Goods supplied in accordance with the contract cannot be returned without the prior written permission of the Company, Duly authorised returns shall be sent to the Company’s Premises at the Buyer’s expense.
the Goods shall remain the property of the Company until payment due under all contracts between the parties has been made in full and unconditionally or until resale of the Goods by the Buyer bona fide in the ordinary course of its business and at full market price and the Buyer shall sell as principal only. whilst the ownership of the Company continues the Buyer shall keep the Goods separate and identifiable from all other goods in its possession.
IF the Buyer shall fail to accept the Goods or any installment or part installment thereof or shall fail to pay any sum due to the Company at the proper time or make default in or commit any breach of any other obligation or it any distress or execution shall be levied on the Buyer’s property or assets or if the Buyer shall make or offer to make any arrangement or composition with his creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or (if the Buyer is a company) if any Resolution or Petition to wind up such company shall be passed or presented or if a Receiver of the whole or any part of such company’s undertaking property or assets shall be appointed. the Company in its discretion and without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every contract between the Company and the Buyer or may (without prejudice to the Company s right subsequently to determine the contract for the same cause should it so decide) by notice in writing suspend further deliveries of Goods until any defaults by the Buyer be remedied.
The liability of the Company to the Buyer for any loss or damage of whatsoever nature and howsoever caused shall be limited to and in no circumstances shall exceed the price of the Goods or, where the Goods are delivered in installments, the price of the Goods in the relative installments.
The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing obtaining or delivering the Goods by normal route or means of delivery through any circumstances beyond its control including but not limited to strikes lock-outs accidents war fire reduction in or unavailability of power at manufacturing plant. breakdown or from normal source of supply.
Save as provided in Conditions 12 and 14 hereof contracts may not be cancelled except by agreement in writing of both parties and upon the payment to the Company of such amount as may be necessary to indemnify the Company against all loss resulting from the said cancellation.
The Company may but the Buyer shall not assign the contract between the Company and the Buyer for final sale of goods or sub-contract the whole or any part thereof to any person firm or company.
Goods sold by the Company to the Buyer are for the sole use or consumption of the Buyer and the Buyer shall not re-sell the Goods to any third party without the prior written consent of the Company provided that the Buyer may convert the Goods into or incorporate the Goods in other products for resale by the Buyer.
The headings in these Conditions are intended for reference only and shall not affect their construction.
The contract shall in all respects be governed by English Law and shall be deemed to have been made in England.
ALL disputes arising in connection with this Agreement shall be referred to arbitration under the provisions of the Arbitration Acts 1950-1979 or any statutory modification or re-enactment thereof by a sole arbitrator to be appointed (in default of agreement) at the request of either party by the President for the time being if the Manchester Chamber of Commerce and Industry.