Terms and conditions of sale

1. General
   All contracts of sale entered into by us incorporate these conditions so far as such conditions are not yet varied by any special terms or conditions agreed in writing between the parties. Contradictory terms or conditions of the Customer shall be ineffective whether the same are included in the Customer’s order or otherwise. All other terms, conditions, warranties or representations whether express or implied and whether made before or at the time of or after the Customer’s order or instructions and even if contained therein are hereby excluded so far as is permitted under the Sale of Goods Act 1977. The exclusions of liability in these conditions extend to the negligence of ourselves our servants and agents and any loss or damage resulting therefrom.
2. Acceptance and Cancellation
   Any order based on any quotation or estimate shall be an offer subject to these Conditions of Sale and shall not bind us unless and until we have accepted it in writing. Orders which have been accepted cannot be cancelled or suspended by you without our prior agreement in writing.
3. Prices
   All product is sold at the prices quoted in our current price list. We reserve the right to change our price lists without prior notice.
4. Delivery
   All orders are accepted subject to the availability of the product. We shall not be liable to replace any items which are damaged, delivered short or lost in transit unless notified by letter or fax within 24 hours of delivery.
5. Force Majeure
   We may cancel or delay delivery in whole or in part at our option in cases of fire, strikes, lock outs, acts of war, acts of God, restrictions imposed by the Government or in any other event or circumstance beyond our control. We shall incur no liability in respect of any such cancellation or delay.
6. Warranties and exclusions of Liability
   We warrant that the product will at the time of delivery comply in all respects with the requirements of the Food and Drugs Act. Defects of whatsoever kind in any product shall not be grounds for cancellation recision or repudiation by you of the remainder of the contract. Save as provided herein and subject to the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977 we shall be under no liability howsoever arising and whether in contract or tort or otherwise in respect of any defects in the product or for any loss or damage or injury resulting therefrom including consequential loss.
7. Title to Product
   Title in product sold by us shall pass to the Customer only when paid for by the Customer in full. The product shall be kept and identifiable as our property and shall be held by the Customer as bailee only for us until the date of actual payment. If we judge that the amount outstanding from you is in excess of the credit limit which we are prepared to accord to you we or our agents may enter upon the land or building on which the unpaid product is situated for the purpose of removing it. Notwithstanding the foregoing the Customer shall be entitled to sell the unpaid product to a third party as agent for us prior to the date of actual payment and the Customer shall hold on trust for us sufficient of the proceeds of sale to discharge all sums due to us.
8. Insurance and Risk
   The risk in the product sold by us shall pass to the Customer on delivery. We insure the product until then and accept no responsibility for any loss or damage to the product howsoever caused after the risk has passed to the Customer and the Customer should in its own interests insure the same from such time.
9. Payment
   Prices quoted are net of V.A.T. If V.A.T. is imposed on the product this will be added at the rate prevailing at the relevant tax point. All amounts due are payable within the terms specified at invoice. Time for payment is of the essence of the contract. If the customer fails to pay on the due date, we shall be entitled to cancel the contract or suspend further deliveries until payment has been made in full. Interest at 5% above base rate will be charged on all overdue payments.
10. Governing Law
    The proper law of all contracts is English Law and the Customer submits to the jurisdiction of the English Courts.