TERMS AND CONDITIONS OF SALE for T&H MARKETING LTD t/as Bath Bubble & Beyond
1. In these conditions the “Seller” means T & H Marketing Ltd T/A Bath Bubble & Beyond and the “Buyer” means the persons or the Company to whom the document is addressed.
2. These conditions shall form the basis of the contract between the Seller and the Buyer. Notwithstanding anything to the contrary in the Buyer’s standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing by the Seller. No servant or agent of the Seller has power to vary these conditions orally or to make representations or promises about the condition of the goods, their fitness for any purpose or any other matter whatsoever. The placing of an order by a Customer shall be deemed acceptance of these terms in their entirety. Any subsequent verbal orders will be bound by these Terms.
3. Unless otherwise agreed, the terms of payment are that payment must be made on or before the thirtieth day following the date of invoice. In default of payment on the due date, the Seller may charge interest at the rate of 3% over Barclays bank plc’s base rate on all monies which are overdue from the date when payment became due until the date of actual payment (both dates inclusive). The Supplier reserves the right to accept orders for goods on a pro-forma basis where payment is made either by cheque or by electronic transfer of funds, with delivery taking place after clearance of the cheque or confirmed receipt of the funds.
4. The quoted prices are in all cases exclusive of carriage and VAT. The prices invoiced will be those currently charged by the Seller at the date of dispatch. Unless otherwise stated all package materials is non-returnable. All prices quoted apply to a specific order only and are subject to change only in writing by the Supplier.
A) The title in all goods delivered by the Seller, will remain vested in the Seller, and shall not pass to the Buyer until the Buyer has paid in full to the Seller all sums owing by the Buyer to the Seller under or arising from any transactions or sale on any account whatsoever.
B) Until payment has been made in accordance with (A) above, the Buyer will so keep the goods that they can be clearly identified as the property of the Seller and are separate from any goods and products purchased by the Buyer.
C) The Buyer shall be entitled to sell the goods for money to a bona fide customer in the normal course of business and deliver the same pursuant to such sale.
D) If the Buyer does not pay for any goods supplied by the Seller in accordance with the terms of payment or any of the events referred to in (e) below, the Seller shall be entitled to enter upon the Buyer’s premises and take possession of any goods supplied to the Buyer by the Seller.
E) Upon the happening of any one of the following events including the levying of any distress or execution against the Buyer or the making of any composition with its creditors or the commencement of any proceedings which could lead to bankruptcy. Liquidation or the appointment of a receiver or manager of the Buyer, all sums in respect of good delivered by the Seller to the Buyer or arising from or under transactions sale or account whatsoever shall become due immediately and the Seller may enter on the premises of the Buyer to recover the goods in accordance with (D) above
5. In the event of goods being received damaged or short delivered, the carrier’s note must be endorsed accordingly. Where it is not practical to examine the goods immediately upon delivery, the carrier’s note should state “contents not examined on delivery”. Whatever the circumstances, both the carrier and the Seller must be notified in writing within three days o receipt in the event of any shortages or damage. The Seller will not accept liability for any claim if this condition is not strictly adhered to.
6. If the Buyer has not received the goods within ten days of the date of the receipt of the Seller’s invoice, the Seller must be informed accordingly and without further delay. Claims arising for non-delivery where this procedure has not been complied with will render the claim inadmissible.
7. The Seller shall not be liable to the Buyer for:
A) Any loss of profit or of contracts.
B) Any damage or injury to the extent that the same is caused by or arises out of the acts or omissions of the Buyer or of others (not being the Seller’s servants or agents).
C) The Supplier has no liability to the Buyer for consequential loss whatsoever. The Supplier shall not be held responsible, and therefore has no liability to the Buyer whatsoever for any non-performance whatsoever in whole or in part of its obligations as conferred under the terms of this contract for any reason or cause beyond its control. The customer shall be responsible upon delivery to ensure that all goods covered by these Terms be stored at all times in a cool dry place, away from direct sunlight and heat from any source.
8. The Sellers do not supply goods with the benefit of any warranty or on any condition expressed or implied by statute or otherwise as to the suitability for any purpose whatsoever. Insofar as quality of materials used in goods either supplied or manufactured by or for the seller is concerned, the Seller’s responsibility is limited to the replacement, ex their factory as agreed. The defective parts must have been returned to them, carriage paid, within a maximum of one month from the date of delivery into the Buyer’s premises. No third party claims will be entertained whatsoever. The Supplier reserves the right to make alterations in design, colour, finish, or contents of the goods sold from the samples shown or displayed in brochures, catalogues, or on web-sites. All goods are sold subject to availability. The Supplier will use his best endeavours to produce final products to the same specification as proofs or samples, however no guarantee is expressed or implied. The Supplier accepts no liability whatsoever for goods manufactured to a Customers specification (unless due to a manufacturing fault) and invoices raised for such work will be due for payment as detailed in Clause 3.
9. All dates given by the Supplier for delivery are estimated dates only and therefore the Supplier shall incur no liability for any loss or damage whatsoever as a result of a failure to adhere to any such dates. The Supplier shall be entitled to make partial deliveries, invoice for goods delivered and expect payment in accordance with their terms of payment. All goods supplied for destination outside of the UK are sold ex-works. Acceptance by a carrier on behalf of the Customer shall constitute delivery of the goods, and insurance and risk liability shall pass to the Customer at this point. The customer is obliged to accept delivery of the goods. All deliveries are made subject to the carriers’ standard terms and conditions, a copy of which is available from the Supplier. The Supplier reserves the right to change without notice the carrier it uses.
10. Risk and therefore responsibility for insurance of all items shall pass to the customer upon delivery within the United Kingdom. No goods are supplied on a “Sale or Return” basis.
11. Should the customer decide at any time after placing an order, to cancel or change their instructions, the Supplier shall, at his discretion, be entitled to invoice as if the order had been fulfilled in its entirety, such entitlement shall be in addition to other rights conferred upon the Supplier as contained in these terms. The Supplier at his discretion may expect the return of the goods supplied to the customer. The Supplier will accept no returns without prior written acceptance. Credit notes will only be issued for goods returned in good condition and less an allowance for 25% of the value of the goods returned for handling. The Supplier reserves the right to recoup any costs incurred in the process of recovering goods not paid for.
12. The Supplier, where it feels appropriate, reserves the right to undertake credit-vetting procedures using third party information. All information received by such sources shall be held in confidence by the Supplier and not passed to any other third party.
13. This agreement is governed by English Law.