All goods and services supplied by Dutch Trade Innovations BV (hereinafter referred to as the “Company”) are sold subject to the following conditions: and no variation shall be binding on the Company unless in writing signed by the Company. Waiver by the Company of any breach of the Terms and Conditions or any granting of time or indulgence by the Company to the Customers shall in no way affect the rights of the Company hereunder. This does not affect your statutory rights as a consumer.
1. PRICES: The price for the Goods are stated in the Company’s quotation or if no quotation is given in the confirmation of order. The Company’s prices in the quotation/order acknowledgement are fixed for a period of 30 Days. Thereafter the Company reserves the right to vary prices without notice. Any clerical error or omissions contained in the company’s’ quotation, acknowledgement or invoice shall be rectified by the Company on discovery and as soon as practicable notified to the Customer, such errors or omissions shall not be binding on the Company and rectification thereof shall not invalidate the contract.
2. VAT: All goods sold in the UK are subject to VAT. VAT is chargeable at the prevailing rate at time of invoice. Prices may be subject to change to reflect changes in the rate of VAT or VAT due in respect of the sale.
3. CANCELLATION: Orders placed cannot be altered, suspended or cancelled except with the Company’s consent and on terms that will indemnify the Company against loss.
4. INVOICING AND PAYMENT:
i) The Company shall invoice the Customer upon dispatch of the Goods from their premises or from the premises of its suppliers. However the Company reserves the right to require payment of the full price of the Goods prior to delivery to the Purchaser.
ii) Late payment may result in interest charges being incurred and suspension of credit facilities. If payment is not made on the due date interest will be charged at the rate of 8.0 % per annum over the base rate of HSBC Plc for the time being.
iii) If the Purchaser fails to make any payment when due then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to terminate the contract and/or suspend any other further deliveries to the Purchaser.
iv) Without prejudice to any other remedy available the Company shall be entitled to recover from the Purchaser any cost or expenses (including solicitors fees and disbursements) incurred in recovering monies in respect of the goods or any other monies due under the Conditions hereof.
5. PACKING, CARRIAGE AND INSURANCE: Packaging, carriage and insurance to designated premises and on default or designation to any trading address, of the Purchaser shall be paid by the Purchaser and shall be charged at the Company’s rates current at the time of order acceptance. The decision to pack and the method of packing goods is at the Company’s` discretion. Any excess costs for special packing if requested by the Customer shall be for the Customer’s account.
6. DELIVERY:
i) The Company will use its best endeavour to deliver the Goods by the date(s) specified in the Order/Contract but shall be under no legal obligation to do so and in no circumstances will the Company be liable for any delay or for any loss or damage whatsoever caused directly or indirectly by any delay in the delivery of the goods. The Customer undertakes despite delay to accept the goods on delivery by the Company.
ii) The Company reserves the right to deliver the goods by installments and failure of any delivery or any defect in the contents thereof shall not entitle the Customer to refuse any other delivery.
iii) If the delivery of the goods is in the Company’s’ opinion rendered impracticable by any reason of Act of God, industrial action, trade disputes, restrictions of supplies, Government control, inevitable accident, force majeure or any other circumstances outside its control the Company shall be at liberty to terminate the contracts by notice without liability to the Customer for loss or damage directly or indirectly arising there from.
7. EXPORT SALES:
i) Goods ordered for delivery outside the U.K. may be subject to import duties and taxes which are levied when the goods reach the specified destination. The Company is not responsible for payment of any such import duties and taxes; these are the sole responsibility of the recipient or Customer. The Company has no control over these charges and cannot predict what they may be. This information should be obtained from the Customer’s local customs office before placing an order.
ii) The Customer must comply with all applicable laws and regulations of the destination country. The Company will not be liable for any breach of such laws and regulations by the Customer.
iii) Where goods are to be delivered to other countries within the European Union, the Company will require details of the Customer’s registered VAT number, otherwise VAT will be charged at the current UK rate. Vat will not be charged on sales to countries outside the European Union provided the Company receives evidence that the goods have been exported in a form suitable to the Company.
iv) Freight charges will be charged on gross or volumetric weight, whichever is the greater. Rates may be subject to change without prior notice. In the case of goods shipped by AirFreight, secondary screening charges may apply if the shipment proves too dense or too large for X-Ray as advised by the Airline and/or Freight Forwarders.
8. CURRENCY TRANSACTIONS:
All sales and contracts entered into between the Company and its Customers are to be settled in British Pounds Sterling (£) only. The Company is unable to accept payments made in any currency other than British Pounds Sterling (£)
9. FORCE MAJEURE: The Company accepts no liability for delay in delivery, failure to deliver or any default due to circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil commotion, riots, drought, flood, fire, shortage of supply, failure to deliver of the suppliers of the Company, and legislation.
10. STORAGE CHARGES: If for any reason the Purchaser is unable to accept delivery of the Goods at the time when they are due and ready for delivery, the Company shall be entitled to arrange storage at its own premises or elsewhere at the Purchaser’s own risk and cost.
11. INSURANCE AND RISK: Upon delivery of the goods, the risk inherent in the goods shall pass onto the customer. We accept no responsibility for misuse or incorrect use of the goods.
12. TITLE: Notwithstanding delivery and the passing of risk in the Goods, title to and ownership of the Goods shall not pass to the Purchaser until the Company has received in cash or cleared funds payment in full of the price of the Goods and all sums payable to the Company
13. DELIVERY CLAIMS: Claims for non-delivery must be made in writing within 7 days of the anticipated delivery date, or we accept no responsibility for loss of delivery. Damage and missing items must be reported within 3 days of delivery, in writing, or we shall not be responsible.
14. OTHER CLAIMS: Any claim by the Purchaser, which is based on a product defect, shall be notified to the Company within 14 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after the discovery of the defect or failure. Following notification the Company will issue a refund if a repair, replacement, or the issueof a credit note in respect of the defective Goods it not acceptable to the Purchaser. The Purchaser must retain the Goods for inspection and return them, carriage paid and at the risk of the Purchaser to the Company.
PRODUCT LIABILITY: Goods are not tested or sold as if for any particular purpose and any term, warranty or condition express implied or statutory to the contrary is excluded. In no circumstances whatsoever shall the company’s` liability (in contract, tort or otherwise) to the customer, arising under out or in connection with this contract or the goods supplied hereunder, exceed the invoice price of the particular pieces concerned, and the Company shall be under no liability, for loss or damage howsoever arising caused by circumstances outside its control. Furthermore, since the Company has no knowledge of or control over the use to which the goods may be put, or method of storage applied since leaving the Company’s` premises the Company cannot accept any liability for consequential or economic loss however caused, and whether resulting directly or indirectly from any breach of said terms, warranties or conditions or from any act, neglect or default on the part of the Company, it’s employees, officers or agents.
GOVERNING LAW: All contracts made between the Company and the Purchaser shall be construed in accordance with and governed in all respects by English Law and the Purchaser agrees to submit to the exclusive jurisdiction of English Courts.