Conditions of Sale
1. ACCEPTANCE Any quotation is an invitation to purchase and, unless otherwise stated, remains open for 30 days. A Contract shall be made only upon despatch by Van Es Ltd of it acknowledgement of the purchasers order.
2. PRICES All prices are based on costs at the date of quotation prevailing. Any changes to prices will be communicated to the purchaser with due notice and an acknowledgement of the purchaser required. Unless otherwise stated prices exclude package and carriage costs.
3. PAYMENT Time for payment shall be the essence of the contract. Payment will be at the end of the month from the date on the invoice due. Unless otherwise agreed payment will be in cash against delivery of the goods. Van Es Ltd reserves the right at any time to withdraw any credit terms granted.
4. DELIVERY Unless otherwise agreed in writing delivery is ex-works. Any date or time named for delivery is an estimate only and Van Es Ltd shall not be liable for any loss or damage directly or indirectly attributable to delay in delivery.
5. RISK Notwithstanding that the property in the goods may not have passed to the purchaser by virtue of the provisions of Condition 12 the risk shall pass to the purchaser with delivery.
6. CANCELLATIONS Van Es Ltd will accept any request for cancellation of an order within 1 working day of the order being received.
7. STORAGE Where despatch of the goods are delayed at the purchasers request or by the purchasers failure to give proper instruction as to the delivery of goods within 14 days after notification that the goods are ready for despatch, responsibility for storage shall pass to the purchaser with resolve required within 24 hours.
8. COPYRIGHT (a) The design, specification and principle of operation of the goods shall remain the exclusive copyrights of Van Es Ltd and their suppliers and shall not be reproduced in whole or in part by the Buyer or any third party without the previous written consent of Van Es Ltd. (b) It shall be the Buyer’s responsibility to draw the attention of any third parties or purchasers of the goods from the Buyer to the terms of this clause.
9. WARRANTY AND LIABILITY The liability of Resto is limited to replacement of any goods which are defective by reason of faulty materials of manufacture. The purchaser shall notify Van Es Ltd in writing of the default within 3 days of delivery and shall return the defective goods to Van Es Ltd at the purchasers cost. Any express or implied term condition representation or warranty whether statutory or otherwise not stated in these conditions is hereby excluded and the purchaser shall give no representation or warranty whatsoever as to the goods in any further sale.
10. SHORTAGE The liability of Van Es Ltd is limited to replacement of any goods which are short by reason of fault during the packing process. The purchaser shall notify Van Es Ltd in writing of the default within 3 days of delivery and shall return the defective goods to Van Es Ltd at no cost to the purchaser.
11. RETURN OF GOODS Returned materials accepted for credit: returned goods will be credited at the original invoice valued subject to a 10% surcharge provided the goods are in their original sealed containers, have been stored in acceptable storage conditions and have not been help longer than three months from the date of supply.
12. FORCE MAJEURE Van Es Ltd shall not be liable for any failure to perform any of its obligations under any contract where such failure is due to any circumstances beyond its control (including without prejudice to the generality of the foregoing the prospect happening or the result of any industrial dispute, war, civil commotion, fire, inability to obtain raw materials, equipment, fuel, power, components, or transportation, or inability to obtain any necessary import or export licences or any other licences or consents of any governmental authority.
13. PASSING OF PROPETY (a) Property in the goods shall not pass to the purchaser has made full payment of all sums (whether under the contract in question or otherwise) from time to time due to Van Es Ltd from the purchaser. (b) Pending full payment of the debts the purchaser shall hold the goods as agent for the company and shall have power to resell the goods to third parties sand shall remain fully accountable to van Es Ltd for the goods and proceeds of sale until full payment of the debts has been made. (c) If the purchaser shall be in default of any payment or any term as to payment in respect of the debts or commit any act of bankruptcy or if any resolution or petition to wind-up the business of the purchaser (being a company) shall be passed or presented (other than for the purpose of amalgamation or reconstruction) or if a receiver of the undertacking of assets of the business of the purchaser or any part thereof shall be appointed then Van Es Ltd shal be entitled to cease work on the contract in question or any other contract and to cease making deliveries to the purchaser of goods of any kind whatsoever whether under the contract in question or any other contract. Van Es Ltd shall further have the right to compensation or damages in respect thereof and to call on the purchaser to deliver up to Van Es Ltd all goods in the power custody or possession of the purchaser in respect of which propety in vested in Van Es Ltd whether by virtue of the general law or unders the contract in question or any other contract and the purchaser hereby irrevocably authorises Van Es Ltd to enter (using resonable force if necessary but making good any damege thereby caused) the premises of the purchaser where such goods are situate for the purpose only of taking possesion of such gods. (d) Retenion of the title - the goods subject of this invoice shall remain the absolute property of Van Es Ltd until Van Es Ltd has received payment in full for the goods and all other sums whitch are then due to Van Es Ltd.
14. WAIVER Van Es Ltd shall not be deemed to have waived the protection of any of these conditions whether under the contract in question or any other contract by any indulgence given to the purchaser whether as to time or otherwise or by any undertaking of work for any delivery of goods to the purchaser whether undertaken or delivered with or without knowledge of the facts giving rise to a right to cease work and to cease making deliveries.
15. LOSS OR DAMAGE IN TRANSIT Where delivery is to the purchaser’s premises the company shall not be liable (and the price if unpaid shall remain payable) for any loss of or damage to the goods in transit unless written notice of such loss or damage is received by Van Es Ltd and our carriers within 7 day of the date of despatch (in the case of non delivery (in the case of damage).
16. CHOICE OF LAW All contracts and all matters arising there out shall be governed by and interpreted in accordance with and subject to the Laws of Northern Ireland and Van Es Ltd and the purchaser shall submit to the jurisdiction of the Courts in Northern Ireland. If any part of these conditions rendered void or unenforceable at law that part shall be severable from these