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Conditions of sale

KENSINGTON TRADERS LTD GENERAL CONDITIONS OF SALE

1. ACCEPTANCE AND VARIATIONS OF CONDITIONS:

(A) All contracts are made by the company (unless varied in accordance with (b) below on these conditions, which shall prevail

over any other conditions in any purchase order or other communication from the customer.

(B) These conditions may not be varied unless the variation is in writing and signed by a director of the company.

2. PRICES:

(A) The prices shall be those stated on the accompanying quotation.

(B) All prices are exclusive of V.A.T.

(C) The Company’s prices reflect the limitations on the Company’s liability contained in these conditions. If a customer wishes

to contract on conditions not containing any of these limitations a revised price will be quoted by the company

3. DELIVERY:

(A) The company will endeavour to keep to any stated delivery date, but such dates will only be an estimated forecast, and so the

Company will not be liable in any circumstances for any loss, whether direct or consequential, arising from delay in dispatch or delivery.

(B) If the customer wishes the Company to conclude the contract and/or insure the goods in transit, the Company shall be deemed

to be acting solely as the purchaser’s agent and section 32 (2) of the Sale of Goods Act shall not apply.

(C) The Company shall not be liable for any loss, damage, deterioration or delay to the goods howsoever caused during transit or

at any time after the risk has passed to the customer.

(D) The Company may, at its absolute discretion, postpone delivery of the goods at the request of the customer in which case the

customer shall make payment as if the goods were delivered and invoiced on the date of the request. The Company may store

the goods at its own premises or elsewhere, as the company determines, at the customers sole risk and all storage, insurance

and transportation charges and all other costs arising from the postponement of the delivery shall apply to the customer.

 

4.RISK IN THE GOODS

The risk in the goods shall pass to the customer upon the goods being delivered to the carrier for transportation to the

customer or where carriage is effected by the Company upon dispatch of the goods from the Company’s premises. The

customer is advised to insure accordingly.

5.OWNERSHIP OF THE GOODS:

(A) All goods shall remain the property of the Company until the Company has been paid in full for them, even though the risk in

the goods may have passed to the customer and the customer may have possession of the goods.

(B) If payment for any goods is overdue in whole or in part, or if any of the circumstances referred to in clause 9 have arisen, or

the Company has bona fide doubts as to the solvency of the customer, then, without prejudice to any of the Company’s other

rights, the Company my repossess and/or sell the goods and for that purpose shall be entitled to enter upon any premise of

the customer

(C)The company also reserve the right to charge interest of 2.5% per week or part thereof to any account which exceeds (65) sixty

five days from the date of invoice.

(D) Our products are guaranteed until six months after delivery. The guarantee only concerns the substitution of defective

elements. Sizes may vary slightly from those shown in the Company’s literature. All claims should be presented, in writing,

within seven (7) days of delivery.

6.GUARANTEE

(A) The Company undertakes to repair free of charge, or (at its option) replace, or refund or credit the value of any goods which

are found to be defective provided that:

(1) The goods have not been tampered with.

(2) The customer gives the Company written notice detailing the alleged defect within four (4) months from date of delivery.

(B) If some of the goods are defective the customer shall accept the remainder of the goods and shall be liable to pay the contract price reduced pro rata.

(C) The Company shall not be liable for any loss or defect arising out of :

(1) Incorrect measurement being supplied by the customer

(2) The assembly by the customer, his employees, servant or agent of the goods supplied.

7.

EXCLUSIONS:

(A) The customer’s attention is specifically drawn to Clause 2(c) of these conditions

(B) The guarantee given above is given by the Company and accepted by the customer in substitution for any rights which the

customer might otherwise have had:

(1) By reason of any implied representation, condition, warranty or otherwise as to the description, merchantability, quality,

fitness or performance of the goods: all such representations, conditions and warranties being hereby expressly excluded

(2) In negligence or otherwise in tort arising out of or in connection with the supply of any goods to or to the order of the

customer and all such liability howsoever arising is hereby expressly excluded provided that nothing in this condition shall

exclude the Company from any liability which it may incur for death or personal injury resulting from negligence of its servants or agents.

(C) Except for any such liability in respect of death or personal injury the Company shall not be liable in any manner whatsoever

whether in contract, tort misrepresentation or otherwise beyond the terms of the above guarantee and in particular shall not

be liable for any indirect or consequential loss, damage or injury howsoever or by whomsoever caused which may arise out of

or in connection with the supply of goods to or to the order of the customer and in no circumstances shall the liability of the

Company hereunder exceed the contractual price of the goods and in the case where some only of the goods are defective the

liability of the Company shall not exceed an amount equal to such proportion of the contract price as the quantity of thedefective goods bears to the aggregate quantity of the goods supplied.

8. TERMINATION:

The Company shall be entitled to cancel the customer’s order by written notice to the address of the company last known to the Company, without prejudice to the Company’s right to recover such damages if:

(1) Any distress or execution is levied or enforced upon any property of the customer or

(2) The customer shall make or offer to make arrangement or composition with creditors or commit any act of bankruptcy or

(3) Any resolution is passed or petition presented to wind up the Company or

(4) Receiver is appointed, or an encumbrance takes possession, of the undertaking or any property of the customer or

(5) The customer stops payment or ceases or threatens to cease to carry out his business or to pay his debts as and when the fall due.

9. FORCE MAJEURE:

If in the performance of the Company or any of its obligations to the customer is prevented, interrupted, hindered or delayed by any

cause whatsoever beyond the Company’s control, or by lock out by the Company of its employees, then the Company shall be

entitled without incurring any liability to the customer, at the Company’s option or, to suspend performance of some or all of the Company’s obligations or, if the performance of the contract becomes impossible or commercially unreasonable, to cancel the contract.

10.WAIVER

No forbearance or indulgences on the part of the Company in enforcing these conditions shall prejudice its rights hereunder nor

shall it be construed as a waiver of any of its rights.

11.GOVERNING LAW

The construction, validity and performance of these Conditions of Sale shall be governed by the laws of England to the exclusive jurisdiction of whose Courts the parties by their agreement hereto shall irrevocably be deemed to have submitted.

12.CLAUSE HEADINGS:

Clause headings shall not affect the interpretation of these conditions.

13.RETURNS:

All returns must be pre-arranged / agreed with a member of staff from our office and will then be booked in

14. DELIVERY DAMAGE:

Please note that we use external courier companies to transport our goods. In line with their terms and conditions, we must be

notified of any damages to delivery within 3 working days.

Revised

October 2020

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