Standard Trading Conditions
In these conditions: ‘Company’ means: B-Loony Ltd or B-Loony UK Ltd trading under these conditions. ‘Conditions’ means the entire undertakings, terms, conditions and clauses embodied herein. ‘Customer’ means any person at whose request or on whose behalf the Company undertakes any business or to whom the Company sells goods.
All and any business undertaken, including any advice, information, service provided whether gratuitously or not by the Customer, is subject to the Conditions hereinafter set out, and each Condition shall be deemed to be incorporated in, and to be a Condition of, any contract for the sale and purchase of goods between the Company and its Customers.
In any event the Company shall be discharged from all liability for loss or non delivery of the whole of a consignment or any separate package forming part of a consignment (however caused) , unless notice be received in writing within fourteen days of the date when the goods should have been delivered. Where the contract provides for a single delivery without specifying a delivery date, goods shall be delivered and accepted within 14 days of their being ready. Where the contract provides for deferred deliveries all the deliveries shall be accepted within two months of the specified first delivery or availability date. In the event of failure to accept any delivery, that delivery shall be deemed to have occurred, storage costs to be charged to the Customers account and the goods to be held at Customer’s risk. The company shall have the option of revising the delivery date or dates prior to manufacture if circumstances beyond the Company’s control prevent the Company keeping to the originally agreed date or dates. The liability of the Company for failure to comply with agreed delivery date shall be limited to the reimbursement to the Customer of the actual loss incurred, but in no case exceeding the value of the goods which are the subject of the contract.
Whilst every endeavour will be made to supply goods in accordance with the quality of the samples submitted or quoted for, any contract between the Company and the Customer shall not be a contract of sale by sample.
5. Force Majeure Etc
The performance of all contracts between the Company and its Customers is subject to variation or cancellation by the Company owing to any act of God, war, strike, lockout, fire, flood, drought, tempest or any other cause beyond the control of the Company or owing to the inability to procure materials or articles required for performance of the contract and the company shall not be held responsible for any inability to deliver caused by any such contingency.
6. Retention of Title
The ownership of the goods that have been or will be delivered by the Company or any of its appointed carriers or agents will only be transferred to the Customer when the Customer has paid all that is owing to the Company, no matter on what grounds.
The Company reserves the right to refuse to deliver any goods to the Customer ordered by the Customer if for any reason the Customer at the time of or after ordering is in default of payment on this or any other order. No liability under Clause 3 shall result in such failure to deliver. Accuracy of telephone orders cannot be guaranteed and the Company cannot be held responsible for the despatch of incorrect goods or quantities due to telephone orders for which no written confirmation has been received. The Company shall not be liable to accept any goods returned unless prior agreement has been given by a director of the Company. The Company reserves the right to charge to the Customer’s account a fifteen percent restocking charge on all goods that have been incorrectly ordered and subsequently returned with a Director’s agreement.
Where the customer has a credit account with the Company, payment for goods is due within 30 days of the date of the invoice on which such goods appear. Each customer shall have a credit limit applied at the Company’s sole discretion. Where the goods are ordered in excess of the credit limit, the Company may require payment or guarantees of payment from the Customer before supplying the goods.
Any settlement discount agreed between the Company and the Customer can only be claimed if payment in full is received on or before the due date up to which the relevant settlement discount would be allowed by the Company.
All agreements between the Company and its Customers shall be governed by English Law and be within the exclusive jurisdiction of the English Courts. The Company shall not be liable for any loss by its Customer caused by changes in the law both on the UK and in the country in which the Customer is situated. The use of the Customer’s own form is no derogation of these conditions.
11. Warranties and Liabilities
- Company shall be under no liability in respect of any defect in the quality or condition of the goods or the failure to meet specification unless the Customer’s claim is notified to the Company within 14 days of the date upon which such defect or failure was or should reasonably have been discovered.
- The Company shall be under no liability under such warranty (or any other warrant, condition or guarantee) if the total price for the goods has not been received by the Company by the due date for payment.
- Subject as expressly provided in these conditions all warranties, conditions or other terms implied by law are excluded to the fullest extent permitted by law.
- Where any valid claim in respect of any goods or part(s) thereof or their failure to meet specification or perform is notified to the Company in accordance with these conditions, the Company shall be entitled to repair or replace the goods (or the part(s) in question) free of charge or, at the Company’s sole discretion, refund to the customer the price of the goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer.