CONDITIONS
OF SALE
In the
following Conditions of Sale "the Seller" means Russek
Publications Limited and "the Buyer" means any person, firm
or Company with whom the Seller contracts for the supply of
goods or service.
The following Standard Conditions of Sale shall govern all
transactions except as otherwise specifically agreed in
writing by the Buyer and the Seller
1. Estimates and Quotations
a) All estimates and quotations are subject to alteration
by the Seller and may be withdrawn at any time prior to the
Seller’s written acceptance of the Buyer’s order. Estimates
and Quotations automatically become invalid after 30 days.
b) After contract the Seller will have the right to
increase the contract price by any amount attributed to;
i) a suspension of or an alteration to work on the goods by
reason of the Buyer’s instructions or lack of them.
ii) any variation of wage rates taxing statutes material
costs or of contract and the date of delivery or completion
of payment.
2. Upon accepting an order from the Buyer the Seller
reserves the right to inquire within a reasonable time into
the Buyers financial or trade status and in the light of
any report considered in the absolute discretion the Seller
to be adverse the Seller reserves the right to rescind the
Contract without liability to the Buyer and without
liability for compensation or damages.
3. Price
a) Unless otherwise stated all estimates and quotations are
net of import duty VAT tariffs or other duties of any
taxing authority packing and installation and freight
charges.
b) Except where a price is stated to be fixed by the Seller
on its written acceptance of the Buyer’s order any price
quoted by the Seller or comprised in the order or contract
is provisional only and the actual price to be paid by the
Buyer shall be the Seller s price ruling at the date of
dispatch.
4. Payment
(a) Goods ordered online using our website(s) shall be paid
for at the time of your order.
(b) Goods ordered offline which are bespoke and produced to
order shall be paid for prior to any such work commencing
save as to condition (d) below.
(c) If you have been granted a credit account goods
invoiced shall be paid for not later than the 30 days from
the invoice date except as otherwise agreed in writing by
the Seller and the Buyer.
(d) If terms of payment are not complied with the Seller
shall have the right to charge interest at the rate of 2%
above National Westminster Bank’s minimum lending rate for
the period between the due date of payment and final
settlement.
(e) If the Buyer shall fail to pay any amount when it is
due under this or any other contract with the Seller, then
the Seller shall have the right (without prejudice to any
of its other rights against the Buyer) on notice in writing
being given to the Buyer, to treat the purchase price that
is unpaid on all goods invoiced or dispatched by the Seller
as having become forthwith due and payable by the Buyer and
in substitution for the provision contained in sub-clause
(d) of this Condition.
5. Value Added Tax
All prices quoted or accepted are exclusive of Value Added
Tax and the contract price shall be such prices plus VAT.
6. Goods of the Contract
The Seller shall not be bound by any oral condition
warranty or representation given or made on its behalf
unless confirmed in writing nor by any express or implied
team condition or warranty, whether arising by statute or
common law or by usage, save and except a warranty that
goods sold shall correspond with the contractual
description.
7. Contracts
The Seller shall have the option (without prejudice to any
of its other rights against the Buyer) by notice in writing
to the Buyer to rescind any contract between the Seller and
Buyer or to suspend delivery in the following events:
i) Should any sum owing by the Buyer to the Seller be
overdue whether under the same contract or any other
contract;
ii) Should the Buyer be in breach of any term of the same
or any other contract with the Seller;
iii) Should the Buyer enter into any composition or
arrangement with or for the benefit of his creditors having
a receiving order in bankruptcy made against him or (if a
corporate body should it have a resolution passed or
petition presented to wind up its business (other than for
the purpose of amalgamation or reconstruction) or if a
Receiver be appointed of its undertaking, property or
assets or any part thereof.
8. Delivery
(a) If no time for delivery is specified in the contract
the Buyer shall be bound to accept the goods when they are
ready for delivery by the Seller.
(b) The risk in goods contracted to be sold by the Seller
shall pass to the Buyer (or to whom he shall direct) when
the goods (or any part thereof when there is more than one
delivery under the contract) are delivered to the Buyer, or
in accordance with his instruction.
(c) Any complaint of short delivery or of damaged goods in
transit must be notified within 24 hours of receipt of
goods and confirmed in writing at that time by the Buyer to
the Seller and any complaint of failure to deliver goods
invoiced must be so notified within 10 days of the date of
the invoice.
(d) Where the contract involves more than one delivery if
default is made in payment on the due date in respect of
any one delivery the Seller shall at its option (and
without prejudice to any of its other rights) have
thereunder or otherwise be entitled to treat the contract
as repudiated and to claim damages accordingly. Each
delivery will constitute a separate contract and any
failure or defect in any one delivery will not vitiate the
contract as to the remaining deliveries.
(e) Any time or date for delivery named by the Seller is an
estimate only and the Seller shall not accept liability for
any loss or damage or any consequential loss arising either
directly or indirectly from delay in delivery however
caused.
9. Ownership
(a) The Seller and the Buyer expressly agree that until the
Seller has been paid in full (including any interest
charged thereunder) for the goods comprised in the contract
between them, the goods comprised in the contract remain
the property of the Seller save as provided herein.
(b) The Seller may recover the goods (but excluding any
goods ownership of which had already passed to the Buyer)
at any time from the Buyer if in the Buyer’s possession if
the amount outstanding from the Buyer to the Seller in
respect of the goods supplied has not been paid in full and
for that purpose the Seller, its servants and agencies may
enter upon any land or buildings upon which the goods are
situated, provided that if the Seller shall resell the
goods so recovered or any part thereof the Seller shall
give the Buyer credit for any sum received by the Seller in
excess of the unpaid price (including any interest charged
thereunder) of such goods.
(c) The Buyer may dispose of the goods in the ordinary
course of its business as principal (but any warranties,
Conditions, or representations given or made by the Buyer
to any third party shall not be binding on the Seller who
shall be indemnified by the Buyer with respect thereto) and
may pass good title in the goods to a third party being a
bona fide purchaser for value without notice of the Sellers
rights.
(d) If the Buyer incorporates the goods into other products
(with the addition of its goods or those of others) or uses
such goods as material for other products (with or without
such additions) the property in those other products is
upon such incorporation or use and by that event
transferred to the Seller and the Buyer will store the same
or the Seller in a proper manner without charge to the
Seller in the event of such incorporation or use as is
envisaged by this sub-clause the provisions of sub-clauses
(b) and (c) shall apply mutates mutants to those other
products in place of the goods provided that if the Seller
shall sell such other products or any part thereof (without
being under any duty to obtain the best price therein) the
Seller shall give the Buyer credit for any sum received by
the Seller in excess of the unpaid price (including any
interest charged thereunder) of such goods.
10. Disposal before payment
If the goods or any part thereof whether or not
incorporated into other products or used as material for
other products, are resold by the Buyer before he has made
full payment to the Seller as aforesaid, the Buyer shall
hold upon trust for the Seller from the proceeds of such
resale such sum as shall be equal to the amount then owing
to the Seller in respect of the goods provided that if the
Buyer has not received the proceeds of such resale in full
the Seller shall be subjugated (without the need for
further documentation) to the Buyer’s rights against its
customer to the extent of any balance still remaining due
to the Seller in respect of the goods. Nothing contained
herein shall affect any other rights the Seller may have
against the Buyer’s customer.
11. Claims
(a) Unless expressly agreed in writing the Seller gives no
warranty that the goods are suitable for any particular
purpose or for use under any specific conditions, not
withstanding that such purpose or conditions may be known
to the Seller.
(b) Claims in respect of any alleged defect in the
contractual quality of the goods delivered, where the
defects would have been revealed by reasonable examination
of the goods on arrival, must be made in writing within 14
days after delivery, or if related to the transport of the
goods within such time as will enable the Seller to comply
with the time limit and procedure laid down by the carrier
by whom the goods were transported if the Buyer shall make
any complaint within the time stipulated the Seller shall,
after it has had a reasonable time to investigate the same
and examine the goods in dispute, be entitled as its option
i) To replace the goods (if defective) or;
ii) To accept the return of the goods (if defective) and
credit the Buyer with the price thereof or;
iii) To make to the Buyer (if the goods are defective) an
allowance representing the difference between the value of
the goods at the time of the complaint by the Buyer and the
value they would have had it they had been in accordance
with the contract providing the Buyer pays the balance not
in dispute according to normal terms.
(c) The return of goods shall not be made without prior
agreement between the Buyer and the Seller. No claim can be
entertained after the goods or any part thereof have been
processed in any way.
12. Statutory requirements and Infringement of goods
(a) Every effort is made that the goods meet known
statutory requirements and that they do not infringe any
patents or trademarks belonging to third parties, but no
warranty is given that the design construction and quality
of the goods to be supplied under the contract comply with
all relevant requirements of any Statute statutory rule, or
order or other instrument having the force of law which may
be in force at the time of supply.
(b) The Buyer shall indemnify the Seller against all
damages, penalties, costs and expenses to which the Seller
may become liable as a result of work done in accordance
with the Buyer’s specification which involves the
infringement of any industrial property rights and whether
registered or not.
13. Limitation of the Seller s liability
(a) Except as otherwise expressly mentioned in these
Conditions, the Seller shall have no liability of any kind
to the Buyer in respect of any loss or damage (whether
direct indirect or consequential) suffered by the Buyer
whether in contract or negligence or otherwise howsoever
whether for loss or damage to property or for death or
bodily injury or otherwise howsoever in respect of any
goods supplied or work done by the Seller. The Buyer shall
indemnify the Seller against any claim made against the
Seller by a third party arising out of any goods supplied
to or work done for the Buyer.
(b) No forbearance or indulgence by the Seller shown or
granted to a Buyer whether in respect of these Conditions
or otherwise shall in any way affect or prejudice the
rights of the Seller against the Buyer or be taken as a
waiver of any of these Conditions.
14. Force Majeure
The performance of all contracts is subject to variations
or cancellation by the Seller owing to any act of God, war,
strikes, governmental regulations or orders, national
emergencies, lock-outs, fire, flood, drought, tempest or
any other cause (whether or not of a like nature) beyond
the control of the Seller or owing to any inability by the
Seller to procure materials or articles required for the
performance of the Contract and the Seller shall not be
held responsible for any inability to deliver caused by any
such contingency.
15. Application of these Conditions
By ordering any goods from the Seller, the Buyer will be
deemed to accept that these Conditions take precedence over
any other Conditions contained on or in any letter order
form acceptance form, receipt or the like received by the
Seller in connection with the goods so ordered and that any
such other Conditions will not form part of the Contract
between the Seller and the Buyer unless specifically agreed
in writing.
16. Local Representation
The terms "Agents" or "Representatives" mean only those
appointed to receive inquiries for onward transmission to
and to be dealt with by the Seller. No such "Agents" or
"Representatives" are authorized by the Seller to incur any
liability, give any guarantee or warranty or make any
representations or transact any business on the Seller’s
behalf.
17. Severabilty
If any provision of these conditions is declared invalid by
a court having competent jurisdiction thereunder the
invalidity of such provisions shall not be deemed to avoid
the remaining conditions.
18. Entire Agreement
Save as expressly agreed in writing these conditions embody
all the terms and conditions of the Contract between the
parties hereto and replace all antecedent representations
or proposals not embodied herein. Amendments to the terms
and conditions herein set out shall not be valid unless
reduced into writing and properly executed on behalf of
both parties to the agreement.
19. Interpretation
In these conditions works and phrases importing the
masculine gender shall include the feminine or neuter as
appropriated and words importing the singular shall include
the plural and vice versa.
20. Governing Law
The law of England shall govern the validity construction
and performance of any contract to which these Conditions
apply.
21.
About Us
The full name of our company is Russek Publications
Limited.
We are
registered in England & Wales under registration
number: 6673111
Our trading address is: 3/5 Cremyll Road, Reading RG1 8NQ
Our registered address is: 3/5 Cremyll Road, Reading RG1
8NQ
You can contact us by clicking here.