TERMS AND CONDITIONS
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The "Seller" means Casa Julia Plc.
The "Buyer" means the person, firm or company who
places the order for the goods.
The "Goods" means the goods forming the subject matter
of the order.
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Any variation of these conditions in any
document of the Buyer is inapplicable unless accepted in writing
by the Seller and signed by a Director.
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Goods listed in the Price List are offered
subject to stock availability. Prices quoted cannot be considered
binding on the Seller for any specific period. The prices (which
are quoted exclusive of VAT and delivery charges, if any) are
based on prevailing costs, and where applicable duty rates and
foreign exchange rates. If between the date of quotation and
the date of delivery of the goods, variations, either by rise
or fall, occur in these costs or rates, the prices may be amended
accordingly.
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(i) Unless otherwise stipulated payment for
each consignment of goods shall be made within 30 days of the
date of the Seller's invoice. In the event of payment not being
effected on the due date interest at the rate of 18% p.a. shall
be charged on the whole balance standing to the account of the
Buyer until payment in full.
(ii) For overseas Buyers, the terms of payment are subject to
special arrangement.
(iii) A Buyer who has not previously dealt with the Seller,
may be required to forward a reference of two established trade
suppliers, together with the name and address of its Bankers
before any order is accepted.
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When the Seller agrees to deliver or arrange
for delivery of the goods to the Buyer:-
(i) The goods shall be delivered to the place or places specified
in the order or as subsequently agreed. The mode of transport
shall be at the discretion of the Sellers.
(ii) The Seller shall credit any goods damaged or lost in transit,
provided the Buyer shall notify the Seller of such damage or
loss on the same day as the date when delivery should have been
effected (as the case may be).
(iii) The risk in the goods shall pass to the Buyer on delivery.
(iv) The time of delivery is given as accurately as possible,
but is not guaranteed and is (in any event) subject to extension
to cover delay caused by any event reasonably beyond the Seller's
control.
(v) The Seller shall not be liable for loss, loss of profit,
damage or expense whatsoever arising either directly or indirectly
out of any extension to the time of delivery, or any damage
to, or loss of any of the goods in transit.
(vi) For overseas buyers, the terms of delivery are subject
to special arrangements.
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The cost of delivery will be quoted separately.
Provided that a U.K. (mainland) Buyer purchases a minimum quantity,
however, the goods will be delivered to them free of charge.
Minimum quantities will vary according to the nature of the
sale and are available upon application. For this purpose one
case 6*75cl or 6*70cl is counted as half a case.
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Each order for the goods shall form a separate
agreement, but shall be deemed to incorporate those terms and
conditions of sale, or such alter terms and conditions as shall
be notified to the Buyer from time to time whether orally or
in writing.
PROPERTY
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(i) Until full payment has been received
from the Buyer, for all goods whatsoever supplied by the Seller
to the Buyer under any contract, the property in the goods shall
remain in the Seller.
(ii) Notwithstanding sub-paragraph (i) above, the Buyer shall
be at liberty to sell the goods in the ordinary course of its
business, provided that the proceeds of any such sale shall
belong to the Seller, and be placed into an account of the Buyer
in such a way as to be indentifiable as the property of the
Seller.
(iii) The Seller may by notice in writing, revoke the Buyer's
power to sale if the Buyer shall default in the payment of any
sum due to the Seller or permit an encumbrance to take permission,
or a receive to be appointed of any part of assets of the Buyer,
or if a petition is presented or notice is given of a resolution
to wind up the Buyer, or if a distress or execution is levied
on or issued against any of the property of the Buyer or if
the Buyer makes any arrangements or composition with its creditors,
or comments act of Bankruptcy or is unable to pay its debts
within the meaning of section 223 of the Companies Act 1948,
or any statutory modification or re-enactment thereof.
(iv) Upon determination of the Buyer's power of sale as aforesaid,
the Buyer shall place all goods whatsoever sold to it by the
Seller at the disposal of the Seller, who shall be entitled
to enter (using reasonable force if necessary) upon any premises
of the Buyer for the purpose of removing the same.
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(i) None of the goods is supplied on a "sale
or return" basis.
(ii) The Seller reserves the right to revise or change the style
of labels at any time.
(iii) The Buyer undertakes to the Seller that following delivery
the Buyer will at all times handle the goods properly and store
the same in suitable conditions.
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It is appreciated that, dependent on a number
of factors, goods of the type sold by the Seller, retain their
quality for different periods. Subject to paragraph 8 (iii)
above, the quality of the goods is guaranteed for what is (bearing
in mind all relevant circumstances) a reasonable period. At
its discretion the Seller will either replace free of charge,
or issue a credit note in respect of any goods accepted by the
Seller as being defective during such period.
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All goods are sold upon the express terms
that credit in accordance with paragraph 9 above, is accepted
by the Buyer in full and final settlement and satisfaction of
any and all conditions and warranties whatsoever and howsoever
arising (except a warranty to the Seller that it has the right
to sell the goods), and of any and all claims whatsoever on
the part of the Buyer, whether arising in contract or in tort
(except a claim in respect of death or personal injury due to
negligence).
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(i) No defect in the goods or any part thereof
shall form the basis for any claim by the Buyer for any loss,
loss of profit, damage or expense whatsoever arising either
directly or indirectly from any such defect.
(ii) Non delivery of the goods or any part thereof shall not
form the basis for any claim by the Buyer for any loss, loss
of profit, damage or expense whatsoever arising directly or
indirectly from such non delivery.
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The Seller shall be entitled to leave goods
at the Buyer's premises even where such premises are unattended,
and such shall be deemed to constitute good delivery of any
goods.
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The Contract between
the Seller and the Buyer shall be governed by and construed
in accordance with the laws of England.
1st August 1993.