DIXON INTERNATIONAL GROUP LTD, PAMPISFORD, CAMBRIDGE, CB22 3HG, U.K.
- Telephone orders are permitted and will be constructed and carried out in accordance with verbal instructions, but no liability can be accepted for any inconsistency between these and any written confirmation we may consequently receive from the buyer.
- We reserve the right to store your data physically and/or electronically when you have asked for a quotation or product enquiry.
Construction of Contract
- These conditions apply to all orders and contracts relating to the supply of our products and override any condition stipulated by the buyer, unless it is agreed in writing.
- Any order placed with us for the supply of products will not be binding until it is formally accepted in writing by one of our authorised representatives.
- There shall be deemed to be a separate contract in relation to each delivery of products supplied by us to the Buyer.
- Unless otherwise agreed in writing by the parties, these conditions shall constitute the entire agreement between us and the Buyer in connection with the supply of products and no representations, warranties, undertakings (express or implied) made by us or on our behalf or by statute shall give rise to any liability on our part unless we are precluded by statute from avoiding any liability for any such representations, warranty or undertaking.
- Every price for products quoted by us is based upon these conditions and reflects the limitations upon our liability referred to in these conditions.
- Any contract made between us and the Buyer cannot be varied or cancelled otherwise than upon terms explicitly agreed by us and the Buyer.
- We reserve the right to revise prices and discounts without prior knowledge.
- Unless otherwise agreed by us in writing, any price quoted by us is exclusive of delivery, packing charges and Value Added Tax.
Terms of Payment
- All accounts must be settled in full by the end of the month following the date of the invoice or otherwise as agreed in writing.
- Any payment not made within the terms will be charged £25 standard late fee.
- Value Added Tax will be charged at 20%.
- Interest at the rate of 15% per annum or 3% per annum above the Base Lending Rate of the time being of Lloyds Bank PLC. Whichever is greater, will be charged on overdue accounts.
- The Buyer must not withhold payment of any amount due to us pursuant to these conditions for any reason whatsoever which it is alleged may excuse the Buyer from performing its obligations under these conditions.
- Orders or contracts may not be cancelled except with our consent in writing and terms which will indemnify us against loss.
Carriage and Packaging
- Carriage and Packing is charged at our discretion by reference to freight rates in force from time to time.
- We are constantly seeking to improve our products and reserve the right to alter the design or specification of any of our products at any time without notice or liability.
- Claims in respect of delivery of the wrong products or in respect of short delivery must be notified to us within three days of receipt of the products and in any case before they are fixed, fitted or in any other way used.
- All dates quoted for dispatch are estimated only and are not guaranteed.
- We will endeavor to meet these dates but shall have no liability for any delay in dispatch or delivery or any damage or loss occasioned thereby we may delivery products pursuant to any order by installments.
Loss or Damage in Transit
- The products shall be at the Buyer’s risk during transit unless expressly agreed by us.
- If we expressly accept responsibility for products in transit, we shall not be liable for any loss or damage in transit short in delivery unless a separate notice in writing is given to both the carrier and ourselves.
- In the case of damage within three days of receipt of the products and a complete claim in writing within five days from the receipt of the products.
- Before any products are returned our consent in writing must be obtained.
- Such products must be delivered all charged paid to us at Dixon International Group Limited, Pampisford, Cambridge, CB22 3HG.
- Such products must be received by us in the same packaging and the same condition as was originally dispatched before any question of credit or replacement can be considered.
- If a customer brings to our notice any fault in the quality of our products at any time within 30 days of purchase and we are satisfied that the products were not of merchantable quality or were unfit for the purpose for which they were supplied by us we shall replace such faulty products free of charge.
- Except for liability for death or personal injury arising as a consequence of our negligence ,we shall not be liable in any circumstances for any loss or damage consequential or otherwise howsoever caused and our liability here under is limited to the replacement of the faulty items above.
- In determining whether we have supplied defective products under this agreement the quality of such products shall be judged by reference to the applicable British Standards or (if appropriate) other similar guidelines.
Use of Products
- Products are supplied by us on the understanding they will be used in the United Kingdom, unless agreed in writing with the Buyer.
- Notwithstanding any other provision contained herein, we shall not be liable for any loss of expense suffered by the Buyer or any other product supplied to us if any product supplied by us to the Buyer us used outside the United Kingdom without our prior written approval.
- The Buyer shall indemnify us in respect of all damages, costs, charges, expenses and other liabilities which we may incur in connection with any products supplied by us by the Buyer which are subsequently transported and/or used outside the United Kingdom without our express approval.
Without prejudice to any other rights which we may have we shall be entitled to terminate any contract forthwith and demand immediate payment on any amount due or accruing to us there under the Buyer
- Commits any breach thereof.
- Commits any breach of any of these terms and conditions; or.
- Becomes insolvent or enters into a composition with or for the benefit of the Buyer’s creditors or (being a body corporate) has a Receiver or Administrator appointed over its undertaking or assets or goes into liquidation.
Risk and Title
We retain ownership of the products and shall be entitled to dispose of them until whichever of the following events occurs first:
- We have received unconditional payment in full for all the products subject to this contract and the full price of any other products supplied by us to the Buyer, or.
- Property in the products passes to a purchaser form the Buyer by way of bona fide sale at full market value.
If payment is overdue in whole or part we may (in addition to our other rights) recover or resell the products and for that purpose we and persons authorized by us are irrevocably licensed to enter the Buyer’s premises or any other premises where we believe the products to be.
Payment shall become due immediately upon the commencement of any act or proceeding in which (in our opinion) places in jeopardy our title to the products.
The Buyer is licensed by us to sell the products. The Buyer shall hold the proceeds of sale as a trustee for us and (if we require by written notice to the Buyer) shall procure that those of such proceeds are received after service of that notice are not mingled with their money or paid into an overdrawn bank account and that they shall be identified as our money.
The Buyer is licensed by us to cause our products to be incorporated in or used as material for other products. Those other products shall be held by the Buyer as a trustee for us upon trust to sell them and account to us for a sum out of the proceeds of sale equal to either.
- All sums due to us in respect of products supplied to us by the Buyer; or.
- The proportion of these proceeds represented by the purchase price of the products supplied to us incorporated herein in proportion to the total purchase price of all products incorporated therein whichever is less.
For the purposes of this clause products still in the Buyer’s possession shall be deemed to be those delivered most recently by us unless the contrary is proved.
We may be notice to the buyer cause ownership in all or part of the products specified in the notice to pass to the Buyer.
- Where products supplied to us pursuant to these conditions are produced to the Buyer’s designs, plans or specifications the Buyer shall indemnify us and keep us indemnified against all actions, claims and costs damages of losses incurred by us for the infringement or alleged infringement of any patent, registered design, trademark, copyright or similar protection in respect of the products so produced and/or as a consequence of such designs, plans or specifications pricing to be defective in any way or leading to the manufacture of a defective product.
Fixing and Application
- Fixing and application of our products is the responsibility of the Buyer and is not the responsibility of ourselves.
- All rights and obligations arising in connection with the supply of our products shall be governed by the Laws of England and the Buyer submits to the non-exclusive jurisdiction of the Courts of England.