Tolchards Wine Brochure 2023 - Magazine - Page 267
T&C’S - 267
8. CLAIMS
No liability is accepted for
any claims for short delivery
or damage unless notified to
us within 3 clear days of the delivery and in the event of
wet damage the documents
must be endorsed accordingly .
9. LIMITATION
OF LIABILITY
All warranties, conditions and other
terms implied by statute or common law (save for the conditions
implied by section 12 of the Sale of
Goods Act 1979) are, to the fullest
extent permitted by law, excluded
from the contract. The Seller shall
not be liable to the Buyer for
loss of profit, loss of business, or
depletion of goodwill in each case
whether direct, indirect or consequential, or any claims for consequential compensation whatsoever
(howsoever caused) which arise out
of or in connection with the contract. Nothing in these conditions
excludes or limits the liability of the
Seller for death or personal injury
caused by the Seller’s negligence.
Subject to the foregoing the Seller’s
total liability in contract, tort
(including negligence or breach of
statutory duty), misrepresentation,
restitution or otherwise, arising in
connection with the performance
or contemplated performance of
the contract shall be limited to the
contract price.
10. RETENTION
OF TITLE
The Seller and Buyer expressly
agree that until the Seller has
been paid in full for the goods
comprised in this or any other
contract between them: the goods
comprised in this contract remain
the property of the Seller (although
the risk therein passes to the Buyer
when the goods are delivered to
the Buyer) until such time as the
Buyer shall have paid to the Seller
the agreed price together with the
full price of any other goods the
subject of any other contract with
the Seller.
(i) Legal title to the goods shall
not pass to the Buyer unless
the Seller has been paid in full,
and legal title shall not pass to the
Buyer until all sums due to the
Sellers account have been paid.
(ii) The Seller may recover those
goods at any time from the Buyer
if in his possession, if the amount
outstanding from the Buyer to the
Seller in respect to goods supplied
shall remain unpaid after the due
date for payment has passed; and
for that purpose the Seller, his
servants and agents may for the
purpose of recovery of its own
goods enter upon all premises,
land or building upon which he
goods are stored or where they are
reasonably thought to be stored to
recover the same.
(iii) The Buyer acknowledges that
the Buyer is in possession of the
goods solely as a bailee for the
Seller until such time as the full
prices there of are paid to the
Seller together with the full price of
any goods the subject of
any other contract with the Seller.
(iv) In the course of his business
for the account of the Seller (but
any warranties, conditions or representations) given or made
by the Buyer to any third party
shall not be binding on the Seller
who shall be indemnified by the
Buyer with respect there to and
to pass good title to the goods
to his customer being a bona fide
purchase for value without notice
of Seller’s rights.
(v) The Buyer has the rights to resell the goods in the course of his
business for the account of the Seller (but any warranties, conditions
or representations given or made
by the Buyer to any third party shall
not be binding on the Seller who
shall be indemnified by the Buyer
with respect there to) and to
pass good title to the goods to
his customers being bona fide
purchase for value without
notice of the Seller’s rights;
(vi) In the event of such re-sale
the Buyer has fiduciary duty
to the Seller to account to the
Seller for the proceeds but may
retain there from any excess of
such proceeds over the amount
outstanding under this or any other
sale contract between them and
the Seller has the additional right to
recover the Buyer’s price directly
from the Buyer’s customer to the
extent unpaid; if the Seller avails
himself of such rights the Seller will
account to the Buyer
for any such excess as aforesaid less
any expenses incurred by the seller
in respect of such recovery;
(vii) Nothing in this condition
shall confer any right upon the
Buyer to return the goods sold
here under or to refuse or delay
payment therefore unless
otherwise agreed.
11. FORCE MAJEURE
The Seller shall not be liable for
failing to perform the contract
whether in whole or in part if the
failure is caused by any inability
to secure labour, materials or supplies, act of God, riot or civil
commotion, strike, lock-out, fire,
flood, drought, act of government
or any cause, whether or not similar in kind to all or any of the
foregoing, outside the Seller’s
control and shall have the rights by
notice in writing to the Buyer
to rescind the contract or to elect
to vary the contract as may in the
Sellers opinion be necessary.
12. GOVERNING
LAW
The contract and any dispute or
claim arising out of or in connection
with it or its subject matter or
formation (including non-contractual disputed or claims) shall
be governed by and construed in
accordance with English law, and
the parties submit to the exclusive
jurisdiction of the English courts.
