Cronapress Ltd – Terms and Conditions
- The following definitions shall apply to this contract
- The Company – Cronapress Limited and any Company connected herewith
- The Customer – any party trading with the company
- Goods – any goods, materials or other things or services supplied by the company to the customer.
- These conditions shall not in any way be altered or amended save in writing under hand of the Director of the Company and the company shall not be bound by the spoken word.
- These conditions shall form the whole of the contract between the company and the customer unless amended, as provided in clause 2, and any clauses sought to be introduced into this contract by the customer, or any attempt by the customer to substitute a complete contract shall be null and void.
- All prices quoted by the company are subject to alteration without notice at any time up to the date of delivery.
- It shall be the customer’s duty to provide the company with an exact specification and quantities of goods required, and to satisfy himself that the goods are suitable for any use for which they are required.
- All sales shall be by description only and not be sample notwithstanding any sample which may be produced or supplied by the customer.
If the customer shall have complied with its obligation here-under, after the goods to any part thereof are proved in accordance with these conditions to be defective in quality or state or otherwise not in accordance with the contract, then if the Company and the customer do not agree value, the Company undertakes to accept the return of the relevant goods and at that the Company’s option to:
- Repay or allow the customer the invoice price (including freight and any reasonable transport costs) in returning the relevant goods from the place of receipt of such goods to the Company’s works or warehouse.
- To replace the goods as may be reasonable practicable. This undertaking is given and shall be accepted by the Customer in lieu of any other legal remedy, or
- It shall be the Customers duty to return the rejected goods.
- All accounts shall be paid by the last day of the month following the month in which an invoice is issued .If any account is not settled by due date it shall bear interest from the due date of actual payment at the bast rate for the National Westminster bank PLC from time to time in force, plus 5% compound annually.
- No orders shall be capable of cancellation, either wholly or in part, once accepted by the company.
- The company shall not be liable for any delay in delivery not shall the customer be released from any contract unless the company has given written undertaking to deliver on, or certain date, and the subject to clause 6 and 7.
- The Company shall be under no liability for any delay, default, loss or damage due to any cause beyond the company’s control.
- The property in the goods shall remain with the company until all m monies due from the customer to the company (including the full contract price of the goods and all balances outstanding at the date of the order and not subsequently paid) are paid.
- The company shall be entitled at all times and under all circumstances, up to the time which the property passes to the customer, to re-posses or re-sell all or any part of the goods, and these purposes the company’s servant or agents, or any person authorised by the company. Shall be entitled to enter any premises occupied by the customer and take possession of the goods.
- No monies due from the customer to the company shall be considered as having been paid by cheque until the cheque is cleared.
- The risk of the goods shall pass to the customer on delivery to them or such persons nominated by them.
- The company shall be under no liability for non- delivery of goods or for goods alleged to have been damaged in transit, unless the customer notifies the company of such matters in writing within three days after receipt of an invoice or three days after the delivery as the case maybe. Any damaged shall be deemed to have occurred after the delivery unless the customer proves to the company, and all goods alleged to have been damaged in transit shall be left as delivered until inspected by such persons as the company shall require .In event of any goods being proved defective the company shall not be liable for any consequential loss or damaged but shall only be liable to replace or repair the goods as, shall in the company absolute discretion ,seem expedient.
- The use, processing or sale by customer of any goods shall be considered proof that the goods comply with any specification or description under which they are sold.
The Company reserves the right to refuse liability if any defects in quality or state of goods, which would have been apparent on reasonable examination or for their being otherwise not in accordance with the contract, unless the customer shall have given the company within fourteen days after receipt of the goods written notice, specifying the matters complained of and shall thereafter afford the company’s a reasonable opportunity of inspecting the goods, or in the case of complaints about weight, a reasonable opportunity of witnessing a re-weighing thereof before the goods have been used, processed or disposed of.
- If the customer has disposed of any goods, the company shall be under no liability to the customer whatsoever and however arising, and the customer shall indemnify the company against all actions, cost and demands brought against the company by third parties to whom the customer has disposed of the goods.
- If the customer shall become bankrupt or enter onto an arrangement or composition with creditors generally or die or(being a company ) shall go into liquidation whether voluntary or compulsory save for the purpose of amalgamation or reconstruction without insolvency or shall have a receiver appointed then ,and in any such case , the company shall have the right to terminate forthwith any contract which may then be subsisting between the company and the customer, but any such termination shall be without prejudice to any right of the company then accrued under such contract including the re-possession of the goods , in accordance with clause 11(b) hereof .
- The law of this Contract and the currency of accounts therein, shall be both in English.
