Conditions of Sale
Redbacks Cushioning Ltd Conditions of Sale
These conditions of sale shall apply to all contracts made between Redbacks Cushioning Ltd (the Company) and any Purchaser of the Company’s products (Goods). The Purchaser agrees that any conditions which appear or are referred to on any document emanating from the Purchaser shall not apply to any Contracts with the Company.
- Unfair Contracts Terms
The Company has drawn up these conditions of sale in the light of the Unfair Contract Terms Act 1977 and considers them to be fair and reasonable and its prices are based on Contracts made on these conditions. Unless the Purchaser informs the Company in writing to the contrary before any contract is made he will be deemed to have accepted that these conditions are fair and reasonable.
- Formation of Contract
No binding Contract shall be formed until the Company’s written acceptance of an Order or the Company has indicated acceptance of an Order by making delivery or part delivery of the Goods.
- Variation of Contract
No alteration to these conditions shall be binding on the Company unless agreed in writing by a Director of the Company.
The price of the Goods will be as set out in the quotation we provided to you or, if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing. Unless otherwise indicated, these prices exclude delivery costs, which will be added to the total amount due. All prices are subject to VAT at the appropriate rate.
- New Accounts
Prospective customers wishing to open a credit account are requested to furnish two trade references and one banker’s reference. Until the opening of a credit account has been confirmed a remittance should accompany the order, otherwise delivery may not be made until after the references have proved acceptable.
Orders received from the Purchaser are subject to these Terms and Conditions. The Company is free to accept or decline an order at its absolute discretion. A Purchase Order must be submitted with every order.
Unless the Purchaser shall notify the Financial Director of the Company in writing of any query or objection within 7 days from the date of the invoice, such invoice shall be deemed to be correct in all respects.
- Acceptance and Fulfilment
The Purchaser shall inspect the Goods on delivery and shall within 3 working days of delivery notify the Financial Director of the Company of any alleged defect, shortage of quantity or damage. If the Purchaser shall fail to comply with these provisions the goods shall be conclusively presumed to be in accordance with the Contract. The Purchaser shall notify the Company of any non-delivery within seven days of the invoice date. The Company’s liability to the Purchaser, whether for breach of contract or otherwise, shall not in any event exceed the Contract price and the Company shall be under no liability for any direct or indirect loss suffered by the Purchaser.
- Terms of Payment
Invoices will be dated on the day of despatch of Goods from the Company. The Purchaser shall pay the invoiced price for all goods and charges in cleared monies within 28 days of the invoice date, or in accordance with other such terms of payment as may have been agreed in writing between him and the Financial Director of the Company from time to time. Time shall be of the essence on all matters of payment. The Company reserves the right to refuse credit at any time and demand immediate payment of all monies outstanding. The Company reserves the right to charge interest on any late payment from the date of invoice until payment. The rate of interest shall be 4% per annum above the Bank of England base lending rate from time to time in force. The Company can exercise this right in addition to any other rights it may have in respect of the Goods.
- Title and Risk
The Goods will be the responsibility of the Purchaser from the time of delivery. Ownership of the Goods will only pass to the Purchaser when the Company receives payment of all sums due for the Goods, including delivery charges and interest.
- The Company’s Right to Repossess the Goods
If the Purchaser defaults in making any payment to the Company after the due date for any such payment, or the Purchaser is made bankrupt, enters into liquidation or an administrator or receiver is appointed any existing contract between the Company and the Purchaser shall automatically determine (but without prejudice to any pre-existing claim, including payment, which the Company may have against the Purchaser) the Company shall be entitled to enter the premises of the Purchaser and recover immediate possession of all goods which are the property of the Company and shall not be liable for any damage or loss reasonably occasioned to any other property owned by Purchaser to which the goods may have been attached during the course of removing the goods and retaking possession thereof.
The Purchaser may not transfer any of his rights or obligations under these Terms to another person without the prior written consent of the Company. The Company can transfer all or any of its rights and obligations under these Terms to another organisation, but this will not affect the rights of the Purchaser under these Terms.
- Force Majeure
The Company will not be held not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control (Force Majeure). Such events include, but are not limited to, industrial action, failure of its suppliers, riot, war, civil unrest, fire, explosion, earthquake, flooding, disruption of means of transport, disruption of communications or pandemic.
- Legal Jurisdiction
These Terms shall be governed by English Law.