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Terms & Conditions.
(as recommended by the British Antique Dealers’ Association
and registered under the Restrictive Trade Practices Act
1976) |
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Interpretation
In these terms and conditions:
“ Customer means the person who accepts a quotation of the Seller
for the sale of the Goods or whose order for the
Goods is accepted by the Seller and/or the person referred to overleaf
“
Goods” means the antique(s) and/or work(s) of
art, which the Seller is to supply in accordance with
these Conditions:
“ Seller means Christine Bridge Antiques.
“
Conditions” means these terms and conditions
of sale and (unless the context otherwise requires)
includes any
special terms and conditions agreed in writing between
the Customer
and
the Seller;
“
Contract” means the contract for the sale and
purchase of the Goods.
“
Writing” includes telex, cable, facsimile, email
transmission and comparable means of communication.
1.1 Any reference in these Conditions to any provision of a statute
shall be construed as a reference to that provision as amended,
re-enacted or extended at the relevant time.
1.2 The headings in these Conditions are for convenience only and
shall not affect their interpretation
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Basis of the Sale
2.1 These Conditions shall apply to the Contract and govern
the Contract to the exclusion of any other terms and conditions
which the Customer may purport to apply under any purchase
order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by
the Customer to purchase Goods pursuant to these conditions.
2.3 No variation to these Conditions shall be binding unless
agreed in Writing by the Seller.
2.4 The Seller’s employees or agents are not authorised
to make any representations concerning the Goods unless confirmed
by the Seller in Writing. In entering into the Contract the
Customer acknowledges that it does not rely on, and waives
any claim for breach of, any such representations, which
are not so confirmed.
2.5 Any typographical, clerical or other error or omission
in any quotation, price list, acceptance of offer, invoice
or other document or information unused by the Seller shall
be subject to correction without any liability on the part
of the Seller.
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Orders
3.1 No order submitted by the Customer shall be deemed
to be accepted by the Seller unless and until confirmed
in Writing
by the Seller’s authorised representative.
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Price of the Goods
4.1 The price of the Goods shall be the price set out overleaf.
4.2 Except as otherwise stated under the terms of any quotation
or in any price list of the Seller, all prices are given by
the Seller on the basis of delivery to the Customer at the
Seller’s
premises, the Customer shall be liable to pay the Seller’s
charges for transport, packaging and insurance (“Transport
costs”)
4.3 The price is exclusive of any applicable value added tax,
which the Customer shall be additionally liable to pay to the
Seller.
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Terms of Payment
5.1 Customer shall pay the price of the Goods together
with any applicable value added tax and transport costs
(on delivery
or within 30 days of the date of the Seller’s invoice).
If payment by cheque is accepted that acceptance is conditional
upon payment in full on first presentation. The time of payment
shall be of the essence of the Contract. Receipts for payment
will be issued only upon request.
5.2 If the Customer fails to make any payment on the due date
then, without prejudice to any other right or remedy available
to the Seller, the Seller shall be entitled to:
5.2.1 Cancel the Contract or suspend any further deliveries to
the Customer.
5.2.2 Appropriate any payment made by the Customer to such of
the goods 90r the goods supplied under any other contract between
the Customer and the Seller) as the seller may think fit (notwithstanding
any purported appropriation by the Customer): and
5.2.3 The Charge the Customer interest (both before and after
any judgment) on the amount unpaid, at the rate of two per
cent. Per annum above the National Westminster Bank Plc’s
base rate from time to time, until payment in full is made
(a part
of the month being treated as a full month for the purpose
of calculating interest).
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Delivery
6.1 Delivery of the Goods shall be made to the Customer
at the Seller’s premises at any time after
the Seller has notified the Customer that the Goods
are
ready for collection or, if
some other place for delivery is agreed by the Seller,
by the Seller delivering the Goods to that place.
6.2 Any dates quoted for delivery of the Goods are approximate
only and the Seller shall not be liable for any delay in delivery
of the Goods howsoever caused. Time for delivery shall not be
of the essence. The Goods may be delivered by the Seller in advance
of the quoted delivery date upon giving reasonable notice to
the Customer.
6.3 Where the Goods are to be delivered in instalments, each
delivery shall constitute a separate contract and failure by
the Seller to deliver any one or more of the instalments in accordance
with these Conditions or any claim by the Customer in respect
of any one or more instalments shall not entitle the Customer
to treat the Contract as a whole as repudiated.
6.4 If the Seller fails to deliver the Goods for any reason
other than any cause beyond the Seller’s reasonable control or
the Customer’s fault and the Seller is accordingly liable
to the Customer, the Seller’s liability shall be limited
to the excess (9f any) of the cost to the Customer (in the
cheapest available market) of similar goods to replace those
not delivered
over the price of the Goods.
6.5 If the Customer fails to take delivery of the Goods or
fails to give the Seller adequate delivery instructions at
the time
stated for delivery (otherwise than by reason of any cause
beyond the Customer’s reasonable control or by reason of the Seller’s
fault) then, without prejudice to any other right or remedy
available to the Seller, the Seller may:-
6.5.1 store the Goods until actual delivery and charge the Customer
for the reasonable costs (including insurance of storage: or
6.5.2 sell the Goods at the best price readily obtainable and
(after deducting all reasonable storage and selling expenses)
account to the customer for the excess over the price under Contract
or charge the Customer for any shortfall below the price under
the Contract.
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Risk and property
7.1 Risk of damage to or loss of the Goods shall pass to the
Customer:
7.1.1 in the case of Goods to be delivered at the Seller’s
premises, at the time of delivery or when the Seller notifies
the Customer that the Goods are available for collection,
whichever shall be applicable: or
7.1.2 In the case of Goods to be delivered otherwise than
at the Seller’s premises, at the time of delivery or,
if the Customer wrongfully fails to take delivery of the
Goods,
the
time when the Seller has tendered delivery of the Goods.
7.2 Notwithstanding delivery and the passing of risk in the Goods,
or any other provision of these Conditions, the property in the
Goods (shall not pass to the Customer until the Seller has received
in cash or cleared funds by the Seller to the Customer for which
payment is then due.)
7.3 Until such time as the property in the Goods passes to
the Customer, the Customer shall hold the Goods as the Seller’s
fiduciary agent and bailee.
7.4 Until such time as the property in the Goods passes to
the Customer the Seller shall be entitled at any time to
require
the Customer to deliver up the Goods to the Seller and, if
the Customer fails to do so forthwith, to enter upon any
premises
of the Customer or any third party where the goods are and
repossess the Goods.
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Warranties and liability
8.1 Subject as expressly provided in these Conditions and except
where the Goods are sold to a person dealing as a consumer
(within the meaning of the Unfair Contract Terms Ace 1977),
all warranties, conditions or other terms implied by statute
or common law are excluded to the fullest extent permitted
by law.
8.2 Where the Goods are sold under a consumer transaction (as
defined by the Consumer Transactions (Restrictions on Statements)
Order 1976) the statutory rights of the Customer are not affected
by these Conditions.
8.3 Any representation or statement by the Seller as to the authorship,
origin, date, age medium, attribution, genuiness, provenance
or condition is a statement of opinion only based on the generally
accepted opinion of scholars and experts current at or about
the time of sale.
8.4 All goods are sold with all faults and imperfections and
the Buyer should satisfy himself by inspection as 5to their condition
and otherwise and rely on his own judgment.
8.5 Except in respect of death or personal injury caused by
the Seller’s negligence, the Seller shall not be liable
to the Customer by reason of any representation or any implied
warranty,
condition or other term or any duty at common law or under
the express terms of the Contract, for any consequential loss
or
damage (whether for loss or profit or otherwise howsoever),
costs, expenses or other claims for consequential compensation
whatsoever
(and whether caused by the negligence of the Seller, its employees
or agents or otherwise) which arise out of or in connection
with the supply of the Goods or their use or resale by the
Customer,
except as expressly provided in these Conditions.
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Export terms.
9.1 Where the Goods are to be exported from the United Kingdom,
the provisions of this paragraph 9 shall (subject to any special
terms agreed in writing between the Customer and the Seller)
apply notwithstanding any other provision of these Conditions.
9.2 If because of the intention n to export the Goods the
supply of the Goods is zero rated or not subject to value
added tax
the Customer shall take all necessary steps to export the Goods
within the time limits and in accordance with the requirements
of HM Customs and Excise and shall notify HM Customs and Excise
of the export. The Customer shall indemnify the Seller against
any claims made against the Seller for Value added tax or other
expenses or penalties charged by HM Customs and Excise because
of the Seller’s failure to observe the said requirements.
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General
10.1 No waiver by the Seller of any breach of the Contract by
the Customer shall be considered as a waiver of any subsequent
breach of the same or any other provision.
10.2 The Contract and any interest therein is not assignable
by the Customer
10.3 If any provision of these Conditions is held by any competent
authority to be invalid or unenforceable in whole or in part
the validity of the other provisions of these Conditions and
the remainder of the provision in question shall not be affected
thereby.
10.4 The laws of England shall govern the contract and the Buyer
hereby submits to the non-exclusive jurisdiction of the English
Courts.
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