These are the terms and conditions of sale of Cellar Drinks Company Ltd of Unit 4, Waller House, Elvicta Business Park, Crickhowell, Powys NP8 1DF ("the Seller") and acceptance of a quoted price or the placing of an order by you ("the Buyer") will also include acceptance by the Buyer of these terms and conditions which will supersede any terms and conditions which the Buyer seeks to impose. No variation of these terms and conditions will have effect unless in agreed in writing between the parties and signed by a duly authorised representative of the Seller.
All products on the price list are offered subject to availability.
Prices are subject to alteration without prior notice and are quoted exclusive of VAT.
. Payment terms are net cash unless otherwise agreed. In the event of non-payment by the shall charge interest at the rate of 4% per annum above the base rate of due date, the Seller [Lloyds Bank plc] from time to time and calculated on a daily basis from the due date for payment until payment is received and/or the Seller recovers possession of the goods. The Buyer shall be responsible for all costs incurred by the Seller in the collection of overdue amounts or in the repossession of goods. A fee of £37.50 per default shall be charged by the Seller for any dishonoured payments, by cheque or otherwise.
The Buyer shall immediately inform the Seller of any changes to the Buyer, whether in financial status or persons involved therein, which vary the details provided by the Buyer on the order form. Each party shall ensure that it complies with and assists the other to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data and the privacy of electronic communications.
The Seller and the Buyer agree that until the Seller has been paid in full for goods supplied to the buyer:
Title in the goods will at all times remain the property of the Seller and the Buyer will at all times hold the goods as bailee and store the goods in such manner that they are clearly identifiable as the property of the Seller;
In the event that the amount outstanding from the Buyer to the Seller on the general statement of account between the parties exceeds a credit limit acceptable to the Seller, a duly authorised representative of the Seller will be entitled to enter upon any land or building where the Seller's goods are situated and recover possession of them;
The Buyer will be entitled to sell the goods in the course of its business for the account of the Seller and to pass good title in the same to a bona-fide purchaser for value without notice of the Seller's rights. In the event of such sale, the Buyer will have a fiduciary obligation to account to the Seller for the proceeds of sale and will immediately pay the same into bank account in the name of the Buyer sufficiently separate from all other monies of the Buyer so as to show that said proceeds are held by the Buyer on trust for the Seller. Any proceeds of sale over the amount outstanding to the Seller under its statement of account with the Buyer at that time may be retained by the Buyer;
Notwithstanding the foregoing, risk in the goods will pass to the Buyer from the time of delivery to the Buyer, its carrier or agents, and the Buyer should insure the goods accordingly.
In placing an order and accepting delivery the Buyer confirms its entitlement to purchase the goods from the Seller free of any contractual arrangements with other suppliers.
Any equipment installed by or on behalf of the Seller in connection with an order placed by the Buyer will remain the property of the Seller and any duly authorised representative of the Seller will be entitled to enter upon any land or building where the equipment is situated and recover possession of it at any time.
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