1.1 These conditions shall be incorporated into all contracts made between Chess Plastics Ltd (“the seller”) and its customers (“the customer”) for the sale of goods.
1.2 The seller contracts only on the basis of these conditions which shall be deemed to be the conditions put forward by the customer.
1.3 If the customer’s printed or other standard terms and conditions are incorporated into any contract with the seller, our conditions shall prevail over any such printed or other standard terms and conditions.
1.4 The placing of an order by the customer shall be deemed to be an acceptance of these conditions.
2. TERMS OF PAYMENT
2.1 The seller’s normal terms of payment applicable to any order are thirty (30) days from the end of the month of invoicing or such other terms as are specifically quoted to the customer in writing. In the event of either party terminating the agreement, immediate payment is required for all outstanding sums due. In any event the seller reserves the right to exert a lien over customer owned tooling until full payment is received.
2.2 Payment shall not be withheld or deferred on account of any claim, counterclaim or set-off.
3.1 Returnable product carriers or containers delivered but not sold are the property of the seller and at seller’s option customer will either return them undamaged freight collect to the destination designated by the seller, or make them available at customer’s premises for collection by or on behalf of the seller in either case within the period specified by the seller.
3.2 The customer agrees to reimburse the seller for the value of any returnable product carriers or containers damaged or not returned within the specified period. The seller’s count and rejection of damaged returnable product carriers and containers shall be accepted as final.
4.1 Except as provided by law no claim of any kind, whether as to goods delivered or for non-delivery of the goods shall be greater in amount than the purchase price of the goods in respect of which such damages are claimed and seller accepts no liability for any indirect or consequential loss or loss of profit.
5.1 The goods will, notwithstanding delivery, remain the property of the seller until the price thereof has been paid in full.
5.2 The customer shall, notwithstanding that property in the goods has not passed, be entitled to sell the goods in the ordinary course of business, until notified to the contrary by the seller or until any of the events set out in 5.4 below have occurred. If the goods are sold by the customer the proceeds of sale up to the amount of the sum due to the seller shall belong to the seller and shall be paid forthwith on the seller’s behalf into a separate bank account opened in the seller’s name.
5.3 The seller shall at any time the price has not been paid in full in accordance with the terms of this contract have the right to give notice to the customer to return the goods. The customer shall thereupon, or if any of the events set out in 5.4 below have occurred, return the goods to the seller. If the customer should fail to return the goods, the seller shall have the right to retake possession of the goods, and, for that purpose, by its servants or agents to enter any premises of the customer where the goods may be. The customer shall be responsible for all cost incurred by the seller in
respect of goods which have been repossessed.
5.4 The events previously referred to are:
(a) any notice to the customer that a Receiver or Manager is to be or has been appointed.
(b) any notice to the customer that a petition to wind-up the customer will be or has been presented or any notice or a resolution to wind-up the customer (excepting for the purpose of amalgamation or reconstruction.)
(c) a decision by the customer that it wishes to make an agreement with its creditors.
(d) any act of bankruptcy as defined by Section 1 of the Bankruptcy Act 1914.
6. DISPUTE RESOLUTION
6.1 Unless contractually specified, all disputes between seller and customer shall be resolved through English law.
TERMS AND CONDITIONS OF PURCHASE
Contained within our standard Purchase Agreement.