- Conditions of Sale
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OZOFRESH CONDITIONS OF SALE
Definitions
Goods-All articles and services sold to you including replacements for defective goods licensed for use by you. Contract-The contract between us for the sale and marketing of goods.
General Conditions
No variations to these conditions of sale are permitted unless expressly authorised in writing by one of our Directors. No other person is authorised to accept, confirm or vary any order nor make any representation, promise or warranty on our behalf All orders accepted by us are subject to and in accordance with these terms and conditions, which apply in preference to and supersede any terms and conditions referred to, offered or relied on by you whether in negotiation or at any stage in the dealings between us with reference to the goods to which the order relates. Without prejudice to the generality of the foregoing, we will not be bound by any standard or printed terms furnished by you in any of your documents. Any advice or recommendation given by us or our employees as to the storage, application or use of the goods which is not confirmed in writing by one of our Directors is followed or acted upon entirely at your own risk, and accordingly, we shall not be liable for any such advice or recommendation which is not so confirmed.
Value Added Tax
All prices and charges quoted and any associated fees are exclusive of Value Added Tax, which will be added in accordance with prevailing legislation.
Documentation
Single invoices are rendered.
Guarantee
Any defects which under proper use appear in the goods within a period of twelve months (or unless otherwise stated) after delivery and which are due to faulty materials, workmanship or design will be made good by us either by repair or, at our option, replacement provided that the goods or the defective parts thereof are returned to us, carriage paid and suitably packaged, within the twelve month period, together with a claim in writing which specifies the date of purchase. No goods can be returned for credit unless previously agreed with us.
Payment terms
Settlement is due fifteen (15) days from the date of invoice without any deductions whatsoever. If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:
(a) Cancel the order or suspend any further deliveries to you
(b) Appropriate any payment made by you to such of the goods (or the goods under any order between us) as we may think fit (notwithstanding any purported appropriation by you): and
(c) Charge you interest (both before and after any judgement) on the amount unpaid, at the rate of 5% per annum above the Bank base rate from time to time until payment in full is made (a part of a month being treated as a full month for the purposes of calculating interest).
(d) Invoicing under these conditions of sale shall be £ Sterling.
New Clients
All goods are supplied on a Pro-forma basis for two Months, thereafter on a 50% payment upon receipt of order and the remainder payable on thirty days for a further two months. Normal credit terms apply after this period. (see payment terms above)
Property
The property in the goods shall not pass to you until all sums due or owing to us by you on any account have been paid, and until payment the following paragraph shall apply. Except where full payment is made in cash. The whole of the price shall not be treated as paid until any cheque or other instrument of payment given by you is honoured in accordance with its terms. If you default in the punctual payments of any sum owing to us then we shall be entitled to the immediate return of all goods sold by us to you in which the property has not passed to you, and you hereby irrevocably authorise us and our employees and agents to recover the goods and to enter any of your premises for that purpose. Demand for or recovery of the goods by us shall not of itself discharge either your liability to pay the whole of the price and take delivery of the goods or our right to sue for the whole price.
Lien
We shall have a general lien in respect of all sums due from you upon all goods to be supplied to you or upon which work has been done on your behalf and upon fourteen days written notice to you, may sell such goods and apply the proceeds towards the satisfaction of the sums due to us.
THESE TERMS AND CONDITIONS SUPERCEDE ALL PREVIOUS TERMS AND CONDITIONS MAY 2003
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