Legal
Terms & conditions of sale
This page is a template, not legal advice
It sets out the clauses a UK trade supplier’s conditions of sale should cover, as a starting point for your solicitor. Have it reviewed and completed before you trade on it.
1.Application
These conditions apply to every contract for the sale of goods between KLEARFORCE and the customer, to the exclusion of any terms the customer seeks to impose. Placing an order constitutes acceptance.
2.Prices
Prices are quoted exclusive of VAT and are those in force at the date of despatch. Contract and framework prices apply for the period stated in the relevant agreement. Prices may be varied to reflect changes in the cost of raw materials, duty or carriage on reasonable notice.
3.Payment terms
Card orders are payable in full at the point of order. Approved credit accounts are payable within the agreed terms from the date of invoice. Time for payment is of the essence. Interest and reasonable recovery costs may be charged on overdue sums under the Late Payment of Commercial Debts (Interest) Act 1998.
4.Credit limits
Credit facilities are granted at KLEARFORCE's discretion, subject to satisfactory references, and may be varied, suspended or withdrawn. Orders that would take an account beyond its limit, or that are placed while sums are overdue, may be held or declined.
5.Delivery
Delivery dates are estimates given in good faith and are not of the essence unless expressly agreed in writing. Risk in the goods passes on delivery. Where a delivery is refused or access cannot be obtained, a re-delivery charge may apply.
6.Shortages and damage
Shortages, damage or incorrect goods must be noted on the delivery documentation and reported within three working days of delivery. Non-delivery must be reported within seven days of the invoice date.
7.Title
Title in the goods does not pass until KLEARFORCE has received payment in full for those goods and all other sums due on the account. Until then the customer holds the goods as bailee and stores them so they remain identifiable.
8.Returns
Unused goods in original, resaleable packaging may be returned within 30 days by prior arrangement, subject to a restocking charge. Special-order items, bespoke products and opened chemicals are not returnable. This does not affect the customer's statutory rights in respect of faulty goods.
9.Hazardous goods and product safety
Safety data sheets are supplied with hazardous goods and remain available through the customer's account. The customer is responsible for carrying out its own COSHH assessments, for the safe storage and use of the goods, and for ensuring its personnel are trained accordingly.
10.Product specification
Product specifications, images and descriptions are indicative. Manufacturers may vary specification without notice. Where a specification is critical, the customer should confirm it in writing before ordering.
11.Limitation of liability
Nothing limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot lawfully be limited. Subject to that, liability arising under a contract is limited to the price paid for the goods, and KLEARFORCE is not liable for indirect or consequential loss, loss of profit or loss of business.
12.Governing law
These conditions and any dispute arising from them are governed by the law of England and Wales, and the parties submit to the exclusive jurisdiction of the courts of England and Wales.