TERMS & CONDITIONS OF SALE
1. TERMS: (a) Payment terms are as stated by The Crop Candle Co. (The Seller) in their quotations and on their order acknowledgement form which is produced after an order has been placed. Acceptance of these terms is confirmed by the customer signing and returning the order acknowledgement form and/or payment of the deposit. (b) An order cannot be cancelled except by mutual agreement and then only on terms which would fully indemnify The Seller. All prices are subject to VAT.
2. PUBLISHED BURN TIME FOR CANDLES: Average autonomy, which may vary according to the climatic conditions, wind, atmospheric pressure and the position of the candle (faster combustion if the candle is slightly inclined or on a slope).
3. DELIVERY: The Seller will not be responsible for any failure to fulfill any terms of this agreement if fulfillment has been delayed, hindered or prevented by any circumstance whatsoever, which is not in the control of the Seller or by shortage of supplies required for or in connection with the manufacture of the goods or by compliance with any order or request of any national, port, local or any other person to deliver at that time, the Seller shall be at liberty to withhold, suspend overdue delivery to such an extent as the Seller in its discretion may think fit. Delivered on pallets. If you wish your order to delivered in a full container then please ensure your have a container ramp and folk lift. If the goods are to be hand balled off then this will add additional costs. If there are special delivery instructions then this may incur further costs. POA
4. GUARANTEE: The Seller hereby guarantees that the goods shall be of tradable quality at the time of sale. The Seller, free of cost to the buyer, will replace all goods not found to be of tradable quality at the time of delivery. All warranties implied by status or otherwise are hereby excluded. As these Cans are moved on pallets there may be slight damage but this will not effected the output of the candles.
5. PRICE VARIATION: The Seller reserves the right by written notice any time before dispatch if published prices expiry date increases, to vary the price of the goods to take account of any increases in the cost of raw materials, manufacture, packing transport or wages. Whilst every effort is made to keep to the contracted price fluctuation in exchange control rates make it impossible to guarantee forward prices.
6. PASSING OF RISK: The property and risk will remain with the Seller until goods are presented for delivery on the Carrier’s vehicle at the Buyer’s works. Goods collected at the Seller’s work premises will become the property and risk of the Buyer when loaded onto the Buyer’s vehicle or the vehicle of his agent or carrier.
7.PASSING OF TITLE: Until full payment has been made of all sums outstanding from the Buyer to the Seller (including debts arising before the date of this contract) (a) The property in the goods shall remain in the Seller, (b) the Seller shall have full legal and beneficial ownership in any new product into which the goods are converted, (c) the Buyer shall keep and store the Goods and any new product in such a manner that they can be identified as being the property of the Seller, (d) the Buyer shall be at liberty to sell the Goods (or any new product described in (b) above) in the ordinary course of business, (e) the benefit of any contract and the proceeds of any sale shall be the property of the Seller and held in trust for the Seller absolutely (f) the Seller may by written notice to terminate the Buyer’s power of sale at any time if the Buyer goes or threatens to go into receivership or liquidation and (g) at any time after the termination of the power of sale, the Seller may repossess the Goods and the Buyer hereby grants to the seller an irrevocable license to enter upon any premises of the Buyer for the purpose of so doing.
8. FORCE MAJEURE: Should the Seller be delayed in or prevented from making delivery owing to act of god, civil disturbance, Global pandemic, requisitioning government or parliamentary restrictions, prohibitions or enactment of any kind, import or export regulations, strike, lock-out, trade dispute, difficulty in obtaining workman or materials, breakdown of machinery, fire, accident or other cause whatsoever beyond the Seller’s control, the Seller shall be at the liberty to cancel or suspend the contract without incurring any liability to any loss or damage resulting there from.
9. DAMAGES: The Seller’s liability for damages under this order shall in no case exceed the purchase of the Goods claimed to be defective or to have caused damage. If Goods supplied by the Seller fail to conform to the express terms of the order, the Seller shall have the option of bringing the goods into conformity with the order requirements or of taking them back and refunding the price. No claim shall be considered unless the Buyer gives the Seller prompt written notice. Goods shall not be returned to the Seller without the Seller’s written permission.
10. GOVERNMENT CHANGES: The Buyer will reimburse the Seller for any increase in any Tax or government charge or of any new tax or government charge thereafter becoming effective, which the Seller may be required to pay any Government upon the sale of the product or transportation or goods and which has the effect of increasing the cost of goods sold here under.
11. EXPORT: The Buyer shall not export the goods from the United Kingdom without the written permission of the Seller unless export is a condition of sale.
12. QUALITY: Although every effort has been made in the manufacture of goods to standardize production, reasonable variation in goods specifications will not be accepted as reason for dishonoring the contract.
13. ARBITRATION: The construction performance and validity of this order shall be governed for by the law of England and all disputes which arise out of or in connection with this order shall be submitted to the London Court of Arbitration.
14. NOTICE OF DAMAGE OR NON-DELIVERY: Signatures given for goods damaged or short delivered must be qualified by a remark to that effect. No claims for damage or shortage can be entertained unless notified to the Seller within 36 hours and confirmed in writing within 3 days. Claims for non-delivery must be notified to the Seller in writing within 14 days of invoice date.
15. CONSEQUENTIAL LOSS: The Seller shall not be responsible for any consequential loss howsoever arising. All recommendations and advice given by The Seller or its servant to The Buyer or its servant or agent as to the mode of storing, applying or using the goods are given without liability on the part of the Seller or its servant or agent.
16. INTERNATIONAL SALES: The Seller expressly excludes the application of the Uniform Laws of International Sales to these Conditions of Sales and to any contract made between the Seller and the Buyer. The Seller’s acceptance of order is deemed to be an acceptance on these terms and conditions and the Buyer shall be responsible thereof have expressly agreed to exclude the said Uniform Laws of International Sales. The Law of England shall apply to these conditions and to any contract for the supply of goods between the Seller and the buyer unless Expressly agreed by the Seller in writing.
17. INVOICE: The Buyer cannot hold Errors and omissions on invoice, as binding at any time whether or not the trading relationship of the Seller and Buyer is still in existence.
18. QUANTITY VARIATION: We shall be deemed to have fulfilled our contract by delivery of quantity within 10% plus or minus of the quantity of printed goods ordered and the Buyer shall be INVOICED at the contract rate for the quantity delivered
19. OVERDUE ACCOUNTS: No Goods will be delivered on account which remains unpaid 14 days after payment is due. The Seller reserves the right to charge interest on overdue accounts, at the rate of 10% above the National Westminster Bank Plc base rate from time to time from the date the account became due until payment is received. This does not prevent us from pursuing payment of overdue accounts at any time after the payment becomes due and shall be in addition to and without prejudice to any other rights we may have against you. The Seller also reserves the right to charge the Buyer for any legal or collection charges where it is necessary to obtain payment from you of an overdue account through a third party or Court proceedings.
20. PROPOSALS & SAMPLES: The Seller has the right to charge the Buyer for all proposals and samples if the Seller has offered the service. The Buyer must comply with the Proposal for samples. If the original written proposal states that samples are to be charged for, then the Buyer accepts the responsibility of payment at the said time of payment. Unless there has been another per-arranged agreement between the Seller and Buyer in written form.
21. IMPORT & EXPORT: All import duties; tax and handling fees are the responsibility of the seller and are included in the Contractual Invoice price. All lead times are subject to custom clearance. Duty and VAT is Excluded
22. AMENDMENTS: If there are any amendments to be made to Materials, Artwork, Quantities, Printing Fabric, Delivery Dates, Delivery Address or add further delivery addresses or any other item written in the Official Order or anything that would materially affect the ordering, the production or delivery of the order, then it is to be put in writing and acknowledged by both the Buyer and the Seller. If this is not acknowledged in writing then the Seller will not be held responsible for any verbal agreement.