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These terms and conditions of sale are these which govern the
sale of all Northern Feather LTD’s (NF) goods and products
(the goods) exclusively notwithstanding any purported variation
contained on any order or written correspondence submitted by
you, the Customer, to NF unless such variation is expressly agreed
to in writing signed by a duly authorised officer of NF.
The price quoted excludes VAT (unless otherwise stated). VAT will
be charged at the rate applying at the time of delivery. Rates
of tax and duties on the goods will be those applying at the time
of delivery. At any time before delivery we may increase the price
to reflect any increase in the costs of supplying the goods. Our
quotations lapse after 30 days (unless otherwise stated). We may
make a surcharge for small orders or to cover postage on small
orders, this will be advised at the time of ordering.
All risks whether insurable or otherwise relating to the goods
shall, subject to the Reservation of Title clause set forth at
condition 6 below, pass to you, the customer upon delivery of
the goods to you or to such place or places as you shall direct.
Each part delivery or instalment of the goods shall be deemed
to be sold under a separate contract and no default by the company
in respect of any part delivery or instalment thereof shall entitle
you, the Customer, to treat the Contract as repudiated in regard
to any balance or instalment remaining deliverable. NF reserves
the right to subcontract in fulfilment of any of your order or
any part thereof.
Payment for goods shall, unless otherwise agreed in writing, be
made to NF which in such number of days as the dispatch of any
invoice in respect thereof as shall previously have been agreed
between NF and the customer and in default any such agreement
within 30 days of the date of such despatch. Late payments will
be pursued under SI no 388/2002: European Communities (late payment
in commercial transactions) regulations 2002 (Ireland) or The
late payments in commercial debt regulations (“the regulations”)
2002 which amend the late payment of commercial debt (interest)
Act 1998 (“The Act”). All sums due to NF shall be
paid when due without deduction and payment shall not be deferred
or postponed by you, the customer, on account of any claim, counterclaim
or setoff.
1. A condition precedent to
recovery for total or partial loss of a shortage (including weight)
in or damage to any goods or any delay in delivery or dispatch
or in respect of the quality or condition of any goods supplied
by NF, every claim must be made by telephone, fax or email to
the Company in the first instance immediately on receipt of the
goods and confirmed subsequently by letter to NF so as to reach
NF within 3 days of delivery of the goods in question. NF must
be afforded an opportunity to inspect any such goods and to take
such samples and perform such tests thereon as they may reasonably
require.
2. Where the Customer intends to make a claim
against NF, it must reserve all rights against the carrier of
the goods by fax or letter and by way of endorsement to the
POD or consigned docket if required.
3. Where the goods are damaged or defective
for any reason including negligence on the part of NF, its servants
or agents, NF’s own liability , if any shall be limited
to the replacement of the goods.
4. NF shall not in any circumstances, whatsoever
be liable for any consequential loss incurred by the Customer
or any person in respect of the goods supplied hereunder.
5. Where the goods supplied by NF are reprocessed
after leaving NF’s possession, the customer shall at all
times keep NF indemnified against any claims for damages, loss
or injury the third parties.
6. Until you pay all debts you may owe NF,
all goods supplied by NF remain our property. You must store
them so they are clearly identifiable as our property. You must
insure them (against the risk for which a prudent owner would
insure them) and hold a policy on trust for us. You may use
those goods and sell them in the ordinary course of business
but not if we revoke that right (by informing you in writing)
or you become insolvent. You must inform us (in writing) immediately
if you become insolvent. If your right to use and sell the goods
ends you must allow us remove the goods. We have your permission
to enter any premises where the goods may be stored and inspect
them and remove them for the purpose of repossessing the said
goods, using reasonable force if necessary.
In the event of the Customer selling the goods to third parties
in the normal course of the Customers business (but not otherwise)
the customer shall do so as an agent of NF and an amount equal
in value to the proceeds of any such sale shall be held or dealt
with by the Customer upon trust for and on behalf of NF until
the goods shall have been paid for in full and the Customer
in hereby deemed to have assigned to NF, absolutely the benefit
of any claim (including but not limiting the right to trace
the said goods or proceeds of sale thereof) which the Customer
has against any third party arising from such sale. Despite
NF’s retention of title to the goods, we have the right
to take legal proceedings to recover the price of the goods
supplied should you not pay NF by the due date.
Each and every clause, sub clause and provision shall be separate
and enforceable accordingly and the invalidity of any clause or
provision as aforesaid shall not affect the enforceability or
validity of any other provision.
NF shall not be liable for any delay, loss or damage whatsoever
arising out of Acts of God, government orders, strike, lock outs
or other industrial disputes, inability to secure labour, materials
supplies at commercial rates, accidents, plant breakdowns, wars,
civil commotion or any other circumstances (whether the forgoing
class or not) beyond the control of NF and all contracts are subject
to cancellation or variation as may necessary due to force majeure.
NF warrants that the goods supplied shall be of merchantable quality.
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