoever caused nor shall such failure to deliver be deemed a breach of any contract."
The Company will endeavour to deliver the goods without delay and to comply with reasonable delivery instructions; but any specified time of delivery, shall not be of the essence of the contract and the Company shall not be liable for late delivery howsoever caused nor shall such failure to deliver be deemed a breach of any contract.
Title in the goods shall only pass from the Company to the Customer upon full payment by the Customer to the Company for all goods sold under the Contract. In the event of delivery by instalment, title in the goods delivered in that instalment shall only pass to the Customer upon full payment being made to the Company for the full value of the invoice for that instalment. Whilst in accordance with this condition, goods delivered to the Customer remain the property of the Company, the Customer shall accept responsibility for the safe custody, protection and reservation thereof including insurance, and immediately upon the goods coming into the possession of the Customer or its Agents and pending payment of the full invoice value, shall be liable to indemnify the Company in respect of all loss or damage of whatsoever nature affecting the goods.
6. Cancellation by the Company
"If the Customer shall fail to make payment when due or enters into any arrangement with its creditors, or being an incorporated Company shall have a receiver appointed or shall pass a resolution for winding up or a court shall make an order to that effect; or if, being an unincorporated Company, shall have a receiving order made against it, or if there be any breach by the customer of any of the terms and conditions herein (or, in the case of Special Print Orders, of any of the Special Print Orders Terms and Conditions) the Company may defer or cancel any further deliveries and treat the contract as determined without prejudice to its rights to the unpaid purchase price of the goods delivered and to damages for any loss suffered in consequence thereof and to any interest outstanding.
The Company reserves the right to cancel or reduce any order or being unable for any reason, to execute the whole or part thereof."
"No claim shall be entertained by the Company unless received by the Company in writing. Claims arising from damage or partial loss in transit must reach the Company within three days from the date of delivery. Claims for non-delivery must reach the Company within seven days from date of despatch. All other claims must reach the Company within seven days.
Damaged goods must be retained for inspection/collection."
Subject to the Unfair Contract Terms Act 1977 and the 'requirement of reasonableness' therein, in the event of any claim against the Company in respect of any matter whatsoever, the liability (if any) of the Company shall be limited to the replacement of the goods sold by the Company in respect of which the liability (if any) arises only, and under no circumstances shall the Company be liable to the Customer or any other party for any consequential loss or damage whatsoever.
9. Force Majeure
Every effort will be made to carry out the contract but its due performance is subject to cancellation by the Company and to such variations as the Company may find necessary as a result of inability to secure labour, materials or supplies as a result of any Act of God, strike, lock-out, other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond the Company’s control. The Company shall be under no liability for failures, variations and delays attributable to causes beyond its control.
10. Other Conditions of Sale
By ordering any goods from the Company, the customer will be deemed to have accepted that these Conditions take precedence over any other conditions contained on or in any letter, acceptance form, receipt or the like received by the Company in connection with the goods so ordered, and that any such other condition will not form part of the contract between the Company and the Company for the sale of such goods. For the avoidance of doubt, it is here reiterated that in the case of Special Print Orders additional terms and conditions apply.
11. Proper Law
The conditions and all quotations, offers and acceptances shall be governed by and construed according to English Law.
Issue 5: March 2015