Terms of service

TERMS AND CONDITIONS OF SALE FOR BOOK PROTECTORS & CO. LTD.

 

1.                 Definitions

For the purpose of these Terms and Conditions:

a.       "the Goods" refers to Goods to be supplied by Book Protectors & Co. Ltd.

b.       "the Seller" refers to Book Protectors & Co. Ltd.

c.       "the Purchaser" refers to the buyer of the Goods.

 

2.                 Terms of Payment

a.       The Seller shall invoice the Purchaser upon receipt of a written order for the Goods.  All invoices are payable within 30 days of the date of the invoice unless stated otherwise.  Purchasers who prefer to pay accounts using Bank Automated Clearance Services should quote:

BANK:                             LLOYDS TSB BANK PLC

ADDRESS:                      104 TERMINUS ROAD, EASTBOURNE, EAST SUSSEX, BN21 3AH

SORT CODE:                  30-92-86

ACCOUNT NO:              02519448

b.       Without prejudice to its other rights and remedies, hereunder and at law, the Seller reserves the right to charge the Purchaser interest in respect of late payment of any sum due hereunder (both before and after any judgment) at the rate of 2 per cent per annum over Barclays Bank Plc. base rate from the due date for payment until payment of principal plus interest in full.

c.       Pro-Forma Invoice for stated accounts.

 

3.                 Delivery of the Goods

a.       Each order shall constitute a separate contract and any failure or default of the Seller in respect of any one delivery shall not entitle the Purchaser to treat the contract as a whole as repudiated.

b.       The Seller shall deliver the Goods within a reasonable time and shall if possible comply with any reasonable stipulation of the Purchaser as to the time of delivery.  The Seller shall not be under any liability as a result of delay in delivery or for any consequences of such delay.

c.       The Goods will be dispatched by the Seller or by independent carrier at the Purchaser's expense (subject to any minimum order value that the Seller may apply) and risk only when using the Seller's usual means of delivery.

d.       Failure to accept delivery shall not delay payment and may result in charges for handling and storage until delivery is accepted.

 

4.                 Claims for Goods

a.       Claim for damage, loss or pilferage in the case of Goods must be made within 30 days of their receipt. If possible such goods must be held by the Purchaser for disposal or return instructions.

b.       If the Purchaser does not notify the Seller in accordance with this clause the Purchaser shall be deemed to have accepted the Goods.

c.       The Seller's liability in respect of any goods found to be defective is limited to the replacement of these Goods provided that the defective goods are returned or placed at the Seller's disposal.

 

5.                 Price Lists

a.       A price list is not an offer but an invitation to the Purchaser to make an offer on the terms and conditions set out herein and on the price list.

b.       Prices, discounts and specifications are subject to alteration without notice and orders received from a Purchaser will be accepted at the prices current at the date of order.

 

6.                 Title to Goods.

a.       Property in the Goods shall not pass to the Purchaser until the Seller has received payment in full for the price of the Goods and all other sums then due from the Purchaser to the Seller.

b.       Risk of damage to or loss of the Goods shall pass to the Purchaser upon delivery of the Goods at the Purchasers’ premises.

c.       Until property of the Goods passes to the Purchaser, the Seller shall be entitled to (without notice or liability at the Purchaser's expense and without prejudice to any legal remedy), to require the Purchaser to deliver up the Goods to the Seller. If the Purchaser fails to do so, the Seller can enter upon the Purchaser's premises or the premises of any third party where the Goods are stored and recover the Goods.

 

7.                 Insolvency

If the Purchaser goes into liquidation, bankruptcy, becomes subject to an administration order, a Receiver is appointed over any of its property or assets, makes any voluntary arrangements with creditors, ceases or threatens to cease to carry on business, the Seller shall be entitled to recover all of the Goods that belong to the Seller and the Purchaser shall not impede this collection in any way.

 

8.                 Liability

a.       The following provisions set out the Seller's entire liability (including any liability for the acts and omissions of its employees, agents and sub-contractors) to the Purchaser in respect of

(i)                 Any breach of the Seller's contractual obligations arising under this agreement.

(ii)               Any representation, statement, act or omission including negligence arising under or in connection with this Agreement; any such act or omission shall be known as "An Event of Default"

b.       The Seller's liability for death or personal injury resulting from its own negligence or that of its employees, agents or sub-contractors, shall not be limited.

c.       Subject only to 8(b) the Seller shall not be liable to the Purchaser for loss of profits or any other indirect or consequential losses howsoever arising.

d.       Subject only to 8(b) the Seller's entire liability in respect of any Event of Default or series of connected Events of Default shall be limited to the price of the goods.

 

9.                 These conditions shall be governed by and construed in accordance with English law.