In these conditions of sales the expression ‘The Company’ shall mean C.T.Paper Sales Ltd. All contracts made by the company shall be deemed to incorporate these Terms and Conditions. No variation or addition to them shall form part of any contract unless specifically accepted by the Company in writing, and they shall override, take the place of any other Terms and Conditions in any document or other communication used by the buyer in concluding the contract with the Company.
(10.a) The Goods shall remain the property of the Company until payment in full has been received by the Company for the Goods and for all other goods and services which have been supplied by the Company to the Buyer at the time of full payment for the Goods. Until property in the Goods passes, the Buyer shall;
(10.b) Before the property of the Goods has passed to the Buyer, the Company may give notice to the buyer terminating the Contract in which case the Buyer shall re deliver the Goods to the Company at the Buyers expense. In such case, the Company may at any time without notice take possession of and sell any Goods in respect of which title has not passed and for this purpose the Company, its servants and agents are irrevocably authorised to enter the premises on which the Goods are situated and recover the same. If the Company sells the Goods so recovered, it shall give the Buyer credit for the sum received by it in excess of the sum due from the Buyer to the Company in respect of the Goods and all the costs of recovery and sale of the Goods. The Company reserves the right to reclaim any goods whether title has been passed to the Buyer, to recover any monies outstanding.
(10.c) The Buyer, as principal, may dispose of the Goods in respect of which property has not passed in the ordinary course of its business (but any warranties, conditions or representations given or made by the Buyer to any person shall not be binding on the Company which shall be indemnified to the Buyer in respect thereof).
(10.d) If the Buyer incorporated Goods in respect of which title has passed ( with the addition of its goods to others) or uses such goods at material for other products (with or without such additions) the property in such other products including the final product is upon such incorporation or use by that been immediately and automatically transferred to the Company and the Buyer will store the same for the Company in a safe and proper manner without charge to the Company and shall maintain records sufficiently to enable the manufactured product and the goods incorporated therein to be identified, measured or otherwise quantified. The provisions or sub-clauses (b) and (c) shall apply to those other products stating that the Company shall not be under duty to obtain the best price for the Goods.
(10.e) If the Goods in respect of which title has not been passed (whether or not incorporated into other products or used as material for other products) are sold by the Buyer. The Buyer shall in its fiduciary capacity as agent for the Company hold all proceeds of the sales thereof in trust for the Company and in a separate bank account to be opened by the Buyer at the Buyers expense for the sole purpose of receiving such proceeds and shall be accountable to the Company in respect thereof. On the opening of the account, notice of the purpose for which the account is to be used shall be given the bank at which the account is closed.
(10.f) The Buyer hereby assigns to the Company ( without the need for further documentation) all rights and claims which the Buyer may have against any other person in respect of the sales referred to in sub- clause (e) above until full payment has been received by the Company in respect of the Goods. Nothing contained herein shall affect any other rights the Company may have against such persons.
(10.g) In the absence of evidence to the contrary, all goods supplied by the company which are in the possession of the Buyer shall be deemed to be the property of the Company to the extent of all sums owed by the Buyer to the Company.
(11) No variation alteration or waiver of these conditions shall be of any effect unless made in writing and signed by a creditor of the Company. Company is not bound by any warranty or representation other than is contained in these conditions.
(12) the contract is governed by English Law and the Company and the Buyer shall submit to the jurisdiction of the English Courts.
(13) Payment terms
Strictly 30 days End of Month unless agreed otherwise on origination of your credit account. The Company reserves the right to charge interest of 4% above bank rate for overdue balances. Unless otherwise specifically agreed the Buyer shall not set against the amount of the invoice i.e. earlier payment discount. As credit note will be raised accordingly. Where goods are delivered on a pro forma basis the Buyer shall be obliged to pay for the Goods prior to Delivery via bank transfer.