Terms & Conditions

Standard Terms & Conditions of Sale

  1. 1.                    Definitions

1.1          "Buyer" Means the person who buys or agrees to buy the goods from the Seller and where the context so admits, their servants and agents.

1.2           "Conditions" Means the terms and conditions of sale set out in this document.

1.3           "Goods" Means the articles which the Buyer agrees to buy from the Seller.

1.4           "Price" Means the price of the goods.

1.5           "Seller"    Means B G Romeril & Company Limited trading as Romerils and, where the context so admits, their servants and agents.    

  1. 2.                     Conditions Applicable

These conditions shall apply to all contracts for the sale of goods by the Seller to the Buyer to the exclusion of all other terms and conditions, which the Buyer may purport to reply on.   Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.

 Any variation of these Conditions shall not be applicable unless agreed, in advance, in writing by the Seller.

  1. 3.                     Price and Payment

The Price of the Goods shall be the Seller's published or quoted price.  The Seller reserves the right to adjust the price of the Goods at the time of delivery to (a) take account of any increase in costs suffered by the Seller after the acceptance of the order or (b) cover any costs incurred by and during the manufacture, receipt, delivery or carriage of the Goods including, inter alia delivery of Goods outside working hours, at weekends or on Bank Holidays.

Unless the sale is for cash or where alternative credit terms have been agreed in writing by the Seller, all accounts are due for payment by the last day of the month following the month in which the goods were purchased.

 The company reserves the right to charge interest on overdue invoices. This shall accrue from the date upon which payment became due until the date of payment at a rate of 2% above Lloyds TSB Bank Ltd's base rate from time to time in force.

 If the Buyer fails to make any payment on the date due then without prejudice to any of the Seller's other rights the Seller may;

(a) suspend or cancel deliveries of any articles due to the buyer; and/or

(b) appropriate any payment made by the Buyer to such of the Goods (or Goods supplied under any other contract with the Buyer) as the Seller may in its sole discretion think fit.

  1. 4.                    The Goods

The Seller may from time to time make changes in the specification of the Goods which are required in order to comply with any applicable safety or statutory requirements and which do not materially affect the quality or fitness for purposes of the Goods.

  1. 5.                    Delivery

The Seller shall not be liable for any loss or damage whatever due to the failure by the Seller to deliver the Goods (or any of them) promptly or at all.

All Goods delivered must be inspected immediately. The Buyer must provide written notice within three (3) working days of delivery of the Goods, of any claim shortage or damage to the Goods. In the absence of such written notice within the time period agreed, the Buyer will be deemed to have accepted the Goods and the Goods will be deemed to have been delivered in accordance with the delivery documents.

The Sellers liability for late delivered, shortage or damaged Goods shall never exceed the provision of any Goods not delivered or the replacement or repair of the damaged Goods.

  1. 6.                    Title and Risk

The Goods shall be at the Buyer's risk as from delivery.

In spite of delivery having been made, title in the Goods shall not pass from the Seller or his agent or any other third party.

(a) the Buyer shall have paid the Price in full: and

(b) no other sum whatsoever shall be due from the Buyer to the Seller.

Until title in the Goods passes to the Buyer in accordance with Clause 6.2 above, the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller.  The Buyer shall store the Goods at his own costs separately from all other goods in its possession and ensure that the Goods are marked in such a manner that they are clearly identifiable as the Seller's property.

Notwithstanding the terms of 6.3 above, the Buyer may use the Goods at its liability in the event of damage thereto.

The Seller shall at any time recover any and all Goods in which it has title.  The Buyer warrants to allow the Seller access at all reasonable times with such transport as is required to the Buyer's premises (or those under the Buyer's control) in order to receive the Goods.

  1. 7.                    Non Payment/Insolvency

Should the Buyer fail to pay for the goods within fourteen (14) days the Seller reserves the right to:

(a) cancel or suspend any further deliveries to the Buyer under any contract; and

(b) sell or otherwise dispose of any Goods which are the subject of any contract with the Buyer and which have not been fully paid for;

  1. 8.                    Seller's Responsibility

This Clause covers only defects in Goods supplied by the Seller caused by faulty manufacture, materials or workmanship or failure to comply with any specification agreed to by the Seller.  It does not cover defects caused by abnormal use, misuse, neglect or negligence on the part of the Buyer or any other third party.

  1. 9.                     General

The Seller shall be under no liability for any delay, loss or damage suffered by reason of any cause beyond the Sellers reasonable control.  The Seller's failure or omission to insist upon the enforcement of any of the terms and conditions of this Contract shall not be construed as any waiver of such terms or conditions and in no way shall affect the Seller's right to enforce the same or such of the terms and conditions. 

The Contract shall be governed and construed exclusively in accordance with the Laws of the Island of Jersey.       

 10                              Returns and Refunds

10.1         The Seller will only accept goods for refund if they are returned in a wholly saleable condition. The Seller retains the right to refuse a refund, if in his opinion, solely, the goods are not returned in a saleable condition.

10.2         The Seller reserves the right to apply a handling fee at a rate that the Seller, in his absolute discretion, deems appropriate.

10.3         The Seller reserves the right not to refund any product ordered especially for the buyer.

The Seller will only furnish the Buyer with a refund if goods are returned within six months of the original date of purchase.

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