a) Bewleys Coffeeman (Sussex) agrees to provide good for use in the equipment supplied to the customer for the period specified which begins on the date of installation of the equipment and thereafter unless or until terminated in writing by either party giving to the other notice of not less than 30 days.
b) If Bewleys Coffeeman (Sussex), has agreed to rent/loan to the customer then, in addition to the terms set out in the sales / loan agreement, the Equipment is supplied on the basis of the purchase of the of the agreed minimum monthly / annual quantity of products, calculated from the date of installation. The Customer shall be liable for any short fall between the amounts purchased and the minimum quantities required. Such assessment to be done at the end of each anniversary year and is at the discretion of Bewleys Coffeeman (Sussex) (whose opinion shall be final).
2. Defective or Damaged Goods
a) Unless the buyer gives notice to the seller in writing of any defective and/or damaged goods within 3 days of receipt by the buyer of the said goods, the seller shall not be liable in any circumstances whatsoever for any claims arising therefrom. Damaged goods shall include those damaged in transit.
b) Failure to notify the seller in the event of the above will result in the invoice being correct and therefore due for payment as detailed in (5) below.
c) In no circumstances can any claim be entertained when the goods have been used for a purpose other than that for which they were intended, or where the state or condition complained of results directly or indirectly from the Buyers actions.
d) The liability of the seller shall be limited in respect of defective and/or damaged goods proved to be the responsibility of the Seller to the total price of the defective and/or damaged goods.
e) In the event of the Seller accepting responsibility for defective and/or damaged goods the Seller shall at its discretion either refund to the Buyer the price of such defective and/or damaged Goods or deliver suitable replacement goods.
3. Delivery Time
a) The time of delivery of the Goods is not to be of the essence of any contract. Any date for delivery given by the Seller must only be considered an estimate and the Seller is not liable under any circumstances for any loss or damage caused directly or indirectly by delivery made after the estimated date or for any consequential loss or damage arising directly or indirectly from the delay so long as delivery is made within a reasonable period thereafter.
b) In the event of force majeure, of measure taken by the competent authorities or measure taken, or events occurring that are beyond the control of the Seller, such as mobilisation, strike, riots, damage to machinery, shortage of raw materials, fire or any other disturbances of production, supply, operation, or transport the Seller shall be entitled to suspend and/or cancel delivery without incurring liability under any circumstances for any direct or indirect or consequential loss, injury or damage suffered by the customer and /or any other party in consequence of any such suspension and/or cancellation and/or withdrawal.
c) Unless the Buyer gives notice in writing to the Seller of non-receipt of the goods or any portion of them within 14 days of the date of the invoice, the seller shall not be liable for any claim arising out of non-receipt of the Goods.
a) Unless otherwise agreed between the parties in writing all prices shall be in accordance with those set out in the initial order form and subsequent price lists, exclusive of Value Added Tax.
b) All prices are subject to alteration. If after the date of the contract and before delivery (even if delivery is delays) the cost to the Seller of any labour or materials is increased or any currency fluctuation occurs or any tax or duties are varied or the cost to the seller otherwise is increased, the Seller shall be entitled to increase the price to the Buyer by the amount of any increase in costs.
c) All quotations given by the Seller are for a fixed period of 30 days from the date of the quotation and are subject to confirmation at the date of order and are subject to condition 4(b) above.
5. Terms of Payment
Credit terms are available to applicants approved by the Seller. Settlement shall be as follows:
a) Goods invoice to credit accounts 30 days from invoice date.
b) Equipment sales, 30 days from invoice date if the buyer has an existing Credit Account, otherwise cash with order or by our agreed finance agreement.
c) Goods sold to person without Credit Accounts, cash on delivery.
d) Invoices which remain outstanding in excess of sixty days from invoice date will have a service charge of 4% per annum above the base rate of Lloyds TSB levied on all overdue accounts.
6. Default of payment or Deliveries
a) Should the Buyer be in default of any payment in respect of any contract with the Seller, then the Seller shall be entitled to stop all deliveries, irrespective of to which particular contract with the buyer the payment relates.
a) Bewleys Coffeeman (Sussex), shall be entitled to terminate this Agreement forthwith in the event the Customer commits any breach of any of these terms and conditions or if the Customer closes, sells or disposes of the premises on which the Equipment is install, ceases to carry on existing business, makes an arrangement or composition with its creditors or has a receiver or administrator appointed in respect of any part of its undertakings or asset or shall go into liquidation.
b) If the Seller feels either the Goods or the Equipment to be in jeopardy then the Seller shall immediately be entitled to terminate the Sales Agreement by giving written notice.
c) Upon the termination of this Agreement, Bewleys Coffeeman (Sussex), employees or agents may enter the Customer premises during normal working business hours and remove the Equipment or goods without notice.
d) On termination the Seller shall be entitled to (i) recover all outstanding monies owed to the Seller, (ii) recover all legal and repossession costs incurred by the seller, (iii) recover interest at the rate of 4% per annum above the base rate of Lloyds TSB the date of termination, such interest to accrue daily both before and after the Goods and/or equipment is returned.
8. Title, risk, power of sale, and receipt of monies
a) The title and ownership of the Goods subject to this contract shall be the Sellers until the Buyer has made all the payments due to the seller in respect of this contract and all outstanding contracts between the Seller and the Buyer notwithstanding that possession of the Goods may have been transferred in whole or in part to the Buyer.
b) The risk in the Goods shall pass to the Buyer upon delivery of the goods to the buyer and from that time the buyer shall insure the Goods.
c) The Buyer shall, until payment of all the monies due from the Buyer to the Seller, keep the goods in such a way that they are clearly identifiable as those of the Seller and shall if the Seller so desires store the goods in such a way and at such a place as the Seller shall direct.
d) Until full payment of all that is due and owing by the Buyer to the Seller, the Buyer shall keep the Goods for the Seller as agreement and bailee of the Seller.
e) The Buyer shall nevertheless be entitled to use or sell the Goods to a third parties in the normal course of the Buyer’s business and to deliver the goods to third parties on condition that if the Seller so requires the Buyer shall transfer to the Seller the Buyer’s claims against the third parties in respect of the subsale of the goods and any monies received by the Buyer for the account of the Seller unless and until all monies owing to the seller by the Buyer have been paid.
9. Law and Jurisdiction
a) These condition and the Sales Agreement shall be subject to and construed in accordance with English law and any Legal proceedings that may arise gall be brought in the appropriate Courts in England.
b) Any notices to be served hereunder shall be served upon the Owner and/or the Customer at the respective addresses given overleaf or such other address as shall have been previously notified in writing.
c) Failure or delay on the part of Bewleys Coffeeman (Sussex), in exercising any of its rights or remedies against the Customer shall not constitute a waiver or the same. 1. Definitions In these conditions” the Seller” means Bewleys Coffeeman (Sussex) and “the buyer” means the purchaser of the Goods from the seller under these conditions. The “Goods” include any equipment, ingredients or other goods sold by the Seller to the Buyer.