Terms & Conditions

D & D Dispersions Ltd

Conditions of Sale

In these conditions “the Seller” means D & D Dispersions Ltd. “The Buyer” means the person, firm or company purchasing the Goods. “The Goods” means the goods or materials which shall be the subject of the contract between the Seller and the Buyer. “The Price” means the price specified in the Seller’s Quotation, Acknowledgement or otherwise communicated to the Buyer and agreed.

1. Terms
All quotations are given and orders accepted by the seller on the basis of the conditions of trading set out below to the exclusion of any conditions of trading which the Buyer may purport to impose. No variation of these conditions shall be valid unless signed by the Seller.

2. Separate Contracts
Each shipment or delivery is to be treated as if it were made under a separate contract. Failure to make any particular shipment or delivery shall not entitle the buyer to refuse to accept further shipments or deliveries in respect of which orders have been made by the buyer.

3. Cancellation
Orders may only be cancelled whole or in part with the consent of the Seller.

4. Terms of Payment
Unless otherwise agreed in writing, all prices are strictly net cash for payment by the last day of the month following the month of invoice date. In case of failure to pay on the due date, all sums outstanding shall become payable immediately. If any payment is in arrears the seller shall be entitled (without prejudice to any other rights it may have) to suspend further deliveries until payment is received, whether or not such deliveries are due under the same contract or contracts. Interest at 8% over Natwest bank base rate shall be chargeable on overdue accounts at the seller’s discretion.

5. Price Variation
The seller reserves the right to charge the buyer with any increase in carriage, freight, insurance, and other transit charges which may occur after the date of acceptance of the contract and any charges incurred due to despatch as aforesaid should be considered by the seller to be reasonably necessary. The contract price shall be adjusted in the event that the seller’s costs increase after the date of the contract or in the event of abnormal economic contingencies. Where it becomes necessary for the seller to increase the price then the buyer shall have the option to either accept the revised price or cancel the outstanding balance.

6. Risk and Property
(i) Risk in the goods shall pass to the buyer on delivery but the property shall be retained by the seller until the buyer has paid for the goods in full or the goods are reprocessed or resold by the buyer.
(ii) In the event of non-payment by the buyer in accordance with the terms hereof or the buyer commits any act of bankruptcy or, if a limited company satisfies any statutory ground for winding up by the court or voluntarily (other than for the purpose of amalgamation or reconstruction), then without prejudice to any other remedies, the seller may cancel or suspend further deliveries without prejudice to other rights and the seller or its agents may enter the buyer’s premises to receive all goods in respect of which property has not passed.

7. Delivery
Dates given for despatch or delivery are quoted by the seller in good faith, but the seller shall not be liable for failure to deliver on the specified date or dates, or for any loss arising directly or indirectly out of delay in delivery.

8. Notification of Claims
(i) The Buyer shall inspect the Goods immediately upon delivery and shall within three days of such delivery (time being of the essence) give notice in writing to the Seller and the carrier of all claims on account of damage to or total or partial loss of goods in transit. Claims for non-delivery must be submitted in writing the Seller within fourteen days after notification of despatch.
(ii) The Seller shall be under no liability in respect of any defect in quantity or quality unless notified within ten days of delivery. Where the alleged defect is not immediately apparent, a longer period which the seller may reasonably allow in the circumstances will be granted.

9. Warranty
Subject to the Sale of Goods Act 1979, the seller warrants that the goods shall be of normal industrial quality and where a sample has been approved by the buyer, then the goods are in accordance therewith but give no guarantee of their suitability for any specific purpose even if that purpose is known to the seller. The seller’s liability is limited to replacement of any goods, which do not conform to the warranty.

10. Safety Instructions
The Buyer shall indemnify the Seller in respect of all damage or injury occurring to any person, firm, company or property and against all actions, suits, claims and demands, charges or expenses in connection therewith for which the Seller may become liable in respect of the Goods sold under the contract in the event that the damage or injury shall have been occasioned otherwise than by the negligence of the Seller. The Buyer undertakes to ensure that his servants or agents comply with the safety precautions or instructions for safe handling given by the Seller.

11. Force Majeure
(i) If circumstances beyond the control of either party (including but not limited to strikes, lock outs, accidents, government action) prevent the seller from making delivery and/or the buyer from receiving the goods as contracted, such party may by notice given as soon as reasonably practicable after the occurrence of such circumstances suspend the contract in relation to the affected deliveries or shipment, during the time that such circumstances continue and neither party shall be liable to the other for any damages thereby occasioned.
(ii) Should such suspension continue for more than 60 consecutive days the party who received notice of such suspension may at any time thereafter cancel any affected shipment or delivery under the contract and shall not be liable to the other party for any damages thereby occasioned.

12. Duty
All import duties; VAT and other import costs will be for the Buyer’s account.

13. Patents and Trademarks
No representation, warranty or indemnity is given by the Seller that the Goods do not infringe any letters patent, trademarks, registered designs or other industrial rights.

14. Assignability
The contract of which these Conditions forms part is personal to the Buyer who shall not assign the benefit thereof without the Seller’s written consent.

15. Interpretation
These Conditions and The Contract between the parties shall be construed and applied in accordance with the law of England and the English Courts shall have sole jurisdiction in any dispute relating thereto.

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