Tolchards Wine Brochure 2023 - Magazine - Page 266
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
TERMS AND
CONDITIONS
(i) 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.
(ii) 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.
(iii) Unless otherwise
agreed or shown, the price(s)
excludes delivery.
(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.
(i) No discounts or other deductions will be allowed
unless otherwise agreed
on an order.
(ii) 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.
(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.
