RKB Kitchens Ltd Terms & Conditions of Sale
The following Conditions form the terms of any contract for the sale of goods by the Company
( R.K.B.ltd ). No other terms shall be incorporated in such contract except as may be specifically agreed in writing by the Company. All other terms proffered by the Buyer are excluded.
ALL ORDERS ARE SUBJECT TO THE FOLLOWING CONDITIONS
1.QUOTATIONS
Our quotations are an invitation to the Buyer to place an order and do not constitute a legal offer. The purchase order ( which must be in writing ) will be regarded as an offer and our order confirmation will be regarded as binding.
2.PRICES
Unless otherwise stated all prices are exclusive of carriage and VAT, which will be charged at the rate appropriate at the date of despatch.
3.DEFECTIVE GOODS
In the event of any articals proving defective in material or workmanship, we undertake to replace it free of charge unless that article has been defaced either by machine or hand after despatch from our premises. Under no circumstances do we accept liability for consequential loss or damage however arising, and any liability for such consequential loss or damage is herby excluded.
4.DELIVERY
Delivery dates are given in good faith and every effort will be made to ensure due performance, but we cannot accept responsibility for damages or consequential loss arising from circumstances beyond our control. If the Buyers instruction, or lack of them, cause delay in delivery, the Company shall be entitled to extension of the time of delivery originally agreed.
5.RETURNS
Goods must not be returned for credit without prior agreement. Drivers have strict instructions not to accept return of goods without written authority. Goods returned surplus to requirements must be in a resaleable condition and will be credited at purchase price less 20% to cover administration, handling and storage costs. Under no circumstances will the Company credit any items damaged or machined by the Buyer or manufactured to the Buyers own specification.
6.PAYMENT
All our customers will be invoiced on a strictly Pro-Former or C.O.D. basis only. Account facilities may be offered at the descretion of the Company.
7.BREAKAGES STORAGE AND NON-DELIVERY
The Company can accept no liability for damage or shortage when goods are delivered by own transport( or third party acting on our behalf ) unless specifically notified in writing to the Company within 48 hours of receipt and signed for ‘Unchecked’ or ‘Received Damaged’. Any items not notified within this period will be chargeable. Where the goods are collected from the Company by the Buyer ( or third party acting on behalf of the Buyer ) the risk in the goods passes to the Buyer upon collection , and thereupon all liability of the Company in the goods for loss or destruction, breakages, or non-delivery shall cease.
8.EQUITABLE AND BENIFICIAL OWNERSHIP
a.Although, in accordance with clause 7 above, the risk of the goods passes to the Buyer upon collection or delivery, the equitable and beneficial ownership shall remain with the Company until the goods have been paid in full. Where the goods are re-sold our benificial entitlement shall attach to the proceeds of re-sale or to claim for such proceeds; b.Should the goods become constituents of or become converted into other products while subject to the Companies equitable and benifical ownership in such other product as if they were solely and simply the goods and accordingly ( Sub Clause a ) shall, as far as appropriate, apply to such other products.
9.CANCELLATION OF ORDER
Cancellation may only be effected at the Buyer’s written request and the Company’s subsequent written approval. The Company does, however, reserve the right to enforce the contract or be indemnified against loss.
10.WAIVER
Any failure by the Company to enforce any of its rights under this Contract shall not be taken to be a waiver of any of the Company’s rights herein.