In these conditions “we” means CK (Wholesale) Supplies Ltd; “you” means the person, firm or company purchasing the goods from us. “us”, “you”, “our” and “yours” should be interpreted accordingly. “Goods” means those items forming the subject matter of the contract between us, and “these conditions” means the terms and conditions set out below.
These conditions apply to any contract of sale of Goods to you to the exclusion of any other terms (whether express or implied) save any accepted or notified by us in writing. Any order from you gives rise to a binding contract with us when we have made delivery of the Goods to you. We will not accept orders for a value below our minimum order value limit which will be notified to you on request.
Prices are quoted exclusive of Value Added Tax which will be charged at the rate ruling at the date of invoice.
We will endeavour to charge those prices which are set out in our most current price list but prices are subject to alteration without prior notice and order will be invoiced at those prices ruling at the date of despatch.
Our product policy is one of continuous improvement; we therefore reserve the right to amend the specification of Goods without notice.
Goods will be delivered carriage paid home UK mainland. Where you require delivery to be made earlier than our usual quoted delivery period and despatch of goods is made by an alternative means we will be entitled to charge for delivery.
Any dates, times or periods of delivery of Goods quoted by us are estimates only and we shall not be liable for failure to meet any such estimates or for any costs, charges or expenses incurred as a result of any delay. You will not be entitled to refuse to accept Goods or to cancel your contract with us merely because of such failure.
Where our published literature indicates that Goods are supplied in cases of a minimum number of units, Goods will only be supplied in multiples of such minimums. Any order which is not for such a multiple will be grossed up to the nearest multiple and supplied and invoiced as such.
Notice of any claim relating to shortage of or damage to the Goods should be made to us by phone call to our head office within 72 hours of their receipt.
Unless otherwise agreed between us, payment for goods is due in 30 days. Payment will not be deemed to have been made until any and all cheques by which payment has been effected has been cleared or honoured as the case may be.
We reserve the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgement as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it. If for any reason the Late Payment of Commercial Debts (Interest) Act 1998 does not apply interest shall be payable on overdue amounts at 8% over the Bank of England Base Rate from time to time.
Without prejudice to our right to claim costs under the Late Payment of Commercial Debts (Interest) Act 1998, if for any reason any payment is not made when due we reserve the right to be paid on an indemnity basis any costs we incur in recovering any money due under this contract (and the costs of recovering such costs) including our administrative costs and any costs incurred with lawyers or debt collection agencies. Our administrative costs may include the cost of employing the staff concerned and the overheads attributable to them for the time spent. In calculating our administrative costs credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.
If proceedings are issued a minimum contribution of £ 200 (in addition to the fixed costs of issue) will be claimed towards any costs incurred with lawyers.
If any payment falls into arrears we may cancel or postpone performance of any contract with you in whole or part.
No claim by you against us will entitle you to any deduction, retention or withholding of any part of any sums due for payment under these conditions.
Risk of damage to the loss of the goods shall pass to you:
In the case of goods collected from our warehouse, at the time of collection.
In the case of goods delivered to you, at the time of delivery.
Notwithstanding delivery and the passing of risk in the goods or any other provision of these terms the property in the goods delivered shall not pass to you until we have received in cash or cleared funds payment in full of the price of the goods and all other goods agreed to be sold by us to you for which payment is then due.
Until such time as the property in the goods passes to you, you shall hold the goods as our fiduciary agent and bailee, and shall keep the goods separate from your other goods and those of third parties and properly stored protected and insured and identified as our property, but you may resell or process the purchased item or mix or combine it with other goods in the scope of your ordinary business only.
Until such time as the property in the goods passes to you (and provided the goods are still in existence and have not been resold), we may at any time require you to deliver up the goods to us and, if you fail to do so forthwith, enter on your premises or of any third party where the goods are stored and repossess the goods. All costs incurred by the recovery shall be charged to you.
Unless we are in breach of our obligations under these Conditions, you may cancel or suspend your contract with us only with our prior written consent following agreement between us as to any reimbursement which we require to compensate us for such cancellation.
This reflects the common law position.
We shall be entitled (without prejudice to any of our other rights) to terminate any contract between us forthwith if you:-
Become insolvent, or
Fail to pay any amounts falling due, whether under these Conditions or otherwise, to us within 30 days of the due date of payment; or
Suffer the appointment of a receiver, administrator, administrative receiver or receiver and manager; or
Commit a breach of any term of our contract with you or any other contract which we may have with you; or
Where you are a limited company pass a resolution for winding-up (other than for purposes of bona-fide amalgamation or bona-fide reconstruction).
We reserve the right to defer the date of delivery or to cancel the contract or reduce the volume of the goods ordered by You (without liability to You) if we are prevented from or delayed in the carrying on of Our business due to circumstances beyond our reasonable control for example, industrial disputes, acts of God, government actions, hostilities, terrorist attack, terrorist activity, accident, breakdown of plant or machinery.
These Conditions represent the entire agreement between us and supersede all earlier warranties, representations and statements (whether oral or in writing) and may only be varied or amended by agreement in writing between us.
Our contract with you is personal to you and you will not be entitled to assign the whole or any part of the benefit and/or burden of our contract without prior written consent.
The validity construction and performance of the contract between us will be governed by English law and we both submit to the non-exclusive jurisdiction of the English courts.