1.1. These terms are the standard trading terms which Hairwaves Limited by whom this form is used (called the “Seller”) contracts with a Buyer.
1.2. “Goods” mean all goods, part or other things to be sold by Seller to Buyer.
1.3. The Buyer will be deemed to have accepted these Terms of business if he gives instructions by any means for Goods to be supplied.
2.1. Price is based on prices current at the date of quotation: The seller reserves the right to increase rates if the prices to the Seller are increased between preparing the quotation and obtaining the Goods
3.1. Variation agreed between the Seller and the Buyer in Goods to be supplied shall be deemed to be intent to this transaction and shall not constitute a new transaction.
4.1. Seller will endeavour to deliver the Goods within the time agreed and if no time is agreed, within a reasonable time, but in no circumstances will the Seller be liable for loss or damage of any kind whatsoever caused directly or indirectly by any delay-in the delivery of the Goods, nor will any such delay entitle the Buyer to cancel or rescind the transaction.
5.1. All Goods shall be paid for before delivery unless credit has been agreed in advance.
5.2. Interest at the rate of 3% per month will accrue on all overdue payments from the date of invoice until payment.
5.3. If the customer fails to make any payment on the due date, then without prejudice to any other right or remedy available to the Seller, the Seller reserves the right to:
5.4. Charge interest on payment outstanding after the due date at the rate (both before and after judgment) of 3% per annum above the base rate of our bank in force on the due date for payment calculated on the outstanding balance (including interest) due from the date for payment down to receipt by Seller of payment.
5.5. Require Customer to make payment in advance of any delivery not yet made.
5.6. Not make any further deliveries to Customer.
6.1. Until all money due from the Buyer to the Seller whether under the Contractor or otherwise has been paid, full property in the Goods shall remain with the Seller and the Buyer shall be in possession of the Goods as bailer.
6.2. The Buyer will store the Goods separately and ensure that they are clearly marked as belonging to the Seller.
6.3. The Seller may inspect and/or recover the Goods at any time and for this purpose may enter any premises where the Goods are stored
6.4. The authority to sell, convert and incorporate given may be revoked at any time by the Seller and will automatically determine if the Buyer has receiving order made against him or is made bankrupt or (where the Buyer is a limited company) enters into liquidation or has an Administrative or Receiver appointed over any of assets.
6.5. To the extent necessary to pay all money due to the Seller whether under the transaction or otherwise the proceeds of sale of the Goods shall be received and held by the Buyer on trust for the Seller and at the Seller’s request will be paid into separate bank account.
6.6. Risk shall pass a delivery to the buyer or the carrier whichever is earlier.
7.1. Unless otherwise agreed delivery of Goods shall be ex-works from the Seller’s premises.
7.2. The Seller reserves the right to make deliveries and/or services by instalments and to render a separate invoice in respect of each such instalment
7.3. If the Seller exercises its right to make deliveries and/or services in accordance with subparagraph (7.1) above, then any delay in the provision of such deliveries/and or services, or failure to deliver any further instalment, shall not entitle the Buyer to reject the Contract or the delivery/service of any other instalment or to withhold services, or failure to deliver any further instalments, shall not entitle the Buyer to reject the Contract or the delivery/service of any other instalment or to withhold payment in respect of any instalment previously delivered/ serviced.
8.1. The Seller will be under no liability under the transaction for any personal injury, death, loss or damage of any kind whatsoever, whether consequential or otherwise, including but not limited loss of profits and the Seller hereby excludes all conditions, warranties and stipulations express or implied, statutory, customary or otherwise-which but for such exclusion would or might subsist in favour of the Buyer except that such exclusion will not apply to:
8.1.1. Any implied condition that the Seller has or will have the right to sell the Goods when the property is to pass; or
8.1.2. When the Buyer deals as consumer (as defined in Section 12 of the Unfair Contract Terms Act 1977), any implied term relating to description, merchantability, quality, fitness or sample.
8.1.3. In no circumstances will the Seller or its servants, agent or sub-contractors be liable for any loss or damage of any kind whatsoever (except arising from death or personal injury) whether consequential or otherwise, caused directly or indirectly, by any negligence on the part of the Seller, or on the part of any of its servants, agents or subcontractors, in connection with or arising out of the manufacture or supply of Goods or in connection with any advice or statement given or made by or on behalf of the Seller.
9.1. The Seller will use reasonable endeavour to make over to the Buyer the benefit of any warranty or guarantee given by the manufacturer
10.1 Notice is hereby given to the Buyer that the instructions for use, cautionary notices, and other technical notices and information are supplied to the Buyer with Goods and the Buyer agrees to observe respect and comply with the same and to pass on the same to its customers in the event of a sale or conversion.
11.1. This contract is divisible. Each delivery made hereunder shall be deemed to arise from a separate contract and shall be invoiced separately; any invoice for a delivery shall be payable in full in accordance with the terms of payment provided for herein, without reference to and notwithstanding any defect of default in delivery of any other instalment.
12.1. Goods will only be accepted back if faulty under warranty conditions.
12.2. Goods will not be accepted back under any conditions if,
12.2.1. The Goods have been altered in any way whatsoever or have been subject to misuse or unauthorised repair: or
12.2.2. The Goods have been improperly installed or connected (unless the Seller carried out the installation and connection), or
12.2.3. The Buyer has failed to observe or perform the requirements of any maintenance procedures relating to the goods; or
12.2.4. The Buyer has failed to notify the Seller of any defect immediately the same comes to the knowledge of the Buyer, or
12.2.5. The Buyer is in breach of this or any other contract made with the Seller
13. All written notices given by the Seller to the Buyer shall take effect 2 days after being dispatched by pre-paid 1st class post.