Terms and Conditions
Terms of Payment
All invoices are Nett unless otherwise stated on all APPROVED ACCOUNTS and are payable 30 days from date of invoice.
Value Added Tax
Where applicable,VAT will be added at the current rate.However, some products shown in our catalogue can be zero rated subject to certain conditions being met by the customer.
Prices are subject to alteration without notice. Every effort has been made to ensure price stability.
The customer is responsible to notify us WITHIN TWENTY FOUR HOURS of receipt of goods if any item is defective, damaged or short delivered.
Every care has been taken to ensure that all products are properly described. However, accuracy of description cannot be guaranteed. Illustrations are as a guide. Basic descriptions on products and design of containers may alter.
Minimum order value £30 nett of VAT. Orders less than this value will be subject to a small order surcharge of £10.00.
Means the person who buys or agrees to buy the Goods from the Company.
Means the Goods which the Company is to supply in accordance with these conditions.
Means Fairfield Care Products.
Means the standard terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Company.
Means the contract for the purchase and sale of the Goods.
The Company shall sell and the Customer shall purchase the Goods at the Company’s quoted price which is accepted by the Customer, or any written order of the Customer accepted by the Company, subject in either case to the Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made by the Customer. Variation to these conditions can only be agreed in writing by the Company.
The price of the Goods shall be the Company’s quoted or list price which is accepted by the Customer. If the Customer fails to pay for the Goods within the time specified under PAYMENTS clause, and provided the Goods have not been resold, the Company shall be entitled at any time to require the Customer to deliver up the Goods to the Company and, if the Customer fails to do so forthwith, to enter upon any premises of the Customer where the Goods are stored and repossess the Goods.This right to repossess the Goods shall continue to subsist notwithstanding the termination of the Contract for any reason and is without prejudice to any accrued rights of the Company.The Customer shall not be permitted to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company, but if the Customer does so all monies owing by the Customer to the Company shall, without prejudice to any other right or remedy of the Company, forthwith become due and payable.
Delivery of the Goods shall deemed to have been made by the Company delivering or attempting to deliver the Goods to the place notified by the Customer for delivery, or where the Customer is to arrange collection, by the Customer collecting them from the Company on a date notified by the Company for the purpose.
Risk & Property
Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the Conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other
Goods sold or agreed to be sold by the Company to the Customer for which payment is due. For these purposes payment shall be deemed to be due for the Goods or any goods as soon as an invoice for them has been issued. Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company’s fiduciary and bailee, and shall keep the Goods properly stored,protected and insured and identified as the Company’s property.
The Company shall not be liable to the Customer or deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Company’s reasonable control.
The Company shall be entitled to invoice the Customer on or after the date of actual or attempted delivery to the Customer or where the Customer is to collect the Goods the date notified of collection.
Unless otherwise agreed, invoices and accounts are due for payment 30 days after the invoice date, any discount offered is withdrawn automatically if accounts or invoices or any part thereof is overdue. Payment shall be deemed not to have been made until all cheques, drafts and bills by which payment is to be effected have been cleared or honoured, as the case may be.
The Company reserves the right to refuse to execute any Order of Contract if the arrangements of credit of the Customer appears to the Company to be unsatisfactory.
The Contract including these Conditions shall be governed by and construed in accordance with English Law. Should any dispute and/or claim arise between the parties hereto out of connection with this Contract which cannot be settled amicably shall be referred to arbitration in accordance with the Arbitration Act 1950 and/or any subsisting statutory modification thereof or substitution thereof.