Terms and Conditions

VERDE CERAMICA (UK) LTD STANDARD TERMS AND CONDITIONS OF SALE

All goods are sold under these conditions to the exclusion of any terms or conditions referred to by the customer. Acceptance by or on behalf of the customer of delivery shall in any event constitute the customer’s acceptance of these conditions. None of the company’s personnel are authorised to vary these conditions, unless by a written amendment signed by a duly authorised signature.

 

ACCOUNTS

An application form for credit if desired may be obtained from the Company and time should be allowed for necessary enquiries to be completed.

Payment should be made 30 days from date of invoice without any set-off or other deduction unless clearly stated on the face of the invoice.

In addition to any other of the Company’s rights, if payment is not made when due (i) interest may be charged on any overdue amount from the date on which payment was due to that on which it is made before or after any judgement on a daily basis  at the rate of 3% above the Barclays rate from time to time, compounded monthly and (ii) all other invoices, whether or not they are due for payment, shall become, immediately due and payable and (iii) the Company reserves the right to apply amounts received first in settlement of interest on overdue debts then on debts due beginning with the oldest. The customer shall also pay all legal costs incurred by the Company in recovering any amounts owing by the customer and any goods in which title has been related to the Company and such costs shall be due for payment immediately on invoice.

 

MISSING DAMAGED OR LOST GOODS

In respect of any goods in which damage, pilferage or shortage is revealed on delivery or which have not been delivered, the customer may give written notice of any claim.

In the case of missing or damaged goods, to the Company (otherwise than on the carrier’s documents) within (3) working days of receipt, and to the carrier in accordance with the carrier’s claims procedure or, in the case of loss of whole consignment, to the Company within (7) days from the date of invoice.

If the claim is accepted the Company’s liability will be limited by replacing the goods or, at its discretion, allowing credit for their invoice value.

 

RETURNS

The Company shall be under no liability to accept the return of Goods which are of sound quality. In the event that the return of such Goods is accepted by the Company, the Company shall be entitled to impose a handling charge of 30 per cent of the purchase price of such Goods. The Company will in no circumstances accept the return of materials which are not considered to be in an acceptable condition for resale.

 

AGREEMENTS, CREDITS AND SUPPLIES

The Company shall have the right at its discretion and without being required to give any reason, notwithstanding any agreement with the customer or any contract which the customer may have with a third party, to exercise, without liability to the customer or any third party, at any time either or both of the following rights, namely (i) to withdraw or limit the amount of any credit granted to the customer and require the price of any goods to be paid in a manner satisfactory to the Company and to refrain from delivering the goods until the price has been so paid, and (ii) to terminate any agreement to make supplies to any person.

 

ALTERATIONS OF PRICES AND TERMS

The Company reserves the absolute right at any time to alter any of the selling prices and to alter the terms which it allows to any customer without any notice whatsoever, and in respect of goods delivered after such charge of price or terms the price charged shall be the current at date of despatch of the goods, and the terms applicable shall be so varied.

 

GUARANTEE

The Company endeavours to secure high standards of material and workmanship and accordingly will within a reasonable period replace at the original point of delivery or at its option, allow credit on the invoice value of any goods in which any defect of workmanship or materials is shown to have existed at the time of despatch by the Company, provided that the customer has given the Company written notice of the defect immediately upon its becoming apparent and in any event within (28 days) from receipt.

Except as expressly provided in these contracts, the Company accepts no liability, express or implied for the quality or the condition of the goods or their suitability or fitness for any particular purpose or use under specific conditions (in either case whether or not known to the Company) and it is the sole responsibility of the customer to ensure that the goods will meet its requirements.

 

CLAIMS

The Company shall have no liability in respect of any claim by the customer under these conditions unless

The customer has afforded the Company reasonable opportunity and facilities for the investigation of any claim and the making good of any discrepancy, and

The opportunity for the Company to investigate any claim is given (in the case of any discrepancy which is reasonably apparent on inspection) within a period of not less than 3 days from the date on which notice of the claim is given and before the goods are used or re-sold and

The customer has paid the full amount of all invoices due prior to the date of the claim. No goods may be returned without the Company’s prior authorisation. Goods will be collected by the Company unless alternative arrangements are agreed in writing.

Where a claim is accepted, any replaced items shall belong to the Company and may be disposed of only in accordance with the Company’s instructions.

 

LIABILITY

Except as expressly provided in these conditions or otherwise agree in writing by it:

The Company shall have no obligation, duty, or liability in contract, in tort (including negligence or breach or statutory duty) or otherwise howsoever in connection with the goods except that the Company does not exclude liability for death or personal injury resulting from its negligence.

The Company shall not be liable for any direct or consequential loss, including but not limited to wasted time or expenditure, loss of profits, production, business revenue, expected saving or goodwill or any claim by any person against the customer nor (except as provided above) shall the Company be liable for any loss or damage to any goods or injury (including death) to any person caused by or arising from the use or attempted use of the goods, and

The Company shall have no liability for any advice, opinion or information furnished by the Company or its personnel unless given in writing by an employee authorised in writing by a Director of the Company or The Company Secretary to furnish the same, in response to a written request by the customer and where in accordance with this condition of the Company is liable for any such advice, opinion or information its liability shall be limited to the invoice value of the goods supplied by the Company and the customer for the purposes thereof, if greater.

 

RETENTION OF TITLE

Whether or not risk in the goods shall have passed to the customer, the property in the goods shall be and remain in the Company until the Company has received cleared funds payment in full for the goods and for all other goods supplied by the Company to the customer.

Until the property passes:

The customer shall hold the goods as bailee for the Company and ensure that they are at all times clearly identified as the property of the Company.

The Company shall be entitled at any time on demand to:

Repossess and sell all or any of the goods and thereby terminate (without any liability to the customer) the customer’s rights to use or sell them, and

The Company shall also be entitled to maintain an action for the price of the Goods although property in them has not passed to the customer.

Enter any premises where goods are located for the purpose of inspecting or repossessing them.

The Company shall also be entitled to maintain an action for the price of the Goods although property in them has not passed to the customer.

The Company transfers to the customer only such property and rights of use as the Company has in any goods and in the case of materials provided by any third party shall transfer only such property and rights as that party had and has transferred to the Company.

Where goods are sold to a person dealing as a consumer, the statutory rights of the consumer are not affected by these conditions.

 

LAW & JURISDICTION

These terms and conditions and any contract of which they form part shall be governed and construed in accordance with the Law of England & Wales.

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