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Terms and Conditions of Sale
1. Definitions
Buyer: means the person who agrees to buy the goods from the Seller.
Conditions: means the terms and conditions of sale set out in this document and any special terms agreed in writing by the seller.
Delivery Date: means the date specified by the seller when the goods are to be delivered.
Goods: means the articles which the Buyer agrees to buy from the seller.
Price: means the price for the goods excluding carriage, packing, insurance and VAT.
Sellers: means BTM Trading Limited.
2. Conditions Applicable
These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions, whether oral or in writing, except as specifically contained in these Conditions. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions. Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these conditions. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the seller.
3. The Price and Payment
The price shall be the price set out in the Seller's invoice. The price is exclusive of VAT that shall be due at the rate ruling on the date of the seller's invoice. Payment of the price and VAT shall be due within 30 days of the date of the invoice. V.A.T and other taxes as may be imposed are not included in this quotation, and are extra thereto. The Buyer shall be liable for all costs incurred by the Seller in collection in monies in respect of the overdue invoices. The Seller reserves the right to change the terms of the Buyer's credit and to provide for payment on delivery. All prices quoted are those ruling at the date of quotation and/or for the period for which this quotation is stated to be valid, and are for current stocks held and remaining unsold at the date of your written order. Interest on overdue invoices shall accrue daily from when payment becomes due until the date of payment, at a rate of 4% per annum above HSBC Bank's base rate in force from time to time. Interest shall accrue at such a rate after, as well as before, any judgement.
4. All natural materials supplied are subject to their natural marking, veinings, variations in colour, cracks and vents. These are supplied cramped, stopped or reinforced where necessary, and no claim can be made on this account.
5. When samples have been submitted, exact resemblances cannot be guaranteed between the product supplied and the samples.
6. Any descriptions of materials offered are guidance only, and do not imply suitability for any particular purpose.
7. All thicknesses quoted are nominal, and no liability is accepted for reasonable variations of whatsoever nature.
8. We agree to accept the return of any goods delivered within three days, at the expense of the purchaser, provided the goods are undamaged. These goods must be uncut, nor worked in any other way. We will give credit to the purchaser for the value of such goods accepted, subject to a handling charge of 15% without any liability for any consequential loss to the purchaser whatsoever. Overhead costs to any special order.
9. No representations, warranties or conditions are given as to the quality of the goods supplied, or as to their fitness for any purpose of job or use which the purchaser intends for the goods supplied. The purchaser should inspect the goods themselves, and satisfy themselves thereby that they are of the quality and suitability for the purposes for which they intend to use them.
10. The risk in all goods supplied shall pass to the purchaser upon completion of the loading of the same, prior to the roping-up and securing, and the seller shall thereafter have no responsibility in respect of the safety or otherwise of the goods. The purchaser shall insure the goods against all risks (as they see fit).
11. All materials supplied remain the property of the company until full and final payment has been acknowledged.
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