Disability Trading Company Ltd Terms And Conditions Of Sale

Applicable To Sales Of Goods And Services In The United Kingdom

In the following terms and conditions “the company” means Disability Trading Company Ltd. These terms and conditions are applicable to a contract for the sale of goods or services from the company to the customer and do not affect the customer’s statutory rights.

  1. General
    1. All quotations are given and all orders are accepted by the company subject to the following conditions. Any other terms and conditions on warranties are excluded from the contract of sale unless the company accepts these in writing.
    2. Any quotation will be valid for a maximum of 30 days from its date of communication to the customer. At any time during this period, the company may withdraw the quotation either by written or verbal notice to the customer.
    3. If any employee of the company makes any statement or representation to the customer on which the customer relies upon, which is not covered in either the company’s written quotation or any order acknowledgement given to the customer, then the customer must provide written details of any such statement or representation with the order. The company then may ratify, reject or make clear the issue & may submit a revised quotation.

  2. Prices, VAT and Discounts
    1. Unless stated otherwise, all prices quoted are net of VAT and exclusive of delivery.
    2. VAT is payable by the customer at the prevalent rate unless the customer is exempt under the terms of the VAT Act 1994. Evidence of exemption or the signing of the exemption section of the company’s sales invoice. The customer is responsible for ascertaining whether VAT is applicable or not. The customer must contact the local Customs and Excise office for guidance if in doubt.
    3. The company may charge, as extra, the cost of special packaging or delivery requirements given by the customer after the quotation.
    4. Should the customer request any amendment to the goods or services quoted for, which is agreed by the company, then the company has the right to change the original price quoted in order to correspond with these amendments.
    5. Any discount offered by the company on a quotation is applicable to that quotation only and is not binding for any future contracts of sale.

  3. Delivery, Invoicing and Cancellation
    1. The company will aim to supply goods or services to the customer in accordance with agreed delivery dates as accurately as possible. However, the company cannot guarantee this and the customer shall not be entitled to cancel the contract of sale or to claim damages if the agreed delivery date cannot be achieved by the company.
    2. The customer must provide prompt instruction and approvals to the company before a delivery date can be agreed and set.
    3. The company will aim to accommodate reasonable requests from the customer for postponements in delivery dates but reserves the right to levy charges for storage of goods to the customer. Such charges will be reasonable.
    4. The customer must accept that alteration made by the customer to the order may result in delivery dates delays.
    5. The customer must ensure that the company has adequate access to the required delivery point and that any other facilities are available to enable the company to effect delivery in accordance with the customer’s requirements.
    6. If the customer should fail to accept delivery or to make payment in respect of goods or services then the company shall be entitled to deem the contract as repudiated by the customer.
    7. The customer will be required to sign for the delivery of the goods or provision of the services from the company. The signature will constitute acceptance of the goods as defined in Section 35 of the Sale and Supply of Good Act 1994.
    8. The company shall raise a sales invoice to the customer immediately after the goods or services have been provided.
    9. If goods, contracted for sale are being supplied by the company to the customer in instalments, then the company shall raise a sales invoice for each instalment of the goods after they have been supplied
    10. The company may supply a “Pro Forma” invoice to the customer only if agreed by both parties.
    11. Cancellation of the contract of sale by the customer will only be allowed by the company of all costs incurred up to the time of cancellation plus loss of profits and damages suffered by the company due to cancellation are immediately paid by the customer to the company.

  4. Title and Risk
    1. Title to the goods shall only pass to the customer if full and cleared payment for them has been received and/or the company gives written notice to the customer that the title of the goods has passed.
    2. Until title has passed to the customer, the company, in the form of its officers, employees or agents, may recover the goods at any time, from the customer’s premises, if necessary.
    3. The company may require the customer to store goods, where title has not yet passed, separately and clearly identifiable as belonging to the company.
    4. Risk of damage to and deterioration of the goods shall pass to the customer immediately after the customer has accepted delivery.

  5. Payment Terms
    1. Unless stated on the company’s sales invoice, full payment of the total value given on the sale invoice must be received by the company from the customer on delivery.
    2. All payments must be in pounds sterling.
    3. Where the sale of contracted good are supplied by the company to the customer in instalments, then the customer will pay each sales invoice on the relevant due date of that invoice.
    4. The customer may not delay payment to the company due to any disputes arising under the contract of sale nor due to delays outside the reasonable control of the company.
    5. The customer will be liable for any legal costs and disbursements arising in the event of the company taking a legal recourse against the customer for breach of the specified payment terms.
    6. If the customer defaults on payment for goods or services supplied by the company then the company shall be entitled, without prejudice to any other right or remedy, to cease delivery or supply to the customer of any contracts of sale between the company and the customer. Also, the company may, without notice, charge interest on the outstanding monies at the rate of 5% above the HSBC Bank PLC Base Rate effective at the time when the due date for payment fell. Any interest will be calculated on a daily basis from the due date to the actual payment date.
    7. The company reserves the right to charge the customer for any bank fees arising through stopped cheques or invalid debit or credit cards.

  6. Shortages, Defects and Return of Goods
    1. The customer is asked to examine the goods and notify the company of any fault, damage or shortage within 14 days after delivery. It is preferable that any notification to the company is made or followed up in writing. If the customer makes no such claim within this time then the contract of sale will have been deemed to be satisfied and the customer shall pay within the specified terms.
    2. The company must be given an opportunity to examine the goods or investigate any complaint before any further use of or alteration to or interface with the goods.
    3. The customer is not entitled to return the goods supplied by the company unless the return is either within the customer’s statutory right or covered under the warranty conditions of sale.

  7. Warranty and Guarantee
    1. The goods and/or services are covered under the manufacturer’s limited warranty. This will not affect the customer’s statutory rights.

  8. Force Majeure
    1. Neither party shall be under any liability for any delay, loss or damage caused wholly or in part by an Act of God, governmental restriction, condition or control or by reason of any act done or not done pursuant to a trade dispute, whether such dispute involves its employees or not or by reason of any other act, matter or thing beyond its reasonable control, including failure by the other party to carry out the provisions of these terms and conditions.

  9. Legal
    1. The contract of sale shall be governed and interpreted exclusively according to the law of England and shall be subject to the jurisdiction of the English Courts only.