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Yasmins Imports & Exports Ltd
Terms & Conditions For Sale Of Goods
THESE TERMS GOVERN OUR CONTRACTUAL RELATIONSHIP WITH YOU AND ARE BINDING ON US BOTH.
  1. Formation Of Contract
    1. We agree to sell to you and you agree to buy from us.
    2. No addition, alteration, substitution or waiver of these terms and conditions will be binding on us unless expressly accepted in writing by one of the directors.
    3. Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods.
  2. Specification
    1. The goods shall be in accordance with the description given and any further specifications or descriptions agreed in writing between us (“the description” )
  3. Price
    1. The price to be paid is what is quoted on our Proforma or Final invoice. To the price, will be added any value added tax or similar tax, duty or impost which we are obliged by the law of the United Kingdom or any other competent jurisdiction, to collect from you and will be calculated at the rate prevailing at the time of delivery.
    2. If the price (excluding any value added tax or similar tax, duty or impost) increases for any reason between the date of your order and the date of delivery, we will notify you of this and give you the choice of accepting the price increase or cancelling the order in which case any deposit paid by you will be refunded in full.
  4. Acceptance
    1. You will be deemed to have accepted all goods upon their delivery by us.
    2. Once we receive your order, we will not accept any cancellation or variation of it.
  5. Delivery and Risk
    1. Unless otherwise stated in the order, the price quoted includes delivery by us within the UK.
    2. We will try to ensure compliance with any delivery times and dates given but such times and dates are an estimate only. We will not be responsible for any loss whatsoever arising from consequential upon delay in delivery.
    3. Risk in the goods shall pass to you once the goods are delivered.
  6. Title and payments
    1. To the best of our belief we have good title to the goods and will transfer such title as we have in the goods to you pursuant to paragraph 6.4 below.
    2. Unless otherwise stated in the order, payment of the price of the goods comprised in each order shall become due on delivery.
    3. We will charge daily interest on late payments of the amounts due, at a rate of 5% per annum above the then base lending rate at Bank Of England from the date the payment was due until actual date of payment.
    4. Title to the goods comprised in the order shall not pass to you until you have paid the full price, although we serve the right to sue for the price once payment becomes due notwithstanding that title may not have passed.
  7. Compensation
    1. In the event that it shall transpire that the goods supplied do not comply with description or that there is a defect in our title to them, your remedy against us shell be limited to such sum as we are able to recover (net of costs and expenses incurred by us) against our supplier or any party upon whose description of the goods or assertion of title we have reasonably relied.
  8. Damage in Transit
    1. While we remain liable for damages in accordance with the delivery terms, we will at our option replace free of charge or reimburse the price of any goods proved to our satisfaction to have been damaged in transit provided that such damage is notified to us or the carriers in writing within 24 hours of the passing of risk from us to you.
  9. Force Majeure
    1. We shell not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.
    2. For the purpose of this condition, "Force Majeure" shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire or explosions.
    3. Upon that happening of a "Force Majeure" event we shall be entitled to a reasonable extension of time for the performance of our obligations.
  10. Exclusions
    1. We do not exclude liability for death or personal injury.
    2. We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise.
    3. We or our insurers shall not be liable for or required to investigate any claim for loss unless you have given us written notice within twenty one days of its occurrence and given us and/or our insurers ever facility to investigate such occurrence.
  11. Dispute
    1. Any dispute between us that cannot be resolved by mediation shell as a condition precedent to litigation (but without impending the right to seek injunctive relief or our right to sue for unpaid invoices) be referred to arbitration in London under the terms of the Arbitration Act 1996 by an arbitrator nominated by the President of the time being of the Chartered Institute of Arbitrators.
  12. Notices
    1. Any notice to be served on either party shall be sent by fax or email to the last notified fax number or email address and shall be deemed to have arrived four hours after despatch or if sent after 13.30 at 09:30 on the next business day.
  13. Jurisdiction
    1. If any part of these terms and conditions are found to be unlawful it shell not affect the validity or enforceability of the remaining clause. These terms and conditions shall be construed in accordance with the laws of England and shell be subject to the exclusive jurisdiction of English courts.
   
   
 
 
 
   
 

   
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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