1. These conditions govern this contract and all other sales by Industrial Racking Supplies Ltd. The supply of goods will not be made on any other terms and where these conditions are in conflict with terms imposed by the buyer in the order, this Acceptance Note must be treated as a counter-offer. If the buyer does not accept these conditions delivery must not be accepted.
  2. Ownership of any goods delivered by Industrial Racking Supplies Ltd. under this contract will remain in the seller unless and until all monies due from the buyer to Industrial Racking Supplies Ltd. Under this contract or otherwise have been paid.
  3. Unless and until property in goods delivered passes in accordance with Condition 2 the buyer is the bailee of the goods on behalf of Industrial Racking Supplies Ltd. The buyer may appropriate the goods to any process of manufacture or cut, alter or mix them with other goods or otherwise deal with them in the ordinary course of business but the resulting product will become the property of Industrial Racking Supplies Ltd. immediately upon such dealing and the buyer will be the bailee thereof.
  4. Unless and until property in goods delivered passes in accordance with Condition 2 the buyer may sell them or any product or any such dealing with them as is set out in Condition 3, but will do so as the agent of Industrial Racking Supplies Ltd. Until any such sale the buyer must keep such goods or products separate from goods now owned by Industrial Racking Supplies Ltd. and upon any such sale must keep any proceeds there from separate from the proceeds of sale of goods not belonging to Industrial Racking Supplies Ltd
  5. Industrial Racking Supplies Ltd. has the right to enter on premises occupied by the buyer to check or remove its property or the proceeds of sale thereof, and the buyer will account to Industrial Racking Supplies Ltd for the proceeds of any sale.
  6. The buyer assumes the risk of any goods delivered under this contract upon delivery and of any products of the goods upon those products coming into existence.
  7. All prices are subject to increase in the event of an increase payable by Industrial Racking Supplies Ltd. for labour and/or materials used by Industrial Racking Supplies Ltd. in performing the obligation under the contract and which occur between the date hereof and the date of delivery.
  8. The price of the goods shall be paid in full to Industrial Racking Supplies Ltd. upon demand.
  9. If payment is not received Industrial Racking Supplies Ltd. reserves the right to charge interest at a rate of 5% above the base rate at Barclays Bank Plc.
  10. Delivery dates or periods are approximate only and time shall not be one of essence of this contract. It is hereby expressly agreed that Industrial Racking Supplies Ltd. shall incur no liability whatsoever in respect of any loss or damage suffered by the buyer caused by a delay in delivery.
  11. No claim against Industrial Racking Supplies Ltd. in respect of short weight or damage in transit will be entertained unless notified in writing by registered post or recorded delivery within three days of the delivery of the goods, the delivery notes marked accordingly and Industrial Racking Supplies Ltd. shall be given an opportunity to reweight and/or inspect the total consignment, or that part which deemed necessary.
  12. No claim shall be entertained in respect of goods delivered wet unless the buyer informs Industrial Racking Supplies Ltd. by telephone on the day of delivery, the delivery notes are endorsed accordingly and is confirmed to Industrial Racking Supplies Ltd. in writing on the same day by registered post or recorded delivery.
  13. Force Majeure. In the event of an Act of God, outbreak of war, either general or local riot or other civil commotion, strike lockout, or act or decree of any Government or any other act, matter or thing beyond our reasonable control:
  14. Industrial Racking Supplies Ltd. shall not be liable for any injury, loss or damage of any kind thereby caused or resulting therefrom.
  15. At Industrial Racking Supplies Ltd’s sole discretion, Industrial Racking Supplies Ltd. may withdraw wholly or in part from any contract without liability whatsoever.
  16. The liability of Industrial Racking Supplies Ltd. arising out of defective goods supplied under this contract is limited to the value of the defective goods. All other liability for delivering defective goods whether in tort or contract, by express or implied term, is hereby excluded.
  17. This contract is subject to the law of England and Wales