Oswald Record Terms & Conditions

 

1. GENERAL  

All orders will be accepted in accordance with the Company's Conditions of Sale and in all circumstances and conditions, these terms will prevail. Any order placed by a Customer shall be deemed to constitute an offer by such Customer to enter into a Contract upon these conditions to the exclusion of all other conditions including any conditions in a Customer's Order.

 

2. QUOTATIONS & PRICE

1. No quotation by the Company shall constitute an offer by the Company and the Company reserves the right to revise quoted prices and charges in accordance with market conditions at the date of dispatch and goods supplied will be charged at the price applicable at the date of despatch.
2. Except as otherwise specifically agreed in writing all prices are ex-works excluding the cost of transport and where applicable erection or installation.

 

3. TERMS OF PAYMENT

1. Unless otherwise specified by the Company in writing payment of the invoice price shall be made in full prior to despatch.
2. The Company reserves the right to charge interest on all overdue accounts which shall carry interest at the rate of 1.5% per month and either to suspend all further deliveries until the default be made good or to cancel the order so far as any goods remain to be delivered thereunder.

 

4. DELIVERY

1. Any estimated date given for delivery shall not be of the essence of the Contract and the Company shall incur no liability whatsoever for failure to deliver by such date.
2. If for any reason the customer is unable or fails to accept delivery the balance remaining undelivered of any order may be invoiced and the Company shall if its storage facilities permit store the goods until their actual delivery and the Customer shall be liable to the Company for all costs (including insurance) incurred by the Company in respect of such storage and this provision shall be in addition to and not in substitution of any other payment or damages for which the Customer may become liable in respect of failure to take delivery
3. If for any reason the Customer is unable or fails to accept delivery of any goods for a period of 6 months after delivery has been tendered by the Company the Company may dispose of the goods and deduct from the proceeds of any such sale the Invoice price and interest due and all expenses incurred in respect of storage and insurance.
4.  Any failure or any defect in any one delivery under any one order comprising several deliveries shall not entitle the Customer to refuse acceptance of further deliveries under that order.
5. Where goods or Customer goods are delivered to premises nominated by the Customer the Customer shall provide unimpeded access to the premises and adequate labour and equipment for loading and unloading the goods and shall be responsible for and indemnify the Company against all injury to persons or damage to property resulting therefrom.
6. Goods ordered by the Customer and correctly supplied by the Company may subsequently be returned only with the prior approval of the Company and if accepted, may be subject to 25% handling and re-stocking charge.

 

5. PASSING OF RISK

1. Save as hereinafter provided the risk in any goods sold to the Customer shall pass to the Customer when the goods loaded on transport for despatch to the Customer whether the transport is arranged by the Company the Customer or a third party and thereafter the Customer shall indemnify the Company against all loss or damage to the goods however occurring.
2. The risk in any goods transported by the Company's vehicles shall pass on delivery subject to the provisions of Clause 4 (e) above.
3. No liability will attach to the Company for any discrepancy in the quantity of goods or damage thereto in transit unless notification thereof is received by the Company in writing within fourteen days of delivery (or collection). The Company shall not be responsible for any consequential loss or damage in respect of any such shortages or damage but shall be liable only at its option:-

1. to replace any damaged unused goods or
2. to accept the return of any damaged goods and to credit the Customer with the price thereof or
3.  to make the Customer in respect of any damaged goods an allowance representing the difference between the value of the goods at the time of notification by the Customer and the value they would have had if they had been in accordance with the Contract providing the Customer pays the balance not in dispute according to normal terms or
4.  to make good any shortage.

 

6. RETENTION Of TITLE

1. The property in any goods whatsoever delivered by the Company to the Customer shall not pass to the Customer until payment in full has been received by the Company in respect of all the goods.
2. If payment is overdue in whole or in part the Company may (without prejudice to its other rights) recover or resell the goods or any of them and may enter on the Customer's premises by its servants or agents for that purpose. (Without prejudice to Clause 3) payment shall be deemed to be due on the commencement of any act or proceeding in which the Customer's solvency is involved.
3. Until payment in full is received by the Company or the Customer sells the goods by way of bona fide sale at full market value the Customer shall store the goods in such a manner as to make it clear to any third parties that the goods are the property of the Company and not of the Customer.
4. Until payment in full is received by the Company the relationship of the Customer to the Company shall be fiduciary in respect of the goods and if the same are sold by the Customer by way of bona fide sale at full market value the Customer shall hold the proceeds of sale as trustee for the Company until payment is made and the company shall have the right to trace the proceeds thereof and/or the Customer will if so required by the Company at the Customer's expense assign to the Company any rights that the Customer may have against any third party.
5. If any of the goods are incorporated or used as material for other products before payment in full is received by the Company the property in the whole of such other products shall be and remain with the Company until such payment has been made or the other products have been sold as aforesaid and the Company's rights in the goods shall extend to those other products.

 

7. LIMITATION OF LIABILITY

1. The Company shall not be liable for loss of profit interest paid or payable by the Customer loss of orders loss or expense consequent upon disruption of business or any other consequential loss.
2. The Company shall not be liable for any damage to anything arising from the goods or any defect in them or use made of them and the Customer shall indemnify the Company against any claim in respect thereof.
3. The sale or supply of goods is strictly on the terms that the Customer has had every opportunity of examining the goods and is satisfied as to their condition and suitability.
4. The Customer acknowledges that all specifications quotations information in catalogues representations whether written or oral and forecasts of performance howsoever given are approximate only and do not form part of the Contract between the Customer and the Company and the Company shall have no liability in respect thereof.