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INTERPRETATION
In these conditions, unless the context requires otherwise – “Buyer” means the company, firm or person purchasing the goods. “Goods” means the subject matter of the contract. “Order” means a purchase order in respect of the Goods or services issued by the Buyer to the Supplier on the Buyer’s official purchase order form together with other documents referred to it. “Supplier” means VI Distribution Limited; Company No 5504313 whose registered office is at Unit 7 Springvale Business Centre, Millbuck Way, Sandbach, Cheshire, CW11 3HY.
GENERAL
The Supplier’s quotations are not binding on the Supplier and a contract will only come into being upon acceptance by the Supplier of the Order. PRICES The price quoted excludes VAT (unless otherwise stated). VAT will be charged at the rate ruling. Quotes lapse after 30 days – unless otherwise stated. The price quoted excludes delivery and packaging (unless otherwise stated). Where the Goods are sold by reference to the Supplier’s published price list, the price payable for the Goods shall be the ruling price as published in the price list current at the date of dispatch of the Goods from the Supplier’s works.
DELIVERY
The dates of delivery of Goods are approximate only and unless otherwise expressly stated, time is not the essence for delivery or performance. The Supplier will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform.
CARRIAGE CHARGES
All goods are delivered free of charge (unless stated otherwise) within our own van delivery area. Outside this area orders may be charged carriage, please refer to recent delivery charges or ask for a quotation, charges can be subject to change and country.
DAMAGE, SHORTAGE OR LOSS IN TRANSIT
The risk in the Goods passes to the Buyer at the earlier of the following times, namely – (i) the moment the Goods are delivered into the hands of the Buyers carriers, and (ii) the moment when the Goods are delivered to the Buyer at a place which it was agreed delivery would take place. Claims for damage or loss in transit must be advised in writing (otherwise than on the carriers documents) within seven days after the receipt of invoice if the Goods covered on the invoice have not been delivered, or within two days of delivery if damage, pilferage or shortage is revealed upon receipt of the Goods. Where Goods are transported by an independent carrier, claims must comply in all respects with the freight carrier’s conditions of carriage for notifying claims for damage, shortage or loss in transit.
TERMS OF PAYMENT
Subject to credit being approved, accounts are due for payment not later than the end of the month following the month of delivery; otherwise payment must be received by the Supplier before delivery. Failure to pay any invoices in accordance with the foregoing terms, or other terms specifically agreed, shall entitle the Supplier to suspend further deliveries and work on the same order and any other order from the Buyer without prejudice to any other right the Supplier might have. The Supplier also reserves the right to charge interest on overdue accounts at a rate of 5% above Bank of England base rate. Such interest to be calculated on a day to day basis on the amount outstanding.
RETENTION OF TITLE
The title in any Goods will remain with the Supplier until the Buyer has paid for the Goods in full. At any time before title to the Goods passes to the Buyer (whether or not any payment to the Supplier is then overdue or the Buyer is otherwise in breach of any obligation to the Supplier), the Supplier may retake possession of all or any part of the Goods (or authorize others to do so) or require the Buyer to deliver up to the Supplier all or any part of the Goods.
WARRANTY
No warranty as to the fitness of Goods for a particular purpose is given by the Supplier unless intimation that the Goods are to be bought for a particular purpose has been given by the Buyer to the Supplier and the Supplier has accepted such intimation in writing. Before using, the Buyer shall determine the suitability of the Goods for the intended use and the Buyer assumes all risk and liability whatsoever in connection therewith.
RETURNS
The return of Goods is not accepted unless a return is agreed in writing by the Supplier, and the Goods are received in the same condition as when supplied.
FORCE MAJEURE
The Supplier shall not be under any liability to the Buyer for any loss suffered by the Buyer arising from the failure of the Supplier to fulfill its obligations where such failure is due to circumstances outside its control. Examples of those circumstances include, but are not restricted to, acts of God, accident, explosion, war, terrorism, fire, flood transport delays, strikes and other industrial disputes and difficulty in obtaining supplies
LAW OF JURISDICTION
English Law is applicable to any contract made under these terms.
