Terms & Conditions
The terms and conditions of this contact shall be governed by the Law of Scotland and the parties hereby agree to the non-exclusive jurisdiction of the Scottish Courts.
1. The following expressions shall have the meanings ascribed to them where they occur in the Conditions of Contract.
a. “conditions of contract” shall mean the term and conditions herein together with any agreed variation thereof in writing.
b. “date of supply” shall mean the date on which the goods are dispatched by ourselves to the customer
c. “date of contract” shall mean the date of confirmation of the order received from the customer in respect of the goods.
d. “the suppliers” means ERIBÉ Knitwear Ltd. or their sub-contractors or agents
e. “the customer” means the individual firm (including the individual partners thereof) or company identified – the confirmation of order.
2. The customer shall be bound by these conditions of contract which he accepts forms the conditions of supply and sale of the goods and materials ordered.
3. All prices and quotations are based on the circumstances ruling at the date of this contract and may be subject to alteration. The suppliers reserve the right to make alterations to the prices quoted and charge the customer for increases due to increase in supply costs arising from and after the date of quotation.
4. Every effort will be made by the suppliers to meet the delivery dates but these are approximate only and cannot be guaranteed. No responsibility is accepted by the suppliers nor is any liability accepted for any loss which may arise through late delivery or completion after the estimated date.
5. Unless otherwise agreed payment terms are strictly NETT 30 Days from date of invoice.
In respect of the supply, invoices will be issued upon delivery of goods and payment will be due and must be made within the agreed terms. In the event of the contract price or any part thereof of remaining outstanding for a period beyond the agreed terms the suppliers shall be entitled to charge interest on the balance remaining outstanding at the rate of eight per cent per annum above the base lending rate for the time being of the Royal Bank of Scotland plc until final settlement and that notwithstanding the terms of any dispute which may have arisen in the terms of these conditions.
The property in and the title to all goods and materials supplied under this contract shall remain with the suppliers and shall not pass to the customer until all sums due by the customer to the suppliers either in terms of this contract or otherwise are settled in full including interest due and payable as a result of late payment of the contract price. In the event of the customer re-selling the goods and materials supplied to a third party prior to property and title passing to them in terms of this contract, the proceeds of such sale shall belong to and be attachable by the suppliers in the hands of the customers or their nominees, agents or representatives whomsoever. In the event of non-payment by the customer in terms of this contract the suppliers shall be entitled at their sole option to uplift and remove the goods and materials supplied under this contract from the customer and the customer shall be responsible for all reasonable costs and expenses incurred by the suppliers in enforcement of this provision.
6. The suppliers reserve the right to terminate this contract in the event of the customer becoming insolvent, being sequestrated or granting a Trust Deed for behalf of creditors or in the event of a limited company being put into liquidation, receivership or administration.
7. These conditions of contract supersede all previous arrangements, agreements, covenants, warranties and undertakings, written or oral, and will constitute an entire agreement between the parties. No alterations or modification of the terms of contract shall be binding on the suppliers unless made in writing and signed by one of the proprietors or directors of the suppliers.
8. If during the period of two months from the date of completion of the contract any article delivered by the suppliers if found to be defective due to faulty workmanship or materials or by any default or neglect in the completion of the contract and all warranties or conditions statutory or otherwise are hereby expressly excluded in the event of the goods and materials supplied under this contract being delivered in a damaged condition or the non-delivery of any part of the goods or materials supplied the suppliers will repair or replace at their option the same free of charge provided that the customer notifies the suppliers in writing within five days of the date of delivery. Except as aforesaid, the suppliers accept no responsibility whatsoever for goods and materials supplied and any other warranties, statutory or otherwise, are expressly excluded.
If you have any questions regarding the Trade Terms & Conditions of Contract please contact firstname.lastname@example.org or call +44 (0)1896 755540.