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Terms & Conditions
1.1 In these conditions “Goods” mean the goods or any part or parts thereof which we are to supply per these conditions.
1.2 Any reference in these conditions to any provision of a statute shall be constructed as a reference to that provision as amended, re-amended or extended at the relevant time.
2.1 You are responsible for ensuring the accuracy of the terms of any order submitted.
2.2 No order that has been accepted by us may be cancelled by you without our agreement, or where you do not notify us of your non-acceptance of the increase in price under clause 3.2
3.1 The price of the goods shall be our quoted price. Where no price has been quoted (or is no longer valid) the price listed in our price list current at the time of your order. All quoted prices are accurate only for 30 days.
3.2 We reserve the right, by giving you notice at any time before delivery, to increase the price of the Goods to reflect any increase in our costs which is due to any factor out of our control. You will be deemed to have accepted any such increase unless you notify us within seven days of our notification to you.
3.3 The price is exclusive of any applicable value-added tax, which you shall be additionally liable to pay to us.
4. TERMS OF PAYMENT
4.1We shall be entitled to invoice you for the price of goods on or at any time after delivery. Unless the goods are to be collected by you or wrongfully fail to take delivery of the goods, in which event we shall be entitled to invoice you for the price at any time after we have notified you that the goods are ready for collection or we have tendered delivery of the goods.
4.2 Payment is to be made:-
4.2.1 By approved account holders, in cleared funds 14 days following the date of the invoice or another agreed and specified a date.
4.2.2 In all other cases, cash on delivery.
4.3 The time of the payment of the price will be the essence of the contract. Receipts for payment in hard copy are provided upon request.
4.4 If you fail to make any payment on the due date then, without prejudice to any other right or remedy available to us, we shall be entitled to:
4.4.1Cancel the contract or suspend any further deliveries to you.
4.4.2 Appropriate any payment made by you to any transaction as we may think fit, and;
4.4.3 Charge you interest on any amounts unpaid at the rate of 2% per annum above Lloyds basic rate on a daily rate until payment is made in full.
4.4.4 Charge you legal and all/any other costs incurred in the recovery of debts and any bank charges consequently incurred.
5.1 Delivery of the goods shall be made by us to the place notified within your order.
5.2 We will endeavour to deliver the goods on the date agreed but will not be liable for any delay in delivery due to circumstances beyond our control. We will try to deliver within an agreed time frame allowing for extenuating circumstances.
5.3 Whenever goods are requested to be delivered in instalments, this would constitute a separate contract.
5.4 If we fail to provide the goods and are therefore liable, the liability of Inn Express shall be limited to the excess of the cost of similar goods to replace those not delivered.
5.5 If you fail to take delivery of the goods or give adequate delivery instructions (for reasons within your control) then without prejudice to any other right or remedy available to us, we may:
5.5.1 Store the goods until the actual delivery and charge you for storage costs, including insurance or;
5.5.2 Sell the goods at the best price readily obtainable account to you for the excess or charge you for any shortfall below the price
6. RISK AND PROPERTY
6.1 Risk of damage to or loss of the goods shall pass to you at the time of delivery, or if you wrongfully fail to take delivery of the goods at the time as agreed for delivery.
6.2 Notwithstanding delivery and the passing of risk in the goods, shall not change hands unless we have received in cash or cleared funds payment at full-priced said goods.
6.3 Until such time, the goods pass to you, you shall hold the goods as our fiduciary agent and goods owner and shall keep the goods separate, protected and insured and identified as our property but shall be entitled to resell or use the goods as you see fit.
6.4 Until the goods pass to you. We shall be entitled at any time to require you to deliver the goods to us. Failure to do so empowers us to enter the premises to repossess the goods.
6.5 You will not be allowed to pledge by way of security for any indebtedness which will remain our property, but should you choose to do so, all monies owing to Inn Express will forthwith become due and payable.
7.1 We shall be under no liability;
7.1.1 In respect of any defect arising from wilful damage or misuse of the goods; or
7.1.2 If the total price for the Goods has not been paid by the due date for payment per clause 4.2
7.2 Subject as provided in these conditions, except where the goods are sold to a person dealing as a consumer, all warranties, conditions or other terms implied by the stature of common law.
7.3.1 Goods must be thoroughly examined upon delivery, and any damage or shortage notified to Inn Express within 24 hours of delivery.
7.3.2 Except for damage subject to notification under clause
7.3.1, any claim concerning any defect in quality or condition should be notified within seven days or within a reasonable time after discovery.
7.3.3 If delivery is not refused, and you do not notify us accordingly, you will not be entitled to reject the goods and therefore bound to pay the agreed price per the contract.
7.4 Where any valid claim in respect of the goods has been notified per the above clauses, we will be entitled to replace the goods free of charge or at our sole discretion but will have no further liability to you.
7.5 Except in respect of death or personal injury caused by negligence, we shall not be liable to you by reason of any representation or any implied warranty condition or consequential loss, damage, costs, expenses or other claims for compensation which arise out of or in connection with the supply of goods or their resale by you, and our entire liability under our relationship with the contract shall not exceed the price of the goods except as expressly provided for under these conditions.
7.6 We shall not be liable to you or deemed to be in breach of contract because of any delay in performing, or failure to perform any of our obligations concerning the goods if the cause was beyond our reasonable control. Without generality to the foregoing this would include an act of God, explosion, flood, tempest, fire or accident, war or threat thereof, sabotage, insurrection, civil disturbance or requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of an external authority, industrial actions or trade disputes or shortage of supplies.
8.1 This clause applies if you make any voluntary agreement with our creditors or become bankrupt or subject to an administration order to go into liquidation: or
8.1.2 An encumbrancer takes possession, a receiver is appointed of any of your property or assets; or
8.1.3 You cease, or threaten to cease, to carry on your business; or
8.1.4 We reasonably apprehend that any of the events mentioned above is about to occur and we notify you accordingly.
8.2 If Clause 8.1 applies then, without prejudice to any other right or remedy available to us, We shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to you, and if the goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
9.1 No waiver by us of any breach of contract by you shall be considered as a waiver of any subsequent breach of the same or any provision.
9.2 If any provision of these conditions is held by any component authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.
9.3 The contract shall be governed by the laws of England, and you hereby submit to the non-exclusive jurisdiction of the English courts.
9.4 In placing any orders and accepting delivery, the buyer confirms their entitlement to purchase the goods free of any contractual arrangement with any other suppliers.