Terms & Conditions Of Sale
4.2 Late delivery shall not be a ground for cancellation or refusal to take delivery of the Goods and the Seller shall not be liable for any loss, including consequential loss or damages resulting from such delays.
4.3 The Seller shall not be liable for any delay in delivery or non-delivery of the Goods caused by any circumstances beyond the Seller's control, including without limitation any Act of God, explosion, fire, flood, war, hostilities, accident, delay in delivery or non-delivery by the Seller's suppliers, breakdowns or accidents to machinery, labour strike or dispute, order of decree of any court, or action of any Governmental authority and, on the occurrence of any of the above events, the Seller reserves the right to cancel or suspend the whole or part of any delivery.
4.4 Where the Seller concludes the contract off carriage and/or insures the Goods in transit, the Seller shall be deemed to be acting solely as the Buyer's agent and sections 32(2) and 32(3) of the Sale of Goods Act 1979 shall not apply.
4.5 If the Goods or any part thereof are damaged or lost while in the custody of a carrier, the Seller will, at its sole option, either replace such Goods or part thereof, or refund to the Buyer the cost or price of the same.
4.6 The Seller shall not be liable for non-delivery of a whole consignment of the Goods, unless the Buyer informs the Seller in writing within twenty days of the date of the Invoice.
4.7 The Seller shall not be liable for damage to the Goods or loss of part of a consignment unless the delivery note is endorsed accordingly and the Buyer notifies the Seller within forty-eight hours of the delivery and confirms such notification in writing within five days.
5. PAYMENT
5.1 Payment for the Goods shall be made in full within thirty days of the month in which the Goods are invoiced by the Seller without deduction or set off.
5.2 The Seller shall have the right to claim and be paid interest at the rate of four percent per annum above the Basic Rate for the time being of Lloyds Bank Plc, calculated on a day-to-day basis, on all sums due to the Seller and unpaid for the period from the date upon which payment is due, until the date upon which payment is made, both before and after any judgment, but nothing herein shall entitle the Buyer to withhold or delay any payment due to the Seller after the date upon which it falls due, or in any way prejudice or effect the Seller's rights in relation to the said non-payment.
5.3 The Seller may at any time require the Buyer to make payment in advance of delivery.