Terms and Conditions: Orange Chemicals Ltd
Conditions of Sale
- In these Conditions, the expression “the Seller” shall mean Orange Chemicals Limited and the expression “the Buyer” shall mean the person, firm or company placing an order for supply of goods with the Seller. The expression the“goods” shall mean the goods forming the subject matter of the order.
- Any purported variation or addition to these Conditions in any document of the Buyer is inapplicable unless accepted in writing by the Seller.
- Each despatch of any goods by the Seller shall constitute acceptance by the Seller of the offer by the Buyer to purchase the goods despatched and shall be regarded as a separate contract.
- The time of delivery is given as accurately as possible but is not guaranteed and is subject to extension to cover delay caused by events reasonably beyond the Sellers control or by reason of compliance with Government requirements.
- The Seller shall not be liable for any loss, loss of profit, damage or expense whatever arising either directly or indirectly out of any delay in delivering the goods provided that such delay is caused by events beyond the reasonable control of the Seller.
- The risk in goods supplied by the Seller shall pass to the Buyer on delivery of the same to the Buyer or its representative or on collection of the same by or on behalf of the Buyer.
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a) All goods must be examined by the Buyer at the time of delivery and signed for. Any loss or damage must be notified to the carrier in writing and to the Seller within seven days of delivery and any damaged goods (including packaging) should be retained for inspection by the carrier and Seller.
b) In the event that any goods are lost or damaged in transit the Seller shall issue the Buyer with a credit note in respect of the goods lost or damaged provided that the Buyer shall notify the Seller of such loss or damage within seven working days of its occurrence. The Seller shall not be liable for any loss, loss of profit, damage or expense whatsoever arising either directly or indirectly out of any loss or damage to any goods in transit.
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a) The Seller shall retain title to the goods supplied until full payment has been received by the Seller for the goods supplied to the Buyer and the Buyer will not pledge, charge or otherwise encumber the goods until payment has been made but shall otherwise be at liberty to sell the goods in the ordinary course of its business providing that the proceeds of any such sale shall belong to the Seller and the Buyer shall account to the Seller therefore on demand.
b) The Seller may by notice in writing forthwith revoke the Buyer’s power of sale if the Buyer defaults in payment of any sum due to the Seller for the Seller’s goods and such default shall remain outstanding for more than thirty days after the date provided for payment, or on the occurrence of any event or the commencement of any process affecting or likely to affect either the Buyer’s ability and / or liability to make payment in full or to return to the Seller its goods or otherwise to perform its obligations hereunder.
c) Upon determination of the Buyer’s power of sale hereunder, the Seller shall be entitled to enter upon the premises of the Buyer for the purpose of removing its goods.
- The Buyer undertakes to the Seller that the Buyer will at all times use and / or store the goods in accordance with the instructions and methods (if any) and / or for the purposes recommended by the Seller.
- Subject to the Buyer having complied with the obligations at Paragraph 9 above any goods accepted by the Seller as being defective will be replaced by the Seller free of charge, or by a suitable Credit Note.
- The contract between the Seller and the Buyer shall be governed and construed in accordance with the laws of England. Any dispute (other than a dispute involving the non payment by the Buyer of money claimed by the Seller to be due to the Seller) arising out of or in connection with this contract shall be referred to arbitration in London in accordance with the rules of arbitration and the bye laws of the British Chemical and Dyestuffs Traders Association for the time being in force. Such reference shall be deemed to be under the Arbitration Act 1950 or any statutory modification or re-enactment thereof. The Buyer agrees that a dispute involving the non payment by the Buyer of money claimed by the Seller to be due to the Seller shall not be referred to arbitration.
