140Rolson Tools Terms & Conditions1) All accounts are strictly Nett and become due 30 days ,or any other period specifically agreed beforehand, from date ofinvoice. Interest of 3% over the base rate of National Westminster BankPLC will be charged on overdue accounts.2) Prices are as at date of despatch of goods. All otherprices shall be indicative only unless previously confirmed.3) Delivery - Any time or date for delivery is an estimateonly and the company shall not be liable for any delays. Also, in theevent of circumstances beyond the control of the company deliveriesmay be suspended.Delivery in the UK Mainland shall be free for orders over £ 500 nett ofVAT. All other deliveries shall be charged at the published rates or asagreed beforehand.4) Non delivery , damages etc must be advised to us inwriting within 7 days of the date of the invoice. or receipt of goods ifearlier. In the absence of written confirmation within the time limitthe buyer will be liable for payment.5) The Company's approval and a returns number must beobtained before any goods are returned. The returns number must bequoted on all returns documentation. Any goods correctly suppliedbut returned may occur a handling or restocking charge.6) On receipt of the appropriate written notice and returnof goods, the company shall raise credit notes in respect of these.Buyers debit notes shall not be accepted.7) Specification - Whilst every effort has been made toensure accuracy of information given, the company's policy ofcontinuous improvement means that the specification may changewithout notice. All weights and dimensions are approximate.8) Warranty - All tools are guaranteed to be free from faultymaterials and workmanship for a period of 12 months or unlessspecifically stated otherwise on the products. Any faulty goods shallbe repaired or replaced free of charge. These warranties do not applyto normal wear and tear or any damage caused by misuse,mishandling etc or repairs or alterations other than by the company orits agents. These warranties and guarantees do not affect yourstatutory rights.9) The property in the goods shall not pass to thepurchaser until full payment of purchase price has been paid. Thebenefit and/or proceeds of any dealing with the Company's goods bythe purchaser in the contravention of the above reservation onproperty rights shall be held by the purchaser in trust for theCompany who shall be entitled to enter any premises of the purchaseror where the goods may be to recover the same until full payment forthe goods has been received by the Company.10) Full proper and legal title in each consignment of thegoods shall remain in the Company until such time as the Companyhas received payment of the purchase price of the goods and anyother goods previously or subsequently supplied by the Company tothe purchaser whereupon the property in the relevant consignmentof the goods shall pass to the purchaser. Goods delivered to thePurchaser prior to the time when payment is received by theCompany will be held by the Purchaser in the capacity of a fiduciaryagent for and on behalf of the Company until the date when thepayment is received by the Company.11) Risk in each consignment of the goods shallnotwithstanding the earlier clauses pass to the Purchaser upondelivery by the Company to the Purchaser and the Purchaser shallarrange for the Company's interest in the goods to be noted on allrelevant insurance policies.12) The Purchaser shall have the right to sell anyconsignments or part thereof before payment of the same shall havebeen received by the Company provided that the Purchaser shall paythe Company's part of the proceeds of such sale into a bank accountclearly denoted as an account containing monies deposited for thebenefit of the Company by the Purchaser acting in a fiduciarycapacity.13) The Purchaser shall store or otherwise denote theconsignments of the goods in respect of which the property remainswith the Company in such a way that the same can be recognised asthe property of the Company.14) The Purchaser's right to sell the goods as the fiduciaryagent of the Company in its usual course of business : 1.1 may berevoked at any time by the Company giving notice to that effect if thePurchaser is in default for longer than seven days in the payment ofany sum whatsoever due to the Company or if the Company has bonafide doubts as to the solvency of the Purchaser.1.2 shall automatically cease if a Receiver, Manager or a winding-up oradministration order against the Purchaser is made or petitioned orany petition or order in bankruptcy against the Purchaser is presentedor made or the Purchaser is apparently insolvent or goes in tovoluntary liquidation (otherwise than for the purpose ofreconstruction or amalgamation while solvent) or calls a meeting of ormakes arrangements or compositions with creditors, and 1.3 upondetermination of the Purchaser's rights of sale under the foregoingparagraphs the Purchaser shall place the goods at the disposal of theCompany who shall be entitled to enter into any premises of thePurchaser for the purpose of removing the goods and to remove thegoods from the said premises and/or as the case may be to pay theCompany the proceeds held by the Purchaser as trustees for theCompany in accordance with this clause.Where the Company recovers possession of a consignment of goodstitle in which has not yet passed to the Purchaser, such recovery ofpossession shall be without prejudice to the rights of the Company tosue for the purchase price under this clause.GOVERNING LAWThese terms and conditions shall be subject to and construed inaccordance with the English LawE. & O.E. © Copyright August 2005Rolson Tools Limited (The Company)