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1
DEFINITIONS AND INTERPRETATION
In these Conditions:
“Customer”
means any person or organisation with whom the
Company enters into an Agreement subject to
these Conditions;
“Company”
means Top Table Weddings and Events Ltd of 5
School Road, Sale, Cheshire. M33 7XY.
Registration number 3885271;
“Agreement”
means any agreement made subject to these
Conditions that shall incorporate these
Conditions;
"Conditions"
means these standard 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 Company;
“Accepted Order”
means an Order, which has been accepted by the
Company, acceptance being indicated by
acknowledgement by “The Company”
2. COMPLETE AGREEMENT
2.1 These
Conditions shall govern the Contract to
exclusion of any other terms and conditions
between the Company and the Customer and no
variation to the Contract or these Conditions
(including the incorporation of the Customer's
standard terms and conditions of business) shall
be binding upon the Company unless agreed in
writing by the Company and signed by a Director
of the Company.
2.2 The Company's employees agents or
representatives are not authorised to make any
representations concerning the Goods unless such
representations are confirmed in writing by a
Director of the Company.
2.3 Any typing clerical or other error or
omission in any catalogue, sales literature,
price list, despatch note, invoice or other
documentation or any information issued by the
Company ( in whatever form and on whatever
media) shall be subject to correction without
any liability on the part of the Company.
3. CONTRACT
3.1 No order submitted by
the Customer shall be deemed to be accepted by
the Company until the Goods have been
despatched by the Company and an invoice issued
to the Customer.
3.2 The Customer shall be responsible for
ensuring the accuracy of any order submitted by
the Customer including confirming in writing any
telephone orders and or giving the Company any
necessary information relating to the Contract
and delivery (as the case may be) within a
sufficient time to enable the Company to deliver
the Goods to the premises notified to the
Company by the Customer.
3.3 Written confirmations of any telephone
orders shall clearly indicate that they are only
confirming earlier telephone orders and shall
contain details of the Customer's account number
and purchase order number.
4. PRICE
4.1 The price of the Goods
shall either be the price payable for the Goods
at the time of acceptance of the Customer's
order in accordance with the provisions of
Clause 3.1 or in cases where the Customer has
paid for the Goods by credit card or cheque and
payment has cleared the price paid for the Goods
by the Customer at the time when payment cleared
subject to the Company reserving the right by
giving notice in writing to the Customer at any
time before delivery to increase the price of
the Goods to reflect any increase in the cost of
the Goods to the Company which is due to any
matters beyond the Company's reasonable control
including (without limitation) any increase in
Value Added Tax (VAT), transport costs,
carriage, postage and packaging and any other
applicable duties and taxes.
4.2 All prices stated in any Company's
catalogue, sales literature, price lists or
other documentation ( issued by the Company from
time to time in whatever form and on whatever
media) may be altered by the Company at any time
without giving notice to the Customer.
4.3 The price for any Goods quoted in any
catalogues sales literature or price lists is
exclusive of any applicable VAT and delivery and
any other duties taxes and applicable charges in
relation to the Goods which the Customer shall
additionally be liable to pay to the Company.
4.4 The price for the Goods stated in any
invoice shall be exclusive of VAT.
4.5 The Customer shall be liable for any
reasonable costs incurred by the Company in the
event of variation, suspension or cancellation
of any order by the Customer.
5. TERMS OF PAYMENT
5.1 Subject to any other
provisions in these Conditions all invoices
shall be paid by the Customer within thirty days
of the date of the Company's invoice.
5.2 The time of payment of any invoice shall be
of the essence of the Contract and receipts for
payment shall be issued to the Customer only
upon request.
5.3 If the Customer fails to make any payment on
the due date then (without prejudice to any
other rights or remedies the Company may have)
the Company shall be entitled to:
5.3.1 Cancel the Contract or suspend any further
deliveries to the Customer; and
5.3.2 Charge interest on a day to day basis on
all overdue sums owing to it under these
Conditions at the rate of 4 per cent over the
base rate of the National Westminster Bank Plc
from time to time and interest shall be
calculated from the date the sums in question
were payable to the date on which payment is
made in full whether before or after judgement.
5.4 Non-account customers are required to pay
the Company for all orders for Goods in full by
cash or cheque upon delivery. |
