Terms & Conditions
Attention is drawn to the terms and conditions set out below. They are binding upon all customers and govern the supply of all goods by 4D TEACHING TOOLS hereinafter called “The Company”.
1. DEFINITIONS
a) The “Seller” means 4D TEACHING TOOLS
b) The “Buyer” means the purchaser of the Goods
c) The “Goods” means Goods sold by the Seller to the Buyer including but not limited to those goods for which payment in full has not been received by the Seller.
2. PRICE
Whilst every endeavour is made to honour prices, goods will be invoiced at the current list price at the time of despatch without exception.
3. SETTLEMENT TERMS
a) Unless otherwise expressly agreed in writing by a Director of the Company, all accounts are due for payment 30 days following the date of the invoice.
b) The Company reserves the right to suspend deliveries if payments are not received by the due date.
c) Payment by cheque shall be construed as being received at the time the Company’s bank receive the funds from the Purchasers bankers.
d) The Seller may charge interest at a rate of 2% per month above base rate for the time being of Barclays Bank plc on the amount outstanding on an account from the due date of payment until the actual date of payment and in the event of the account being passed for collection,a collection charge of 5% will be levied on such account in addition to any legal charge payable. All outstanding orders for accounts out for collection will be cancelled without question immediately.
e) Repairs and clearance lines do not qualify for cash discount.
f) Proforma accounts are strictly nett and do not qualify for cash discount.
4. PAYMENT
All cheques must be made payable to 4D TEACHING TOOLS, 75 MILLRIGGS, CORBY HILL CARLISLE CA4 8QR
5. PASSING OF PROPERTY AND RISK
a) The Goods shall be at the Buyer’s risk as from delivery (in accordance with Clause 6a).
b) In spite of delivery having been made property in the Goods shall not pass from
the Company until:-
i) the Buyer shall have paid to the Company the amounts due in full in accordance with Clause 3 and Clause 4; and
ii) no other sums whatsoever shall be due from the Buyer to the Company.
c) Until property in the Goods passes to the Buyer in accordance with Clause 5b the Buyer shall hold the goods and each of them on a fiduciary basis as bailee for the Company. The Buyer shall store the goods at no costs to the Company separately from all other goods in its possession and marked in such a way that they are clearly identified as the Company’s property.
d) Not with standing that the Goods or any of them remain the property of the Company the Buyer may sell or use the Goods in the ordinary course of the Buyer’s business at full market value for the account of the Company. Any such sale or dealing shall be a sale or use of the Company’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Company the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Company and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Company’s money.
e) The Company shall be entitled to recover the Price including VAT notwithstanding that the property in any of the Goods has not passed from the Company to the Buyer.
f) Until such time as property in the Goods passes from the Company the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Company. If the Buyer fails to do so the Company may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under Clause 5d) shall cease.
g) The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Company. Without prejudice to the other rights of the Company, if the Buyer does so all sums whatever owing by the Buyer to the Company shall forthwith become due and payable.
h) The Buyer shall insure and keep insured the Goods to the full price against “all risks” to the reasonable satisfaction of the Company from the time of delivery of the Goods in accordance with Clause 6, and shall whenever requested by the Company produce a copy of the policy of insurance. Without prejudice to the other rights of the Company if the Buyer fails to do so all sums whatever owing by the Buyer to the Company shall forthwith become due and payable.
6. DELIVERY
a) Delivery shall take place when the goods are delivered to the Buyer’s premises.
b) Any delivery date requested by the Buyer or estimated by the Company are approximate
only and time of delivery shall not be of the essence. The Company will use its reasonable
endeavour to deliver in accordance with the delivery schedule but shall not be liable
for delays in the delivery or non-
c) On notification by the Company that the Goods are ready for despatch, the Buyer shall accept immediate delivery, failing which the Company:
i) may either effect delivery by whatever means it thinks most appropriate or arrange storage at the buyer’s risk and expenses pending delivery: and
ii) may at any time re-
d) The Company shall be entitled to deliver the Goods by installments and in such case each installment shall constitute a separate contract and any failure or defect in delivery of any one or more installments shall not entitle the Buyer to repudiate the contract as whole nor to cancel any subsequent installments.