STANDARD TERMS AND CONDITIONS

FOR SALE OF GOODS

OF

THE EXE COMPANY

1          DEFINITIONS
            In this document the following words shall have the following meanings: 

            "Buyer" means the organisation or person who buys Goods from the Seller;

            "Goods" means the articles to be supplied to the Buyer by the Seller;

            "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;

            "Seller" means The Exe Company, Honeyway, 15 Smithincott Cottages, Cullompton, Devon EX15 3DG.

 2          GENERAL
             These Terms and Conditions shall apply to all transactions for the sale of Goods by the 
             Seller to the Buyer placed either on-line, telephone, email or by post.

3          PRICE AND PAYMENT

 

3.1        The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. The price is exclusive of any other applicable costs. Carriage shall be paid for by the Buyer at the rate specified.

 

3.2        Payment of the price and any other applicable costs shall be payable to the Seller before despatch of goods to a private Buyer. Payment of the price and any other applicable costs to a retailer shall be payable due within 14 days of the date of receipt of the invoice supplied by the Seller.

 

3.3        The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 10% per annum above the base rate of the Bank of England.

 

3.4        If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:

 

3.4.1     require payment in advance of delivery in relation to any Goods not previously delivered;

 

3.4.2     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;

 

            3.4.3     terminate the contract.

 

4          DESCRIPTION 

            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.

 

5          SAMPLE 

            Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is so shown and inspected for the sole purpose of enabling the Buyer to judge for itself the quality of the bulk, and not so as to constitute a sale by sample.

 

6          DELIVERY

 

6.1        Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by the Seller.  The Buyer shall make all arrangements necessary to take delivery of the Goods or advise the Seller of alternative arrangements.

 

6.2       The date of delivery specified by the Seller is an estimate only.  Time for delivery shall not be of the essence of the contract.

 

6.3       The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation.  The Buyer must notify the Seller of the damage within 24 hours of delivery.

 

7          RISK

            Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from 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.

 

8          TITLE  

Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.

 

9          WARRANTY

 

9.1        Where the Goods have been manufactured by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge within 30 days from the date of delivery, subject to the following conditions:

 

9.1.1     the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;

 

9.1.2     the defect being due to the faulty design, materials or workmanship of the Seller.

9.2        Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s
            expense, if so requested by the Seller. 

9.3        Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer.

 

9.4        The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.