HORIZON LEISURE PRODUCTS LIMITED
CONDITIONS OF SALE
Goods manufactured and/or distributed by Horizon Leisure Products Limited are sold under the Conditions set out below, the acceptance of the goods is deemed to constitute an agreement to observe and be bound by such conditions. No variation of these Conditions of Sale will be permitted unless accepted and confirmed in writing by Horizon Leisure Products Limited.
In these Conditions of Sale the 'Company' shall mean Horizon Leisure Products Limited and the 'Customer' shall mean the person, firm or company purchasing or wishing to purchase goods from the Company.
CONTRACT A contract for the supply of goods is made by the accpetance of an order at the Head Office for the time being of the Company. A contract, once accepted, cannot be cancelled nor amended except by mutual agreement in writing. Each delivery shall constitute a separate contract and any failure or defect in any one delivery shall not vitiate the contract as to the remaining deliveries.
PRICES Goods will be invoiced at prices ruling at the time of despatch. The Company reserves the right to vary prices without notice. All prices are subject to the current rate of VAT unless stated otherwise.
SPECIFICATION The company reserves the right to amend the specification of its products without notice and to use alternative materials when it considers them necessary or suitable.
CARRIAGE Carriage and insurance will be paid in UK on all consignements over £150 net goods value to retailers (except the Channel Islands and Northern Ireland when it will be £200), when sent in one consignment to one delivery point. Carriage and insurance will be charged on all orders under £150 (or £200) net goods value. Special delivery consignemnts will incur an extra cost.
CLAIMS Non-delivery must be reported: initially by telephone within 6 days of invoice date, and confirmed in writing within 10 days of invoice date. Shortage or damaged goods must be reported by telephone within 24 hours of receipt. Claims otherwise cannot be accepted by the Company or the carrier.
DISPLAY Any display equipment is supplied on loan to a customer on the following conditions:
EQUIPMENT a) It is used continuiusly for display of the Company's products only.
b) On ceasing to be used it must be returned to the Company, carriage paid.
c) It is the responsibility in every respect of the Customer (Fair wear and tear excluded) while in his/her possession and in transit to the Company.
d) In the event of damage or loss, which the Customer must notify the Company about immediately, the Customer will be liable to the Company for the valule at the time of supply or the cost of repair whichever is lower.
RETURNS No goods may be returned for credit without written permission of the Company. A 15% handling and restocking charge may be applied to all credit notes covering returned goods except when the goods are faulty or damaged. Any goods returned by the Customer to the Company shall be at the risk of theCustomer while in transit to the Company.
TITLE OF a) The goods shall remain the sole and absolute property of the Company as legal and equitable owner until such time as the
GOODS a) Customer shall have paid to the Company the agreed price together with the full price of any other goods which are the subject of any other contract with the Company.
b) Goods supplied by the Company shall be at the Customer's risk immediately on delivery to the Customer or into custody on the Customers behalf (whichever is the sooner) and the Customer should, therefore be insured accordingly.
c) The Company may, for the purpose of receovering its goods, enter upon any premises where they are stored or offered for sale or where they are reasonably thought to be stored or offered for sale, and may repossess the same. In particular, but without prejudice to the generality of the foregoing, the Company may at any time enter upon the Customers premises if:
i) There shall be any default in payment on the due datte by the Customer to the Company.
ii) The Customer, being a company, shall enter into liquidation (other than voluntary for amalgamation or reconstruction) or shall have a receiver appointed over the whole part of its undertakings or assets, or
iii) Being an individual or firm the Customer shall commit an act of bankruptcy or enter into an arrangement or compostion with or for the benefit of its creditors.
d) In the event that the Customer sells the goods or any part of them to a third party prior to property in the same having passed under the conditions entitled 'Title of Goods' above, the proceeds of sale shall be received by the Customer on the Company's account and kept separate from the Customer's or other monies, the Customer having sold the goods as the Company's bailee and owing fiduciary duties to the Company in relation thereto and at any time before payment is received from such third party the Company shall have the right to require an immediate assignment in a form stipulated by the Company of such third party debts.
MATERIALS Whilst every endeavour will be made to supply material in accordance with the quality of samples submitted or quoted for, the contract is not a contract of sale by sample.
FORCE The performance of all contracts is subject to variation or cancellation by the Company owing to any Acts of God, war, strikes,
MAJURE etc. lock-outs, fire, flood, drought, tempest or any other cause beyond its control or owing to any inability to procure materials or articles required for the performance of the contract and the Company shall not be held responsible for any inability to deliver caused by any such contingency.
PAYMENT a) All cheques or other instruments for payment must be made payable to Horizon Leisure Products Limited.
b) Payment must be made strictly 30 days from the date of the invoice. Accounts unpaid by the due date will be treated as overdue.
c) The Company reserves the right at any time in its absolute discretion to demand immediate payment of any account whether due or not.
d) Returned or represented cheques will be charged at £25 per occasion.
OVERDUE The Company shall be entitled to charge interest to the Customer at 2% per month or part thereof payable on demand for any account
ACCOUNTS which becomes overdue. The Company shall be entitled to charge the Customer with all costs of collecting overdue accounts, including the Company's reasonable administrative costs, pauyable on demand.
LAW Any contract made under these Conditions of Sale shall be governed by English Law and shall be within the exclusive jurisdiction of the English Courts, however the Company may enforce the contract in any Court of competent jurisdiction.
REFERENCES The Customer confirms that the companymay contact their Bank and other trade suppliers for references.
CONDITIONS Each of the above conditions is independent and stands on it's own. Should any clause be shown to be inapplicable, none of the other clauses shal be invalidated or affected in any way.