Terms & Conditions
Hoogly Tea LTD: CONDITIONS OF SALE April 2017
1.1 ‘The Seller’ means Hoogly Tea Ltd
1.2 ‘The Buyer’ means the person, firm or company purchasing goods from The Seller.
2.1 The Seller shall sell and the Buyer shall purchase the goods in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written order of the Buyer which is accepted by the Seller, subject in either case to these conditions, which shall govern the contract to the exclusions of any other terms and conditions subject to which any such quotation is accepted or purported to be made by the Buyer.
3. DESCRIPTION AND QUALITY
3.1 Unless otherwise stated quality shall be equal to the fair and average quality of that year’s particular crop.
3.2 Due to the nature of many of the products sold by the Seller, no guarantee can be given of 100% purity.
3.3 The Seller is unable to make condition or warranty as to the suitability of goods for any particular purpose and it shall be the Buyer’s responsibility to ensure that any goods contracted for or supplied are suitable, or put them into such a condition as will render them suitable for any particular purpose.
3.4 Due to the perishable nature of many of the goods sold, the Seller is unable to make condition or warranty as to the length of time for which goods will remain fit for consumption.
3.5 Should any goods supplied not conform to their description or sample or not be of merchantable quality then such goods will be refunded or replaced by The Seller. Such allowance to be limited to the appropriate proportion of the purchase price. The Buyer shall forfeit the right to claim such an allowance if the claim is not made within seven days of delivery.
4.1 The price of this contract is based on current costing. Should the price to the Seller be increased due to any increase in freight, duty, levy, minimum import price, value, transport, landing, warehousing or other charges, then such increases shall be for the Buyer’s account.
5.1 Initial orders are payable in full prior to shipment.
5.2 References may be requested of the Buyer for subsequent orders, after which all invoices may be paid within 30 days from their date of issue – subject to The Seller’s acceptance of such payment terms.
5.3 Interest will be charged for late payments and will be accrued per day over agreed terms. Interest will be charged at 5% over standard Bank of England base rate. Re-presented cheques will be charged at £20.00 for each re-presentation.
5.4 Payment by cheque or other negotiable instrument will be deemed conditional payment.
5.5 The Seller reserves the right to revoke any payment terms provided to the Buyer in good faith if such terms are not adhered to.
6. RIGHTS TO TERMINATE OR DELAY
6.1 The Seller shall have the right at any time to demand from the Buyer payment of all overdue accounts, whether for goods supplied under this or any contract of sale
and in the event of the Buyer failing to comply with such demand the Seller may delay delivery until such overdue accounts are paid.
6.2 If the Buyer should become insolvent, go into, or be placed into receivership or liquidation, has suspended payment of debts or is making arrangements with creditors, the Seller may, without prejudice to any other rights to which he may be entitled hereunder or otherwise, terminate the contract forthwith (or upon such notice as the Seller thinks fit).
7.1 Shipment and delivery dates are given in good faith, but are only estimates made by the Seller.
7.2 The Seller may, at his sole discretion, make delivery by installments.
7.3 When delivery is made by installments each delivery shall be considered a separate contract, and each installment shall be paid for separately.
8. LOSS OR DAMAGE
8.1 It shall be the responsibility of the Buyer to notify the carrier and Seller of any loss or damage to goods in writing within 3 days from the date of delivery.
8.2 The Buyer shall be debarred from recovering any losses whether resulting directly or indirectly from any loss or damage if he fails to comply with 8.1
9. RISK AND TITLE
9.1 Any risks relating to the goods will pass to the Buyer upon delivery to the Buyer and the goods supplied by the Seller to the Buyer will remain the property of the Seller until the goods have been paid for.
9.2 The Seller will be entitled to enter the premises that the Buyer occupies or to which he has access and where any of the goods may be and to remove any such goods in which the Seller has retained property.
10. PROPER LAW
10.1 This contract shall be governed by English Law.