Terms & Conditions
Standard Terms & Conditions of Sale
Means the person who buys or agrees to buy the goods from the
Seller and where the context so admits, their servants and
"Conditions" Means the terms and conditions of sale set out in this
"Goods" Means the articles which the Buyer agrees to buy from the
"Price" Means the price of the goods.
"Seller" Means B G Romeril & Company Limited
trading as Romerils and, where the context so admits, their
servants and agents.
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
Any variation of these Conditions shall not be applicable
unless agreed, in advance, in writing by the Seller.
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
(a) suspend or cancel deliveries of any articles due to the
(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.
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
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
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.
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
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
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.
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;
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.
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
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
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 Seller will only furnish the Buyer with a refund if goods
are returned within six months of the original date of