Vijay Fashions Ltd supply goods and services only subject to these terms and any person (hereinafter called “the Buyer) supplied by the company accept that these terms will govern all contractual relationships between them to the exclusion of any terms contained in any of the Buyer’s documents even if the Buyer’s terms purport to provide that the Buyer’s own or some other terms prevail. No employee or other person acting or purporting to act on behalf of the Company is authorised to agree or effect any alteration in these terms or make or give any representation or warranty in relation to the goods or services save only that a Partner, Principal or Director of the Company may in writing agree such alterations or make or give such representation or warranties.
DAMAGE OR SHORTAGE
Damage or shortage of goods found by the Buyer must be notified in writing to the Company within 7 days of delivery. If notification is not made within 7 days any claims as to damage or shortage or that would have been discovered upon a proper inspection of the goods being carried out are waived.
Normally goods will be delivered carriage paid, but the Company reserves the right to charge for any special delivery or deliveries of small value.
Under no circumstance shall the Company be liable for any loss or profit or contracts or goodwill or reputation or other consequential loss or damage on the part of the Buyer however caused. The liability of the Company for any order by these terms shall be limited to the value of the order.
RESERVATION OF TITLE
Notwithstanding delivery and passing of risk, legal and beneficial ownership of goods supplied by the Company shall remain in the Company until full payment for all goods supplied by the Company has been made. Until ownership passes the Buyer shall hold the goods as Bailee for the Company and must keep the goods free from and charge, lien or other encumbrance. The Buyer shall have possession of the goods but shall at all times remain accountable to the Company on a fiduciary basis in respect of the goods or the proceeds of sales of the goods until payment in full of all monies then owed (on any account whatsoever) to the Company by the Buyer or its associated companies. The Buyer must not destroy, deface or obscure any identifying marks or packaging relating to the goods and must maintain the goods in satisfactory condition and if any goods supplied by the Company are sold to a third party prior to ownership passing to the Buyer the Buyer shall hold the proceeds of the same in a segregated account on trust for the Company.
Quotations do not constitute an offer and shall not bind the Company until an order has been placed by the Buyer and accepted by the Company.
All orders whether oral or written are subject to these terms but nothing in these shall be deemed to affect the statutory rights of the Buyer. Notwithstanding the other provisions of these terms nothing in them shall be construed as seeking to limit the liability of either party for fraud or for personal injury or death caused by a party’s negligence.
For the purpose of the Contracts (Rights of Third Parties) Act 1999 only the Buyer should be entitled to enforce this agreement or make any claim or demand against the Company and no third party shall be entitled to claim any benefit under this agreement.
The Company does not recognize any terms and conditions of contract supplied by the Buyer unless any such terms and conditions are specifically acknowledged and agreed in writing by a Partner, Principal or Director of the Company, Execution of, compliance with, or implementation of orders does not imply acceptance of the Buyer’s terms and conditions.
UNFAIR CONTRACT TERMS
The Company has drawn these Terms of Business in the light of the Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer regulations 1994 and consider them to be fair and reasonable and its prices are based on contracts made on these conditions. If the Buyer consider these terms to be unreasonable he must inform the Company in writing before any contract is made, otherwise he will be deemed to have accepted that the Company’s terms are fair and reasonable.
If any provision (or part of the provision) of these terms proves to be illegal or unenforceable, the other provisions of these terms and the remainder of the provision in question shall remain in full force and effect.