DRY ICE SUPPLY (UK) LTD – STANDARD TERMS & CONDITIONS 1. DEFINITIONS
In these conditions, the “Company” means Dry Ice Supply (UK) Ltd, the “Customer” means the person or firm contracting with the Company as the buyer of the Goods and the “Goods” means solid dry ice, which is the subject matter of the contract between the Company and the Customer. 2.
EFFECTIVE DATE 7th May 2013
3.
GENERAL
4.
PRICE
5.
PRICES & PAYMENTS
These conditions shall apply to all contracts entered into by the Company.
Every contract with the Company for the sale of Goods is subject to these Conditions of Sale. All other terms, conditions and warranties attempted to be introduced by the Customer, whether express or implied are hereby excluded with the exception of conditions expressly accepted by the Company in writing.
All goods will be invoiced at an agreed price.
5.1 Invoices are payable before despatch unless credit terms are previously agreed in writing. On credit accounts, latest payment date is the 30th day of the month following the date of dispatch or according to contract.
5.2 Interest on overdue accounts will be charged at the rate of 2% per month, calculated on a daily basis on sums due from the Customer calculated from the final due date until the date of payment. 5.3
The Company reserves the right to set off.
Dry Ice Supply (UK) Ltd.
Terms & Conditions
6.
WEIGHTS
6.1 All weights are net of packaging and correct at the time of despatch.
6.2 All rigid returnable containers, provided for transportation of solid dry ice, remain the property of the Company and are subject to an agreed container rental charge.
The customer shall be responsible for loss or damage to the containers whilst they are in its custody. Lost or damaged containers will be invoiced to the Customer, at the full replacement cost or repair cost, whichever is the lower. 7.
SAFETY
All products purchased from Dry Ice Supply (UK) Ltd must be used, stored and disposed of in accordance with the safety guidelines provided by the Company.
All products supplied must not be used in such a way that they cause damage to property, persons or animals. 8.
DELIVERY
8.1 The Company shall deliver goods or they will be collected by a specified time and date. The Company cannot accept liability for any time variance.
8.2 Delivery shall be deemed to take place when the goods are delivered to the premises of the Customer or when collected from our premises. 9.
PROPERTY & RISK
9.1 Liability for damage to the Goods passes to the Customer at the time of delivery or collection.
9.2 Title to the goods remains with the Company until all indebtedness to the Company is paid in full.
9.3 They shall be stored and identified as Goods of the Company as far as is reasonably practicable.
9.4 If any of the events or circumstances referred to in Clause 9.3 occurs, the Customer grants the Company an irrevocable licence to enter on to the Customer’s premises to recover goods then unpaid for. Such licence shall be unaffected by the appointment of a receiver, manager or liquidator. Dry Ice Supply (UK) Ltd.
Terms & Conditions
10.
ACCEPTANCE
11.
LIMITATION OF LIABILITY
11.1
the replacement of the Goods shown to be defective or
12.
FORCE MAJEURE
Delivery constitutes acceptance of the goods, unless the Customer complains at the time of delivery. If complaint is not made then it shall be for the Customer to satisfy the Company that there was good reason for the delay. Any Customer who fails to make complaint in accordance with this condition shall not subsequently be entitled to complain of or have any remedy in respect of damage to or defects or shortage in Goods supplied. The Companies liability is restricted to:-
11.2 to a refund of the amount charged by the Company to the Customer in respect thereof.
12.1 Neither party shall be liable for any loss, damage or injury occasioned to the other party by default in the performance of any obligation under these Conditions of Sale if the default is caused by any occurrence whatsoever which is not within the control of the defaulting party including but not limited to industrial action, accident, power failure, breakdown of plant or machinery, order of any government authority, whether at port, local, national or European Community level and subject to Clause 12.2 shortage of supplies required for or in connection with the manufacture of the product. The defaulting party will give the other party written notice of the occurrence at the earliest opportunity. Refusal by a Customer to accept delivery does not itself constitute force majeure unless notification is received prior to the date for delivery of any occurrence which in itself shall be construed as force majeure.
12.2 If as the result of an occurrence covered by Clause 12.1 the Company is delayed in or prevented from delivering the contract quantity at the due time or times, the Company may on giving the Customer at the earliest opportunity written notice of the fact, withhold, suspend or reduce deliveries to such extent as the Company in its discretion thinks fit. The Company shall use its best endeavour to purchase equivalent supplies to make good shortages caused by such occurrence but shall not be obliged to purchase at a higher price than the contract price for the goods in question. 12.3 Where force majeure has been declared by the Company the Customer may cancel the contract or the balance outstanding without giving any liability to the Company after first giving written notice to the Company at the earliest opportunity.
12.4 Without prejudice to the foregoing provisions of the clause the parties shall agree whether to extend the period for performance of the contract or to cancel it. Dry Ice Supply (UK) Ltd.
Terms & Conditions
13.
LAW & JURISDICTION
The construction validity and performance of the contract and matters pertaining thereto shall be governed in all respect by British Law and subject to the jurisdiction of the British Courts
Dry Ice Supply (UK) Ltd.
Terms & Conditions