TERMS & CONDITIONS OF TRADING
1. Conditions Applicable
1.1 The following conditions shall apply to all contracts for the sales of goods by Drivers Pickles Ltd, hereafter named as Drivers Pickles, to the Buyer (Client) to the exclusion of all other terms and conditions, including any terms and conditions that the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
1.2 All orders for goods shall be deemed an offer by the Buyer to purchase the goods pursuant to these conditions.
1.3 Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions.
1.4 Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Drivers Pickles.
2. Price and Terms of Payment
2.1 The price charged shall be the price as set out on the sale note by Drivers Pickles. The price is exclusive of VAT which shall be due at the rate ruling at the date of invoice if VAT should be applicable on the goods and/or services provided.
2.2 For the Buyer with an approved credit account, payment of the price (and VAT if applicable) shall be due within 28 days of the month following the date of invoice.
2.3 Accounts classified in default will attract an interest charge of 4% above the National Westminster Bank plc base rate from time to time in force from the date the debt fell due, from day to day, until payment of the full balance is received or such sum as specified under the Late Payment of Commercial Debts (Interest) Act 1998 or similar, whichever shall be higher.
2.4 If the Buyer fails to make any payment on the due date then, without prejudice to any other rights, Drivers Pickles may:
2.4.1 Suspend or cancel deliveries of any articles due to the Buyer and/or
2.4.2 Suspend or cancel any credit account.
2.5 Drivers Pickles shall be entitled to charge the sum of £50.00 plus VAT in respect of each and every occasion that any cheque is not met on presentation.
2.6 Where no credit account is held, Drivers Pickles shall not be bound to deliver or supply the goods until the Buyer has paid for them on or before the date of delivery, or point of supply, by way of cash or bank draft or by way of cheque if such an arrangement is previously approved and agreed to by Drivers Pickles.
2.7 Unless otherwise agreed in writing by Drivers Pickles, payment terms are strictly in accordance with clause 2.2 and should payment against any invoice not be received within these terms, the entire account will be classified in default and will become due and payable immediately on demand. The customer shall then be liable for any reasonable debt collection costs incurred by Drivers Pickles from a third party as a result of such default. These costs will be in addition to any costs claimed in legal proceedings issued to recover the debt.
3. The Goods
3.1 The quantity and description of goods shall be as set out on the sale note accompanying the goods.
4. Delivery of the Goods
4.1 Delivery of the goods shall be made to the Buyer’s address on the delivery date. The Buyer shall make all arrangements necessary to take delivery of the goods whenever they are tendered for delivery.
4.2 Delivery will only be made to an address with full details including a postcode.
4.3 Drivers Pickles shall not be liable for any loss or damage whatsoever due to failure by Drivers Pickles to deliver the goods (or any of them) promptly or at all.
5. Acceptance of the Goods
5.1 The Buyer shall be deemed to have accepted the goods on delivery.
5.2 After acceptance, the Buyer shall not be entitled to reject the goods which are not in accordance with the contract.
6. Warranties and Liability
6.1 Drivers Pickles warrants that the goods will, at the time of delivery, correspond to the description given on the sale note. All other warranties, conditions or terms relating to the fitness for purpose, merchantability or condition of the goods, whether implied by statute or common law or otherwise, are excluded.
6.2 No claims will be entertained unless notified to Drivers Pickles within 24 hours from the time of delivery.
6.3 Drivers Pickles shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of breach by Drivers Pickles of this contract.
7. Retention of Property and Passing of Risk
7.1 The goods shall be at the Buyer’s risk as from acceptance of delivery.
7.2 In spite of delivery having been made, title to the goods shall not pass from Drivers Pickles until:
7.2.1 The Buyer shall have paid the price (plus VAT if applicable) in full; and
7.2.2 No other sums whatsoever shall be due from the Buyer to Drivers Pickles.
7.3 Drivers Pickles shall be entitled to recover the price (plus VAT) notwithstanding that title of the goods has not passed from Drivers Pickles.
7.4 Until such time as title in the goods passes from Drivers Pickles, the Buyer must, upon request, deliver up to Drivers Pickles such of the goods as have not ceased to be in existence or resold. If the Buyer fails to do so, Drivers Pickles may enter upon any premises owned or controlled by the Buyer where the goods are situated and repossess the goods. On the making if such a request, the rights of the Buyer under clause 7.6 below shall cease.
7.5 Until title in the goods passes to the Buyer in accordance with clause 7.2 above, the Buyer shall hold the goods and each of them on a fiduciary basis as bailee to Drivers Pickles.
7.6 Notwithstanding that the goods (or any of them) remain the property of Drivers Pickles, the Buyer may sell the goods in the ordinary course of the Buyer’s business at full market value for the account of Drivers Pickles. Any such sale shall be a sale of Drivers Pickles property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principle when making such sales. Until title in the goods passes from Drivers Pickles, the entire proceeds of the sale of the goods shall be held in trust for Drivers Pickles and shall be at all material times be identified as Drivers Pickles money.
8. Standard Delivery Terms
8.1 The price charged, as set out the invoice, shall be as the current published price list and shall remain in force until such notice is given for a replacement price list.
8.2 All prices are strictly net unless specifically agreed in writing by Drivers Pickles.
Drivers Pickles are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
Drivers Pickles are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.