Terms & Conditions Of Sale
5.4 Should the Buyer fail to make payment by the due date or when required, the Seller reserves the right without prejudice to any other remedy which it may have to cancel this contract and/or any other contract between the Buyer and Seller and/or to suspend delivery until payment shall have been made.
6. RETENTION OF TITLE
6.1 The title of the Goods shall not pass to the Buyer until all sums due or owing by the Buyer to the Seller on any account whatsoever, (including the contract for the supply of the Goods), have been paid in full.
6.2 So long as property in the Goods shall remain in the Seller the Goods shall be set aside from the Buyer's general stock of Goods and shall be marked with an indication that they remain the property of the Seller.
6.3 If the Buyer shall commit any breach of its obligations or shall make any default in payment or any sum due to the Seller under this or any other contract, or if any distress execution or other legal process shall be levied against the Buyer's property or assets, or the Buyer shall make or offer to make any arrangement or composition with its creditors, or any petition or order be presented or made against the Buyer, or if any resolution or petition to wind up the Buyer shall be presented or passed or any Administrative Receiver be appointed of all or any of its assets, then in each case the Seller shall have the right with or without prior notice at any time to take possession of the whole or any part of the Goods (and for that purpose to go onto any premises occupied by the Buyer or any subsidiary, parent or associated company of the Buyer) to the value of all sums due to the Seller, without prejudice to any other remedy of the Seller.
6.4 The Seller shall be entitled to maintain an action for the price of the Goods notwithstanding that the title of the Goods may not have passed to the Buyer.
6.5 The Buyer shall be entitled to sell in the ordinary course of its business any of the Goods which are the property of the Seller, on condition that the Buyer shall hold on trust for and on demand pay or transfer to the Seller (to the extent of any monies due to the Seller) the proceeds of such sale and all claims that the Buyer may have against its purchaser as a result of such sale.
7. GUARANTEE
7.1 If the Goods prove on inspection to be defective in material or workmanship, the Seller undertakes at its option to replace the same or refund to the Buyer the price of the Goods and in no circumstances will liability exceed the cost of replacement or the price paid by the Buyer of the Goods.
7.2 The liability of the Seller shall only apply to defects that appear under proper use and under conditions of the operation not more onerous than those declared to the Seller and, in particular, shall not apply to defects that arise from the Buyer's neglect, misuse or from normal wear and tear.