Tolchards Wine Brochure 2023 - Magazine - Page 160
1. CONTRACTS
5. DELIVERY
All orders are accepted
subject to these conditions
to the exclusion of all other
terms and conditions (including
any terms or conditions which
the Buyer purports to apply under
any purchase order, confirmation
of order, specification or other
document). No order shall be
binding unless confirmed by
us on our Acknowledgement
of Order form which shall set out
the quantity of the goods to be
delivered under our contract with
you. It is deemed that all Retention
to Title clauses (No.10) have been
agreed expressly prior to the issue
of the Acknowledgement
of Order Form.
Unless otherwise agreed in
writing, delivery of the goods shall
take place at the Buyer’s place of
business. Any dates specified by
us for delivery of the goods are
intended to be an estimate and
time or delivery shall not be made
of the essence. Any liability for
non-delivery of the goods shall
be limited to replacing the
goods within a reasonable time
or issuing a credit note at the
pro rata contract rate against
any invoice raised for such goods.
2. QUOTATIONS
All quotations are subject to
withdrawal or amendment by
us at any time prior to actual
receipt by us of an order for
goods referred to therein. Clerical
errors are subject to correction.
3. PRICES
The price(s) are given in
good faith and are those ruling
at this date. All prices are
subject to market fluctuations
and revision and actual price(s)
to be paid by the Buyer shall
be the Sellers price ruling
at date of dispatch.
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TERMS AND
CONDITIONS
Tolchards
(i)
Where an order is received
for a quantity less than quoted
for or where delivery is required
in instalments smaller than
those specified in the quotation,
prices will be subject
to an increase.
(ii)
Unless otherwise
agreed or shown, the price(s)
excludes delivery.
(iii)
(iiii) All prices may be
subject to budget increases
by time of publication.
4. INSTALMENTS
Unless goods are ordered
for delivery by instalments,
each instalment shall be deemed
to be a separate contract unless
otherwise agreed in writing.
6. DELIVERY
If we deliver to the Buyer
a quantity of goods of up to
10% more or less than the quantity
ordered, the Buyer shall not be
entitled to object to or reject the
goods or any of them by reason
of the surplus or shortfall and
shall pay for such goods at the
pro rata contract rate.
7. PAYMENT
Subject to satisfactory
references being given, payment
to be made within 30 days of
the date of collection or delivery;
otherwise payment to be made
against proforma invoice.
No discounts or other
deductions will be allowed
unless otherwise agreed
on an order.
(i)
If payment is not so made
the Seller may without prejudice
to any other of its rights under
these conditions charge interest
on the amount of the price then
outstanding at a rate of 3% per
annum above the Base Rate of
Clydesdale Bank PLC accruing
on a daily basis until payment
is made, whether before or
after any judgment.
(ii)
(iii) If payment is not so made
by the due date the Seller shall
be entitled to suspend deliveries,
collections and by notice in
writing to the Buyer to cancel
all future orders but without
prejudice to any rights which
have been accrued to the seller
prior to such notice.
