Goods despatched up to and including the last day of the calendar month shall be paid for before the end of the following month.
All goods supplied remain the property of R L Trim -
The goods which the Seller offers to supply are designed for the purpose described in the Sellers trade literature and are subject to any limitations therein contained. No warranty is given that the goods are fit for any other purpose, unless the Buyer gives to the Seller in writing details of that purpose and the Seller expressly warrants to the Buyer that the goods are fit for that purpose. The Seller shall not be bound by any oral statement or representation unless it is confirmed in writing.
All prices are subject to market fluctuations and the actual prices to be paid by the Buyer shall be the Sellers prices ruling at the date of despatch.
All prices quoted or accepted are exclusive of Value Added Tax and the contract price shall be such prices plus VAT.
The Seller shall have the option (without prejudice to any of his rights against the Buyer) by notice in writing to the Buyer to rescind any contract between the Seller and the Buyer or to suspend delivery in the following events (I) should any sum owing by the Buyer to the Seller be overdue, whether under the same or any other contract, (ii) should a Buyer be in breach of any term of the same or any other contract with the Seller (iii) should the Buyer enter into any composition or arrangement with or for the benefit of his creditors, have a receiving order in bankruptcy made against him or (if a corporate body) should it go into liquidation either voluntary or compulsory or under supervision except for the purposes of re-
(i) If no time for delivery is specified in the contract the Buyer shall be bound to accept the goods when they are ready for delivery by the Seller. (ii) The Seller shall not incur any liability or obligation to the Buyer in respect or any failure to deliver or delay in delivery occasioned by any cause beyond his control. In the case of any failure to deliver or delay in delivery occasioned by some cause within his control the Seller shall be under no liability or obligation to the Buyer in respect of any indirect or consequential loss. (iii) Upon delivery the risk in the goods (each order being considered as a whole) passes to the Buyer who undertakes to act as the Sellers agent in all matters relating to them and to store them separately from all other goods whether of the customer or of any other person and keep them identifiable as the companies goods. The Seller retains full legal ownership of the goods until full payment for them is received by the Seller when the title to the goods passes to the Buyer. (iv) If the customer sells the goods before property in them has passed such sales shall be made by the customer as fiduciary agent on behalf of R L Trim and the customer will keep the proceeds of sale separate from the customers own money on trust from R L Trim. Notwithstanding such agency, the customer shall have no authority to bind R L Trim and shall, as between the customer and buyers from the customer, act as principal. (v) should the goods become constituents of or be converted into other products while legal ownership remains with us, we shall have the legal ownership in such other products as if they were solely and simply the goods and accordingly sub clause (iii) shall as far as appropriate apply to such other products. (vi) where ownership of goods supplied remains vested in the Seller under the provisions of this contract then the Seller shall be entitled to repossess any goods supplied. For this purpose, the Seller may enter upon the premises of the Buyer at reasonable hours during the daytime to effect such collection. Where the Buyer has gone into bankruptcy, or where a receiver has been appointed, then any documentation evidencing the sale of the goods to the buyer shall be good proof of the Sellers title. (vii) all goods are delivered with the cost to be charged to the Buyers account unless otherwise stated. (viii) a Buyer sending his own materials to R L Trim for processing, will, at his own expense, insure them against loss or damage whilst on R L Trims premises.
(i) it shall be the duty of the Buyer before using the goods, the subject of the contract, for any purpose and before parting with possession of the same, to test and examine the goods in every respect and to satisfy himself of their fitness for any purpose for which they are intended to be used. (ii) claims in respect of any alleged defect in the quality of the goods delivered, where the defect would have been revealed by normal examination of the out turn sheets or by reasonable examination of the goods on arrival must be made in writing within 3 days after delivery, or if related to the transport of goods within such times as will enable the Seller to comply with the time limit and procedure of the carriers by whom the goods were transported. If the Buyer shall make any complaint within the time stipulated the Seller shall, after he has had a reasonable time to investigate the same and examine the goods in dispute, be entitled at his option: (a) to replace the goods (if defective), or (b) to accept the return of the goods (if defective) and credit the Buyer with the price thereof, or (c) to make the Buyer (if the goods are defective) an allowance representing the difference between the value of the goods at the time of the complaint by the Buyer and the value they would have had if they had been in accordance with the contract providing the Buyer pays the balance not in dispute according to normal terms. (iii) R L Trim is not liable to any loss incurred by a Buyer whose materials should be found to be unsuitable for the processing specified. (iv) the return of goods shall not be made without prior agreement between the Buyer and the Seller.
The Sellers prices are based upon the cost of manufacture of the goods, the cost of insurance cover obtainable by us and the warranties given and liabilities excepted by us under these Terms and Conditions. The Seller shall not be liable for any loss of profits or of contract or other indirect or consequential loss and except as provided in these Terms and Conditions all warranties and liabilities expressed or implied and whether statutory or otherwise are excluded. The Seller will be prepared to negotiate with the Buyer a sufficient price if he requires any variation or extension of the liabilities accepted by us under these Terms and Conditions. These Terms and Conditions supersede any Terms and Conditions from any company purchasing from R L Trim -
R L Trim, Acreman Street, Cerne Abbas,
Dorset, DT2 7LD, UK
Tel: +44 (0) 1300 341209
Fax: +44 (0) 1300 341815
© R L Trim 2017
Contractors to Ministry of Defence
Reg. No: 1ATT01