1. Definitions
1.1 “Buyer/You” means the Account Applicant or person who buys or agrees to buy Goods from the Seller.
1.2 “Conditions” means the Terms and conditions of Sale set out in this document and any special conditions agreed in writing by the seller.
1.3 “Contract” means the contract for the sale and purchase of the Goods;
1.4 “Goods” means the articles the buyer agrees to buy from Future Network Distribution Ltd
1.5 “Seller/Us//We” means Future Network Distribution Ltd of Cherwell Business Village, Southam Road, Banbury Oxfordshire. OX16 2SP.
2. Conditions
2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with any written order of the Buyer which is accepted by the Seller subject to these Conditions which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer.
2.2 These Conditions do not affect your statutory rights as a consumer. If you are a consumer, please contact us.
2.3 No amendment to these Conditions shall be effective unless it is in writing and signed by or on behalf of the Seller and the Buyer.
2.4 Acceptance of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
3. Prices
3.1 The Price of the Goods shall be the price as set out in the Seller’s current price list and as quoted to the Buyer plus any additional cost if applicable.
3.2 If the Seller changes its prices for Goods between receipt of order from the Buyer and dispatch to the Buyer, the Seller will notify the Buyer who will then be entitled to cancel the order and receive a full refund. If the Seller does not receive notice of cancellation within 3 days of receipt of notice from the Buyer, the Buyer will be deemed to have accepted the change in price.
3.3 All prices are exclusive of VAT and charges for packing, postage and carriage (plus VAT) which shall be paid in addition.
3.4 The total purchase price, including VAT and Delivery charges will be displayed in the Buyer’s total prior to confirming the order.
3.5 The Seller shall be entitled to invoice each delivery of Goods separately.
3.6 Unless otherwise agreed in writing by the Seller, payment is due in full not more than 30 days from the date of invoice. Time for payment shall be of the essence and any failure to pay shall entitle the Seller at its option to treat the contract as repudiated by the Buyer or to delay delivery until paid.
3.7 If any act or proceedings shall be commenced in which the Buyer’s solvency is concerned, all monies under ant transaction covered by these Conditions shall become immediately due and payable.
3.8 If full payment is not made to the Seller, the Seller may withhold or suspend future or current deliveries of the product under any other agreement with the Buyer.
4. Interest on Overdue Invoices
4.1 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment before as well as after any judgment at 4.5% above the base rate of HSBC Bank compounded monthly.
5. Delivery
5.1 Whilst every reasonable effort shall be made to keep any delivery date, time of delivery date, time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any person or company arising directly or indirectly out of any failure to meet any estimated delivery date. Failure shall not be deemed to be breach of the contract, or these Conditions.
5.2 Delivery of the Goods shall be made to the Buyer’s address and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.3 The Seller reserves the right to deliver Goods in installments.
5.4 Where Goods are delivered in installments, each delivery will be a separate and distinct contract and failure by the Seller to deliver, or any claim by the Buyer in respect of, any stage shall not entitle the Buyer to reject or terminate this contract as a whole.
5.5 Where Goods are delivered by a third party carrier, the Seller shall have no liability to the Buyer for any failure to deliver the Goods on or before any agreed time or date. The Seller’s maximum liability for any such failure shall be the charges paid to the carrier in respect of any such delivery.
6. Inspection, Delay and Non-Delivery of the Goods
6.1 The Goods must be inspected by the Buyer or an authorized representative of the Buyer, as soon as possible after the delivery of the Goods. The Buyer must give notice in writing to the Seller within 3 days of delivery setting out in detail any defect in the Goods including any shortages, and any other complaint which the Buyer may have in relation to the Goods.
6.2 If the Buyer does not advise the Seller as set out in Condition 6.1, then the goods shall be deemed to be in accordance with the contract and free from defect and the Buyer shall be deemed to have accepted the Goods accordingly. After the Buyer accepts the Goods it will not be entitled to reject the Goods which are not in accordance with the contract.
6.3 Except as above, the Seller under no circumstances will be liable to compensate the Buyer in damages or otherwise for non-delivery or late delivery of the Goods or any of them for whatever reason or for any loss consequential or otherwise arising from non-delivery or late delivery.
6.4 In spite of the Seller having delayed or failed to deliver the Goods promptly, the Buyer shall be bound to accept delivery and to pay for the Goods in full providing that the delivery shall be tendered at any time within 14 Days of the delivery date.
7 Cancellations, Faulty Goods & Return of Goods
7.1 Cancellations or part cancellations cannot be accepted unless the Buyer reaches agreement with the Seller and the Seller confirms cancellation in writing to the buyer.
7.2 Goods may not be returned to the Seller without the Seller’s prior consent. Request for return of unwanted goods must be within 3 days of dispatch. The Seller reserves the right to make a handling charge of £30 or 25% of the original invoice value of the goods which ever shall be the greater. All goods returned must be unused, complete, in original undamaged packaging and be sent carriage and insurance paid.
7.3 Incorrectly ordered Goods by the Buyer can be returned to the Seller with the Seller’s prior consent. Request for return of unwanted goods must be within 3 days of dispatch. The Seller reserves the right to make a handling charge of £30 or 25% of the original invoice value of the goods which ever shall be the greater. All goods returned must be unused, complete, in original undamaged packaging and be sent carriage and insurance paid.
7.4 If upon receipt, one or more products appear to be faulty please contact the seller who will carry out all the necessary actions to resolve the issue in a quick and timely manner. If agreed a replacement order will be dispatched and collection will be arranged of the faulty Goods in question. Please note that should we receive back a product that after many checks is not faulty a charge of £30 will be administered. In addition any delivery cost incurred by the Seller will be charged to the Buyer.
8 Title and Risk
8.1 Risk of damage to or loss of the goods shall pass to the Buyer upon delivery.
8.2 Notwithstanding delivery and the passing of risk in the Goods property in the Goods shall not pass from the Seller until the seller has received either cash or cleared funds in respect of the full amount due (inc VAT), and
8.2.2 No other payments are due from the Buyer to the Seller.
8.3 Until property in the product passes to the Buyer in accordance with condition 8.2 the Buyer shall store the Goods, at no extra cost to the Seller, in such a way as to be clearly separate and identifiable from the Buyer’s other Goods. The Buyer will allow the Seller the right to enter onto the Buyer’s premises for the purpose of recovering such Goods at any time until payment.
8.4 Notwithstanding that the Goods remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller’s property by the Buyer on the Seller the entire proceeds of the sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller’s money.
