KENT (UNITED KINGDOM) LIMITED AUTOMOTIVE & INDUSTRIAL PRODUCTS
TERMS AND CONDITIONS OF SALE SELLER
1. LIMITATION The terms of sale are EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS HEREIN CONTAINED. Any term or condition in any purchase order or other form in conflict with these terms and conditions hereby is expressly rejected and shall not be binding on Seller.
2. PRICES Prices are exclusive of all freight, insurance, and value added tax. Prices are those in effect at the time ship- ment is made.
a) Normally invoices will be issued under date of shipment with terms of net 15 days.
b) THIS INVOICE IS SUBJECT TO A LATE PAYMENT CHARGE OF 2% PER MONTH ON THE UNPAID BALANCE BEGINNING THE FIRST OF THE MONTH FOLLOWING DUE DATE.
c) Returned or cancelled merchandise will be subject to a 15% restocking charge.
a) The goods shall be at Buyer’s risk upon their delivery to Buyer.
b) The goods shall remain the property of the Seller until the price together with all interest due on all monies owed by Buyer to Seller in respect of the goods and on any other account whatsoever shall have been paid in full and, until such time, Buyer shall not be entitled to sell or otherwise dispose of the goods.
c) A Buyer accepts that Seller is entitled to sue for the price once the same is due even though the property and the goods has not passed to Buyer by virtue of (b) hereof (passing of title)
d) Failure on the part of Buyer to make payment for the goods when due shall give Seller the right (with- out prejudice to any other remedies) to repossess the goods with or without prior notice and to enter upon any premises in which the goods may be for the purposes of repossession.
a) Seller warrants that goods sold hereunder shall be free of defects in materials which are not commercially acceptable. This warranty does not apply to goods which: i) have been altered without Seller’s consent ii) have been subject to accident or damage after delivery to Buyer iii)have been improperly maintained or stored or sub- jected to abnormal use after delivery to Buyer
b) If, during the first twelve months after delivery to Buyer, the Buyer returns goods to Seller, at Buyer’s expense and risk, alleging a breach of warranty in (a) above, Seller shall, if claim is found to be valid, replace the goods at its own expense and send to Buyer at Seller’s cost and Buyer’s risk.
c) The warranty in (a) constitutes the full extent of Seller’s liability in respect of the goods and Buyer’s remedies are limited to those expressly set out in (b) above. The warranty in a) is expressly given in lieu of and to the exclusion of all other warranties conditions and representations express or implied and statutory or otherwise.
d) In no circumstances shall the Seller be liable for any indirect, consequential or incidental loss dam- age or injury of any kind (including without limitation, loss of revenue contracts of profit).
e) In addition, to the extent permitted by law, Seller shall not be liable for any loss damage or injury as aforesaid caused by the negligence of Seller or its employees.
f) The warranty in a) above only applies to replacement goods for the unexpired portion of the original warranty period.
Pitreavie Crescent • Pitreavie Business Park • Dunfermline • Fife KY11 8UQ • Tel: 01383 737393 • Fax: 01383 735829