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TERMS AND CONDITIONS OF SALE

1. In these conditions “The Company” refers to CHARLES BOOTH LIMITED, “The Agreement” means these conditions together with any contract into which they may be incorporated by reference or otherwise and “Goods” shall where applicable include services.
   
2. All contracts of sale made by the Company are subject to these conditions to the exclusion of any and all printed terms or conditions of the buyer that shall not form part of the Agreement.    These conditions cannot be varied , suspended or added to except with the prior written consent of an Officer of the Company.
   
3. Prices quoted prior to purchase do not include either United Kingdom Value Added Tax or any duties levied in the purchaser’s country.
   
4. The purchaser shall pay in full by the due date specified on the invoice sent with the goods;  the  monthly statement sent at the beginning of each month will summarise purchases made since the last statement together with their due date for payment, and any outstanding balance.    Charles Booth Limited reserve the right to levy a surcharge at the rate of 2.5% per month of the total balance outstanding when goods are not paid for by the due date.
   
5. The goods remain the property of the Company until full payment for them has been received.
   
6. The Company will use its best endeavours to deliver goods according to the quoted next day delivery. However the Company shall not be responsible for any loss, injury, damage or expenses consequent upon any delay in the delivery of the goods.
   
7. Notwithstanding that the title to the goods may not have passed, the risk in the goods shall pass to the purchaser on delivery. The Company shall not be responsible for any damage, discrepancy or shortage in the goods unless the purchaser notifies the Company within 72 hours of delivery of the goods. In the event of the goods not reaching the purchaser, the Company shall not be responsible unless it is notified within 72 hours of the intended delivery time.
   
8. The goods supplied fall within the scope of the Quality System of the Company as a manufacturer and supplier.
   
9. All descriptive specifications and illustrations contained in the Company’s catalogues, price list or other publicity matter are intended to give a general indication of the goods supplied and are not precise and specific to that particular batch.  
   
10. The Company warrants that the goods will at the time of delivery be free from any defects due to faulty manufacture or bad workmanship.    At its own discretion the Company will remedy by replacement or repair any goods proven to be defective caused by faulty manufacture or workmanship.
    
11. Provided that the purchaser has complied with the requirements as to the notice contained in these conditions then the Company will, if satisfied upon examination of the goods that they are defective, without charge to the purchaser replace such goods and the Company will not be under any further liability to the buyer.
    
12. Subject as aforesaid, all conditions and warranties, whether expressed or implied and whether arising at Common Law or by Statute, are hereby expressly excluded and the Company shall not in any way be liable to the purchaser in respect of consequential loss, damage or injury howsoever arising.
    
13. The Conditions of Sale shall in their entirety apply to all goods sold by the Company and variation cannot be accepted, except where there shall be a specific individual written agreement between both parties.
14. The Company shall have a lien over all goods of the buyer in its possession for any sum due from the purchaser.
    
15. If either party is prevented, hindered or delayed from or performing any of its obligations by reason of Act of God, fire, flood, accident, explosion, war, riot, civil disturbance, strike or by reason of any cause beyond its control, it shall be under no liability to the other in respect of such obligation but the time for performing the same shall be extended until the cause of the delay has ceased.   
    
16. The Company shall be entitled without prejudice to its other rights and remedies to terminate all or part of the Agreement or any or every such contract to supply goods and to suspend deliveries in the event that any debt due and payable by the purchaser to the Company is unpaid or if the purchaser becomes insolvent.
    
17. The Company will, in the event of non-payment of amounts outstanding, take all actions it deems appropriate to recover them and any costs incurred in so doing.