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1: THE PARTIES
The 'Seller means Ainsworths (London) Ltd.
The "Buyer" means the person purchasing The Goods
from the Seller.
The "Goods" means the goods agreed to be sold by
the Seller to the Buyer subject to and upon these Conditions and more
particularised overleaf.
The "Conditions" means these Standard Conditions
of Sale concerning the Goods to be supplied by the Seller to the Buyer.
The "Quotation" means an invitation to treat
issued by the Seller to the Buyer and does not constitute an offer.
The "Contract' means an agreement for the purchase of
Goods by the Buyer from the Seller and shall be subject to all of the terms and
conditions set out below.
2: THE BARGAIN
The Seller agrees to sell and the Buyer agrees to buy the
Goods upon and subject to the express terms and conditions set out herein.
3: PREVAILING
CONDITIONS:
(a) These Conditions govern all orders to and contracts with
the Seller for the supply of the Goods and all orders shall be deemed to be
made subject only to these Conditions which shall override and exclude any
terms or conditions howsoever stipulated incorporated or referred to by the
Buyer whether in documentation or at any negotiations or in any course of
dealing established between the Seller and the Buyer.
(b) No alterations addition or qualification to these
Conditions shall be incorporated into this Contract unless expressly accepted
by a Director of the Seller in writing. The signature by the Seller of any of
the Buyer’s documents shall not Constitute or imply such a modification or
waiver.
(c) These Conditions constitute the only terms of the
agreement between the Buyer and Seller for the supply of Goods and no other
terms or conditions shall apply. Acceptance of delivery of the Goods by the
Buyer constitutes acceptance of, and is in accordance with these Conditions.
(d) The Buyer acknowledges that before entering into an
agreement for the purchase of any Goods from the Seller the Buyer has expressly
represented and warranted that the Buyer is not insolvent and has not committed
any act of bankruptcy or being a company with limited or unlimited liability is
or has been in a position which would entitle any debenture holder or secured
creditor to appoint a receiver, and/or to petition for the winding up of the company or apply for the appointment of
an administrator or exercise any other rights over or against the company's
assets.
(e) The Quotation is subject to change or withdrawal at any
time before receipt of an unqualified order from the Buyer and acknowledgement
of that order in writing by the seller and shall be deemed to be withdrawn
unless so accepted within thirty days from the date of the Quotation
(f) The acceptance by the seller of any order for Goods
shall constitute an agreement to sell the Goods in accordance with these
Conditions and not be a sale of them and no title to the said Goods shall pass
on such acceptance to the intending Buyer.
4: THE GOODS
(a) All descriptions and illustrations contained in the
Sellers catalogues price lists and advertisements or otherwise communicated to
the Buyer are intended merely to present a general idea of the Goods described
therein and nothing contained in any of them shall form any part of the
Contract.
(b) Notwithstanding that a sample of the Goods may have been
exhibited to and inspected by the Buyer it is hereby agreed that such samples
was so exhibited and inspected solely to enable the Buyer to judge for himself
the quality of the Goods to be delivered and not so as to constitute a sale by
sample.
The Seller's employees and all agents are not authorised to
make any representations, or give any advice or recommendations concerning the
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