Terms & Conditions of Sale

Contract

The contract to supply and purchase goods is between Country Kitchenware Supplies Ltd, T/A CKS, herein called ‘The Company’, and the customer whose authorised representative acts in agreeing the contracts. Acceptance by the customer implies that these terms are understood and agreed to taking precedence over any contradictory terms printed or referred to by the customer that will be legally invalid unless specifically agreed to in writing by a Director of the Company. Any verbal agreement not conforming to the general conditions of sale shall not be binding on the Company unless confirmed in writing.

Orders

All goods offered subject to availability. The placing of an order, directly or via a representative, does not put the Company under any legal obligations to supply. Telephone orders are taken at the customer’s risk of error, unless a written confirmation is received before packing.

New Accounts

Having read and agreed to these terms, the application form provided should be completed in full and signed. Pro-forma payment is required upon the first orders to establish a trading relationship. No account can be opened, or goods despatched, without full completion of this form, which may be returned by post, fax or email. A business card for the proprietor or buyer should also be attached.

Prices

Goods are invoiced at the current ruling net prices at the time of despatch (concurring normally with the current price list). The Company reserves the right to alter prices at any time in view of prevailing circumstances.

Terms

Total net invoice value due within 30 days from invoice date (including VAT) and without settlement discount. Cleared payment on collection by prior arrangement. Other special/volume or promotional offer or discount prices are by written agreement only of a Director.

Overdue Accounts

The Company reserves the right after due notice to charge interest at 2.5% compound per calendar month upon overdue accounts, calculated from the due date. All fees and expenses incurred by the Company in collecting outstanding money or reclaiming goods will be payable by the customer

Sale or Return

Sale or return is not operated, or part of any transaction, unless agreed in writing by a Director, however the Company reserves the right to take back its goods where payment is not forthcoming or possible. Any goods returned, upon agreement by the Company, will by credited at 75% of value to cover restocking and handling costs. The unauthorised return of goods will not place the Company under any liability to issue a credit.

Claims

For non-delivery – Must be notified within 7 days of invoice date.

For damage, shortage or error – Must be notified in writing upon receipt of invoice or within 4 days of goods receipt.

Where claims are outside these times every effort will be made to resolve matters for the customer but without liability on the Company.

Carriage and Delivery

UK mainland – Paid upon orders over £175.00 goods value (ex VAT). If a new account, then the initial order must be over £250.00 for carriage paid. Where orders do not exceed the minimum carriage paid value then an admin/carriage charge of £7.50 shall be applied. All UK orders should exceed £100.00.

Offshore – N. Ireland and Eire, Channel Islands, Isle of Man, Scottish Isles. Orders under £500.00 - part freight costs by quotation. Carriage upon any returned goods will not be payable by the Company unless agreed in writing.

Any delivery time quoted is an estimate only. The Company accepts no liability for failure due to carriers, or other factors, to meet the estimated delivery time, nor for any loss whatsoever claimed as a result of such failure.

Export

Special/Volume quotations are available on request. Pre-payment required before despatch of any goods. Ex-works CKS Worcestershire site.

Title/Ownership

While or when all or part payment of an account is outstanding, the goods supplied remain the Company’s property and ownership shall not pass to the customer until full payment is received for all goods under the contract and for goods supplied under any other contract whatsoever. The customer holds the goods, until paid for, in a fiduciary capacity on the Company’s behalf and if sold during this period all proceeds of the sale, in full equity, will be legally due to the Company or its agents.

All risk in the goods remains with the customer and responsibility for insurance and safe keeping of goods following delivery until paid for must be taken by the customer.

The Company reserves the right to revoke the buyers licence to control the Company’s goods. The control of its goods will terminate if the buyer is unable or unwilling to pay the debt incurred or if any of the following take place: a) A meeting of the Creditors occurs; b) A petition of bankruptcy is granted or a winding up (except in the case of a solvent reorganisation), or; c) A receiver is appointed to manage any part of the business, property, assets or operation.

The Buyer hereby grants the Company an irrevocable right to enter the premises owned or occupied by the buyer for the purpose of removing or repossessing any such goods as remain the property of the Company.

General

Any verbal agreements not conforming to these general conditions of sale shall not be binding on the Company unless they have been confirmed by the Company in writing. Supply under this contract does not constitute a commitment to resupply under this or any other contract. Neither does such supply create a partnership or agency or any other binding future obligation. Each clause contained in these terms shall be treated as separately and severally enforceable as such, notwithstanding the non-enforceability of any other such obligation. The contract shall be governed by English Law and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.