Terms & Conditions
By purchasing Goods from Estuary Wholesale Ltd the Buyer agrees to the following terms and conditions of sale.
In this document the following words shall have the following meanings:
1.1 "Buyer" means the organisation or person who buys Goods from the Seller;
1.2 "Goods" means the articles to be supplied to the Buyer from the Seller;
1.3 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time.
1.4 "Seller" means Estuary Wholesale Ltd, 10
Second Avenue Westcliff on Sea Essex. SS0 8HY
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND PAYMENT
3.1 The price of Goods shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing.
3.2 Payment for Goods, VAT at the prevailing rate and any other applicable costs shall be due upon delivery of the goods to a place specified by the buyer. Payment terms other than these may be agreed between The Seller and Buyer. These will only be affective upon written conformation from the Seller to the Buyer.
3.3 The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due, calculated on a daily basis until the date of payment, at a rate of 8.00% per annum above the prepailing base rate of the Bank of England. The Seller will additionally be entitled to all legal and other recovery costs incurred by the Seller in the engagement of third parties to recover overdue payments.
3.4 Any payment refused upon presentation by the Buyers Bankers or payment card processor will attract an administration fee of £25.00 If payment of the price or any part thereof is not made by the buyer, the Seller shall be entitled to:
3.4.1 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
3.4.2 terminate the contract.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Risk in the Goods shall pass to the Buyer at the moment the Goods are delivered to the Seller`s premises. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
5.1 Any discrepancy concerning the Goods must be raised with the Seller within 24 hours of delivery.
6 RETENTION OF TITLE
The risk in the Goods shall pass from the Seller to the Buyer upon delivery of such goods to the Buyer. However, notwithstanding delivery and the passing of risk in the Goods, title and property in the Goods, including full legal and beneficial ownership, shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full for all goods delivered to the Buyer under this and all other contracts between the Seller and the Buyer for which the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the Seller and the Buyer under which the Goods were delivered.
7 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.