Terms & Conditions
N&P Thermoplastic Moulders (Whitton) Limited
Standard Terms and Conditions of Sale
The following are the Standard Terms and Conditions of Sale of N&P Thermoplastics Limited, No 13, Willow Road, Colnbrook, Berkshire SL3 0BS (in these Conditions called "the Company") applicable to all agreements for sale, sales and deliveries by the Company of goods or materials (in these Conditions called "the Company's products")
PRICES: The price to be paid by the Buyer for the Company's products shall in all cases be the relevant price contained in the Company's price list/website in force at the date of delivery, or by written quotation
VAT:. The rates will be in all cases whichever is applicable at the date of dispatch, registered charities are exempt from vat.
PAYMENT
TERMS: Payment shall be made by the Buyer prior to dispatch or by an arranged date of Invoice unless otherwise agreed.
RISK: The risk in the Company's products shall pass on delivery to the Buyer or his agent
DELIVERY: Delivery shall be deemed to take place on transfer of possession of the product to the Buyer or his agent.
PROPERTY: (I)
The property in the Company's products shall not pass to the Buyer until payment by the Buyer to the Company of the full purchase price for all products which the Buyer has contracted to purchase from the Company whether under this contract or any other contract; provided that the Company hereby authorises any Buyer who is a Wholesaler or Retailer, on behalf of and for the account of the Company, to sell all or any part of the Company's products at full market value at any time before the property therein shall have passed to the Buyer and to pass good title to the same, the proceeds of any such sale to be by the Buyer on trust and for the account of the Company.
(II)
Until such payment the Buyer shall hold the Company's products in a fiduciary capacity as bailey thereof on behalf of the Company, shall deliver the same up to the Company upon demand and shall not deal with the Company's products except in accordance with the Company's written instructions
The Company may at any time recover and resell any or all of such goods and may enter upon the Buyers premises for that purpose if any payment is overdue or in any of the following events:
(a) If the Buyer is a corporation and an order is made or a resolution is passed for the winding up of that corporation or an encumbrance takes possession of or receiver is appointed of the undertaking of that corporation or any of its property or assets, or
(b) if the Buyer ceases or threatens to cease carrying on its business or substantially the whole of its business; or
(c) if all or any part of of the assets of the Buyer shall be attached or detrained upon, or
(d) if the Buyer being a corporation is unable to pay its debts within the meaning of section 223 of the Companies Act 1948 or any statutory modification or re-enactment thereof; or
(e) if the Buyer being an individual commits an act of bankruptcy (within the meaning of section 5 of the Bankruptcy Code 1892 (as amended) or any acts upon which an act of bankruptcy could at any time be founded or have a receiving order made against him or he executes a trust deed on behalf of his creditors or enters or attempts to enter into any arrangement or composition with his creditors.
(f) The Buyer shall have no right to sell the Company's products until property has passed to him under this clause. In tne event that the Buyer sells goods in breach of the provisions of this clause the Company shall be entitled to, and the Buyer shall be under a fiduciary duty to account to the Company for, the proceeds of any such sale which will then be identified and kept separate as trust monies and held in trust for the Company to the extent that any monies are owed by the Buyer to the Company. In addition the Company shall be entitled to make a claim against the any customer of the Buyer for any purchase monies unpaid by the Buyer provided that the Company shall return to the Buyer any monies recovered in excess of the amount then owed by the Buyer to the Company but subject to the right of the Company to retain the costs of and expenses involved in making such claim.
The Buyer shall not be and shall not represent or hold itself out as being the agents of the Company.
DESIGNS AND SPECIFICATIONS:
All or any of our products are liable to receive modifications and improvements from time to time and the Company reserves the right to withdraw any item, or amend any design, specification, materials and colours of any line, without notice and without prejudice. All sizes quoted in our Price list and catalogue, are approximate only. Most products are Copyright and Design Registered.
DELIVERY: Whilst every effort will be made to comply with the Buyers delivery dates and instructions, our acceptance of an order does not imply any legal obligation to deliver in accordance with such instructions.
CARRIAGE AND PACKING:
All orders for delivery within the U.K.. Any orders outside the UK must be quoted and acknowledged and shipping price agreed before dispatch.
SHORTAGES DAMAGES AND TRANSIT DELAYS:
Notification of shortages and damage must be made within three days of receipt of the goods to the appropriate carrier, and particulars advised to the Company immediately, so that we can make our official claim. If the whole or part of a consignment is not received within fourteen days of date of invoice, notice must be made to us immediately.
RETURNS: The Company cannot accept returns for credit unless written authority had been given in advance. Goods returned without prior notification may be subject to a handling charge.
Please note all returns should be sent to the following address
N&P Thermoplastics Limited, No 13, Willow Road, Colnbrook, Berkshire SL3 0BS