RICHCO INTERNATIONAL - CONDITIONS OF SALE
Unless otherwise agreed in writing by us all goods are supplied on the following conditions to the exclusion of any terms and conditions stipulated by the buyer and any previous representations, warrants or communications not expressly incorporated here in.
1. Acceptance of Orders
All orders must contain sufficient written information to enable us to supply the goods required, but no order shall result in a binding contract of sale unless and until it is accepted by us in writing.
2. Prices
We reserve the right to amend prices at any time up to delivery to the extent of any variations in costs of or relating to their manufacturer, sales or delivery or in respect of any change in the exchange rate of sterling.
3. Payment
(a) Payment by customer with established ledger accounts is net thirty days end of month from the date of invoice. Payment by other customers must be by credit card with order.
(b) Payment should be made in full by cleared funds, without right of set off.
(c) We reserve the right to charge interest and compensation on amounts that remain outstanding for more than 30 days at the rates specified under the Late Payment of Commercial Debts (Interest) Act 1998.
(d) All legal costs incurred in the pursuance of any unpaid debts will be payable by the customer on an indemnity basis.
(e) The price for any goods which the Buyer requests us to hold for more than 7 days after the date upon which they would otherwise have been dispatched will nevertheless become due at the end of the month following that in which such request was made.
(f) Time is of the essence for payments, and prompt payment of all accounts is a condition precedent of further deliveries.
(g) Withdrawal of credit facilities – In the event of a credit account granted by the company becoming overdue or in the event of a cheque or any other financial instrument tendered in payment being unpaid the company may without notice to the customer withdraw or cancel with immediate effect all credit facilities granted to the customer. In the event of the withdrawal of credit facilities by the company all invoices raised or to be raised in raised in respect of goods dispatched by the company will become due and payable with immediate effect not withstanding the company’s normal terms of trading or credit facilities granted to the customer.
4. New Accounts
Customers wishing to arrange a credit facility are required to complete an Account Opening Form, signed by a Director or duly authorised official and supply a Banker’s and two trade references. The customer will be notified once the facility has been approved. The first order can be accepted with a credit card.
5. Carriage and Packing
Orders below £250.00 will be subject to a delivery charge. For UK mainland carton deliveries the standard next day delivery charge will be £10.00 Delivery beyond the mainland, deliveries on pallets, or of special delivery at the Buyer’s request will be charged to the buyer. Richco International Company Limited reserve the right to alter this policy giving notice to its customers.
For EXPORT trade, prices include delivery FOB our Warehouse: Incoterms 1953 shall apply subject to these conditions.
6. Quantities
Goods will be supplied only in the standard pack quoted in the catalogue.
7. Minimum Order Charge
Orders valued at less than £50.00 for delivery within the UK will be invoiced at £50.00
Export Orders valued at less than £200.00 will be invoiced at £200.00.
8. Scheduled Orders
Orders can only be accepted for scheduled delivery when the total quantity is a minimum of 25,000 pieces. Each shipment must be for a minimum of 5,000 pieces. Outstanding balances will be delivered 12 months from date of order.
9. Delivery
Delivery dates or periods are given in good faith and we will make every effort to meet them, but no liability is accepted for failure to deliver on a specified date or within a specified period. Goods are held at the risk of the customer from the time of delivery.
10. Penalty Clauses
Penalty clauses on Customers orders or contracts cannot be accepted unless a specific undertaking in writing is secured from the Richco International Company Limited, covering each order or contract concerned. Such an undertaking will not be regarded as valid unless signed by a Director of the Richco Company Limited.
11. Cancellations
Cancellations of orders will not be accepted unless notified in writing at least 10 working days prior to date of despatch.
All cancellations will be subjected to a cancellation charge of 25% or total value. Cancellations will not be accepted for orders especially provisioned to meet customer’s requirements.
Cancellations will not be accepted in cases where goods have already been dispatched.
12. Damaged Etc., in Transit
We will repair or replace free of charge goods damaged in transit to HOME buyers, or not delivered in accordance with the advice note, provided that home buyers give us and the carrier written notice of such damage or wrong delivery within 3 days of receipt and of non-delivery within fourteen days after date of invoice. Failure to meet with the above requirements no liability can be accepted.
13. Incorrectly Ordered Goods
No liability whatsoever can be accepted for incorrectly ordered goods.
14. Liability
(a) We will use our best endeavours to obtain for the Buyer the benefit of any warranty in respect of goods (including any undertaking to repair or replace defective parts) which we receive from our own suppliers in relation thereto.
(b) Our liability in terms of these conditions is in lieu and to the exclusion of all other warranties conditions or obligations imposed or implied by statue or otherwise in relation to the quality or description of the goods or their fitness for any particular purpose.
(c) All liability for consequential or indirect loss or damage howsoever arising is hereby expressly excluded.
15. Catalogues
Catalogues, price lists and other advertising matter are issued to indicate the type and range of goods we offer and no particulars therein are binding to us.
16. Romalpa Clause
(a) Title in the goods shall be retained by the Seller until payment in full of the price and until such payment the Buyer shall hold the goods and all items incorporating the goods in a fiduciary capacity for the Seller.
(b) In the event of any sale of the goods by the Buyer prior to payment in full of the price the Buyer shall hold the proceeds of sale in a fiduciary capacity for the seller and such proceeds of sale shall be placed in an account of the Buyer in such a way as to be identifiable as the property of the Seller.
(c) In the event of non-payment by the Buyer by the due date the Seller shall be entitled in addition to all other rights to enter the premises where the goods may be and recovery the possession of them.
(d) The customer shall not part with possession of the goods or in any way convert the same without giving notice to any third party to whom the goods are passed that the customer is not the legal owner of the goods unless payment has previously been made in full. The customer shall keep the goods in a safe place and maintain the same in good condition whist ownership of the goods remains with the supplier.
(e) The customer hereby grants the supplier irrevocable authority to enter on to the premises of the customer for the purposes of inspecting and / or retaking possession of the goods at any time.
17. Governing Law
These conditions shall be constructed and governed with English Law, and any dispute or difference arising between us and the Buyer concerning or relating to these conditions shall be submitted to the London Court of Arbitration under and in accordance with its rules.
18. Rights of 3rd Parties
The provisions of the Contract (Rights of Third Parties) Act 1999 are specifically excluded from these conditions of sale.
19. Other Legislation
If the buyer is not a retail consumer then the provisions of the Sale of Goods Act 1979 or the Supply of Goods and Services Act 1982 shall not apply to any contract made with the seller.
20. Storage Charges
We reserve the right to make a storage charge where a buyer requests us to hold goods previously requested or where there is a significant delay in call offs to a previously agreed scheduled order.
21. Returned Goods
(a) Customers wishing to return goods must obtain a Return Material Authorisation number (RMA). Goods will not be accepted without a valid RMA number.
(b) Returned goods will be subjected to handling charge of 25% of the total value.
22. Right to Assign
The Customer may not assign the benefit or burden of these terms & conditions without prior written consent of the seller, such consent being signed by a Director.
23. Waiver
The Customer may release or compromise the liability of the Customer under these terms & conditions or grant to the Customer time or other indulgence without
affecting the Customer’s liability to the seller.
24. Severance of Unenforceable Provisions
The invalidity or unenforceability of any provision of these terms & conditions will not affect the validity or enforceability of any other provisions and any invalid or unenforceable provisions will be severable.
25. Service of Notice
Any notice given under these terms & conditions shall be in writing & may be served either personally, or by registered or recorded delivery mail, or by email or facsimile transaction. Each party’s address for the service of notices shall be the normal place of business or registered office of that party & notice shall be deemed to have been served:
a) Personally – At the time of service
b) By Post – 48 hours after it was posted
c) Email / Facsimile – 9am on the first working day after time of transmission.
26. Entire Agreement
These terms & conditions embody the entire understanding of the parties in respect of the matters to which these terms & conditions apply and there are no promises, terms, conditions, or obligations oral or written, express or implied other than those contained in these terms & conditions or in a document in writing ancillary to these terms & conditions signed by both parties other than those contained in these terms & conditions.
