1. This Price List cancels all previously published price lists.
2. All prices quoted in this Price List are subject to alteration without prior notice.
3. All Prices are exclusive of VAT which shall be charged at the prevailing rate .
4. The minimum order value is £75.00 Nett excluding VAT.
5. Orders of £150.00 and over (nett ex vat) are carriage paid within the UK and £300.00 and over (nett ex vat) to Eire only.
6. Orders below the minimum order value stated above will be subject to a carriage charge calculated at 10% of the order value.
7. All export orders are FOB (Free on Board) London.
8. Settlement terms are monthly nett. The Seller reserves the right to charge interest at the rate 1.50% pm on all overdue amounts.
9. The “Buyer” means the person, firm or company who buys or agrees to buy Goods from the Seller. The “Seller” means Jakar International Limited.
10. The Buyer shall inspect the Goods immediately upon receipt and shall advise the Seller of any damaged or defective goods within 3 working days from receipt of good and in the absence of proof of delivery within 6 working days from date of dispatch.
11.1 The Seller remains the owner of the Goods until the Seller has been paid in full for such Goods, including all other sums which are or which become due to the Seller from the Buyer on any account.
11.2 Until ownership of the Goods has passed to the Buyer, the Buyer is required:-
11.2.1 To hold the Goods on a fiduciary basis as the Seller’s Bailee; and
11.2.2 To store the Goods (at no cost to the Seller) separately from other Goods belonging to the Buyer or any third party in such a way that they remain readily identifiable as the Seller’s property; and
11.2.3 To maintain the Goods in satisfactory condition and keep insured such goods on behalf of the Seller for their replacement value against all risks to the Seller’s reasonable satisfaction. On the Seller’s request, the Buyer shall produce the Policy of Insurance; and
11.2.4 To hold the proceeds of the Insurance referred to under Condition 11.2.3 on trust for the Seller and not to mix them with any other money, nor pay the proceeds into an overdrawn bank account.
11.3 The Buyer’s right to possession of the Goods shall terminate immediately if:-
11.3.1 There is a Bankruptcy Order made against the Buyer or the Buyer makes an arrangement or composition with its creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a Receiver and/or Manager, Administrator or Administrative Receiver appointed of the Buyer’s Undertaking or any part thereof or a Resolution is passed or a Petition is presented to any Court for the Buyer’s Winding-up or for the granting of an Administration Order, or any proceedings are commenced relating to the insolvency or possible insolvency; or
11.3.2 The Buyer suffers or allows any execution, whether legal or equitable, to be levied on the Buyer’s property or obtained against the Buyer or fails to observe/perform any of the Buyer’s obligations under this Contract or any other Contract between the Seller and the Buyer, or is unable to pay the Buyer’s debts within the meaning of Section 123 of the Insolvency Act 1986 or has ceased to trade; or
11.3.3 The Buyer encumbers or in any way charges any of the Goods.
11.4 The Seller shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed to the Buyer.
11.5 Should any of the circumstances referred to under Condition 11.3 arise, the Buyer shall grant the Seller, the Seller’s Agents and Employees an irrevocable license at any time to enter any premises where the Goods are or may be stored.
11.6 The right to cover from such premises (i.e. their warehouse or retail outlets etc.) any items or goods listed on any outstanding or part paid invoices without the need for the Seller to specifically identify whether or not such goods have or have not been paid for provided it can be clearly determined by labels, barcodes, brand names and other markings that the goods were supplied by the Seller.
12. In the event of fluctuations in the exchange rate in excess of 5%, the Seller reserves the right to increase prices previously quoted to you on imported Goods, in order to reflect the seller’s increased costs.
13. If any act or proceedings shall be commenced by the Seller and/or any third party in which the Buyer’s solvency is concerned, all monies under any transaction covered by these Conditions shall become immediately due and payable.
14. Goods which are supplied and delivered on loan for display purposes may only to be used to display products supplied by the Seller.
15. Liability: In the event of any breach of these Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential damage.