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1. All goods sold by Barrier Healthcare Ltd (‘BHL’) are subject to the following conditions, which shall apply to the exclusion of any conditions of order or purchase of the customer or any other standards, specification or particulars of or adopted by the customer. No amendments, alterations or attempt to override these conditions shall be binding on BHL unless agreed, in writing, by a director of BHL.
2. Subject to credit being approved and unless otherwise expressly agreed by BHL, in writing, accounts are due for payment 30 days net monthly for date of the invoice. Time shall be of the essence for such payment. If credit is not extended payment must be received in full by BHL before delivery.
3. Prices quoted are net, and are exclusive of VAT. When VAT is applied it will be at the appropriate rate.
4. Where deliveries are spread over a period each consignment will be invoiced as despatched and each month’s invoices will be treated as a separate account and payable accordingly. Failure to pay for any goods or for any delivery or instalment shall entitle BHL to suspend further deliveries on the same order or any order without prejudice to any other rights BHL may have. BHL reserves the right to charge interest on overdue accounts at the rate of 2% per month.
5. All accounts must be paid for in full. Any charges deducted from payments either by the customers bank or other financial institution shall be payable in full by the customer. BHL shall not accept any entitlement howsoever arising by the customer to set off any claim against monies due to the customer by BHL.
6. Goods will be invoiced at the price ruling at the date of order except if otherwise agreed in writing. All prices and quotations are subject to amendment or withdrawal by BHL at any time prior to actual receipt of an order for goods referred to therein. Clerical errors are subject to correction.
7. Queries against invoices must be lodged in writing within seven days of receipt. Credit for later claims may not be granted.
8. Orders will remain valid and binding notwithstanding delay in delivery. BHL will not be liable for any delay in delivery or failure to delivery.
9. Delivery will be by transport of BHL’s choice. If the customer requests special delivery arrangements these will be charged at the appropriate rate
10. In no circumstance shall BHL be liable for any consequential loss suffered by the customer whether as a result of breach of contract on the part of BHL or otherwise
11. Claims for non delivery must be notified to BHL in writing if goods are not received on the due delivery date and no reason has been given for the delay by the hauler or BHL. Claims for any damage or part delivery must be notified to BHL within 24 hours of receipt of foods. No liability is accepted by BHL for any claims that do not follow the above procedure and failure to amend the relevant delivery documents accordingly.
12. The risk of loss or damage to goods passes to the customer on delivery to the customer’s premises.
13. Title of Goods: Legal and equitable ownership of goods shall remain with BHL until payment of all sums due to BHL from the customer on any accounts whatsoever have been received in full. At any time prior to full payment (whether or not payment if then overdue) BHL may, without prejudice to any other rights, retake possession of the goods or any part thereof and may enter the customers premises by its employees or agents for that purpose.
14. The customer has the right to sell the goods in the course of his business for the account of BHL, but any conditions warranties or representation given or made by the customer to a third party shall not be binding on BHL who shall be indemnified by the customer with respect thereto and to pass good title to the goods to this customer being a bono fide purchaser for the value without notice of BHL’s rights. In the event of such re-sale the customer has a fiduciary duty to BHL for the proceeds but may retain there from any excess of such proceeds over the amount outstanding under this or any other sale contract between them. BHL has the additional right to recover the customer’s price directly for the customer’s customer to the extent unpaid. If BHL avails itself of such right BHL will account to the customer for any excesses as aforesaid less any expenses incurred by BHL in respect of such recovery.
15. BHL reserves the right to alter the specification of any products it manufactures.
16. Returns: Any goods requiring to be returned to BHL can only be returned with the express agreement of BHL. Failure to comply with this procedure may result in a delay in credit being issued or not at all. BHL will offer customers a full refund as long as the returned goods are received in a re salable condition and packaging not damaged. In the case of customer order error any refund will be subject to both delivery and/or collection charged being deducted
17. 17. Force Majeure: BHL shall have the right to cancel or delay deliveries or reduce the quantity of goods delivered and shall under no circumstances be responsible for failure or delay in performing or fulfilling any contract or otherwise failing to implement its obligations to the customer if such failure or delay shall be due to any cause or circumstances beyond the control of BHL.
18. BHL shall not be liable to the customer
a) For defects in any goods provided caused by the act of neglect or default of the customer or any third party.
b) For any other defects in goods not falling within paragraph (a) of this clause unless notified to BHL within 30 days of delivery of the goods except in the case of a latent defect where BHL shall not be liable unless such defect is notified to BHL within 10 days of the customer being aware of such defect.
19. BHL aggregate liability in respect of any occurrence or series of occurrences to the customer whether for negligence, breach of contract or otherwise shall in no circumstances exceed the cost of goods in respect of which the claim arises.
20. Termination: BHL may, without prejudice to any of its rights, stop any goods in transit and/or suspend further deliveries and further provision of services and/or by giving notice in writing to the customer, determine the contract:
a) If the customer enters into a ‘Trust Deed’ for its or his creditors or a Deed of Arrangement or commits an act of bankruptcy or become insolvent or compounds with its creditors; or
b) If (being a company) an order is made or a resolution is passed of the winding up of the customer;
c) If a Receiver is appointed over any of the customer’s assets or undertaking; or
d) If the customer takes or suffers analogous action or proceeding under foreign law in consequence of debt or commits any breach of this or any other contract between BHL and the customer; or
e) If the customer fails to pay any sum on the date or in other manner whatsoever breaches that or any other contract with BHL.
21. Definition: Any reference herein the singular shall, where the context so admits be contracted to include both the male and female gender and the plural as well as the singular and all trading styles howsoever formed.
Submission to English Law: Any dispute to the interpretation of these Conditions of Sale shall be subject to English Law and the customer submits to the exclusive jurisdiction of the English Courts.