R.Platini Ltd t/a Bellini
Conditions of sale & provision of services
Definition
General Summary
All customers wishing to open a credit account must complete the Company’s application form and sign to agree to having read these terms and conditions.
On receipt of such application, the Company will perform a search with a registered credit reference agency and may also perform enquiries about the principal directors which will remain on file.
Credit can be withdrawn by the company by written communication to the customer.
Payment for goods is to be made by cash, bacs transfer or credit card.
Payment
(a) All prices quoted by the Company are strictly net.
(b) Unless otherwise agreed in writing payments for all goods or services performed by the Company shall be due within 30 days after dispatch of the goods by the Company or performance of the services.
(c) It is a condition that in the event of one invoice becoming overdue for payment then all outstanding invoices irrespective of the date of issue become payable forthwith.
(d) If any sun remains unpaid after the end of the month following that in which the goods or services to which it relates were dispatched or performed the customer shall pay a surcharge of £40 or 2.5% of the outstanding balance, whichever is the greater.
(e) Any unsettled accounts that are 90 days past their due date will be passed to the Company’s legal department for collection where interest will be added at a daily rate and further costs incurred to the customer. Any customers that are pursued for payment in this way will have the credit facilities withdrawn and will be invoiced on a ‘proforma’ basis for future transactions.
Delivery
(a) The company will endeavour to comply with any delivery date or period agreed with the customer, but shall be under no liability for any delay in delivery caused or contributed by fire, accident, breakdown, industrial dispute, difficulty in obtaining materials, war or any other occurrence or circumstances whatsoever beyond the control of the company.
(b) Any quoted or agreed delivery shall run from the date which the customer’s order is accepted by the company.
(c) If as the result of any occurrence mentioned in (a) above, the company shall be hindered or prevented from delivering all or any part of an order it may be by written notice to the customer cancel the order or the undelivered balance thereof without any liability to the customer in respect of such cancellation,
(d) Any delay in delivery of goods which is excusable under this Condition shall be excused notwithstanding that goods of the same description may be available from another source for purchase by the company for supply to the customer.
Quotation/Prices
(a) The company shall be entitled to withdraw any quotation at any time prior to the company’s acceptance of an order. Unless otherwise stated in the quotation, every quotation shall lapse unless accepted within 7 days from the date on which it was dispatched to the customer.
(b) The company establishes each day, by reference to the ruling market prices, standard selling prices for each metal according to the quantity and/or description of the metal or goods to be sold and the credit terms of sale. Unless otherwise agreed, goods are sold by the company on the condition that the price for each metal contained therein shall be the company’s relevant standard selling price so established on the date of dispatch of the goods and all quoted prices for goods shall be subject to immediate payment by the customer.
(c) Unless otherwise agreed in writing, any sum comprised included or referred to in the company’s quotation or acceptance of order (whether as a separate figure or otherwise) which represents a charge for anyone or more of the company’s manufacturing processes to be carried out to or in connection with the goods or services to which such quotation or acceptance of order relates may after formation of the contract be increased by the company to take account of any increase in the cost of such processes whether arising from an increase in the cost of labour or raw material or otherwise subject however to such relevant legislation relating to prices as shall from time to time be in force.
Quality/Performance
(a) The company warrants that any goods sold or supplied hereunder:
(i) Shall be free from defects in workmanship or material
(ii) Shall conform to any written specification expressly agreed by the company to comply thereto and
(iii) Shall in the case of precious metal, conform to the usual purities accepted by the trade as standard.
(b) Except as expressly provided by (a) above, all conditions and warranties, expressed or implied as to the quality of any goods sold or their fitness for any particular purpose of their performance capability or otherwise and whether arising by law, custom or any cause of dealing are hereby excluded and the company shall be under no liability whatsoever in respect of any loss, damage, liability or expense suffered or incurred by the customer as a result of or in connection with the sale or supply of any goods or the performance of any service by the company even if suffered or incurred in consequence of the negligence of the company or its servants, agents or subcontractors.
(c) Tolerance on weights and dimensions.
(d) Where the customer has not specified otherwise, a tolerance of + or – 5% of the specified weight/dimension may be applied.
(e) Diamond grades and colours are approximate and may vary by + or – 2 grade and two colours up or down.
Damages
The company’s liability if any (whether in contract or in tort and excluding any liability involving negligence) shall in no circumstances exceed the price actually received by the company for the goods or services in relation to which such liability shall have arisen provided as follows:
(i) In the case of goods which are defective or at variance with the specification the company may at its option discharge liability by repairing or replacing the goods free of charge.
(ii) The company shall before replacing any goods under (i) above be entitled to the return of the goods which shall thereupon become the property of the company.
(iii) The company shall not in any circumstances be liable for any incidental or consequential loss or damage.
(iv) The company shall be discharged from all liability in respect of goods which are defective or at variance with specification unless written notice of the defect or variance from specification is given to the company within 30 days of delivery of the goods to the customer.
Retention of Title
Not withstanding delivery and the passing of risk in goods delivered to the customer, or any other provisions of these terms and conditions, legal title in the goods supplied to the customer by the company shall not pass to the customer until the company has received in cash or cleared funds, payment in full of the price of the goods and all other goods agreed to be sold by the company to the customer for which payment is then due.
Until such time as title in the goods passes to the customer (and provided the goods are still in existence and have not been resold), the company may at any time require the customer to deliver the goods to the company and, if the customer fails to do so, forthwith, may enter on any premises of the customer or any third party where the goods are stored to repossess the goods.
The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain the property of the company, but if the customer does so, all monies owing by the customer to the company shall (without limiting any other right or remedy of the company) forthwith become due and payable.
Off-setting
(a) The company may at any time without notice to the customer, off-set any liability of the customer to the company against any liability of the company to the customer whether the liability of the customer or the company shall be actual or contingent primary or collateral or joint or several and whether expresses as a liability to pay money or a liability to deliver or transfer goods.
(b) For the purpose of off-setting of a liability to pay money against a liability to deliver or transfer goods, the company may at any time without notice to the customer convert any liability of the company or the customer to deliver or transfer goods into a liability to pay the market value of the goods in pounds sterling as at the date when the company elects to make such coversion.
Suspension & Cancellation
(a) Without prejudice to any available remedy the company may, if the customer is in default in making payment due to the company or to any other wholly owned subsidiary of the company, suspend further transfer or delivery of goods or performance of services as long as such default continues or at its option, cancel any outstanding order or the undelivered balance thereof, without any liability to the customer in respect of such suspension or cancellation, and the customer shall indemnify the company against any loss, damage, liability or expense suffered or incurred by reason of such suspension or cancellation, including but not limited to precious metal leasing costs based on daily market rates and inventory storage costs. Payment for such loss, damage, liability or expense shall be due within 48 hours of the date of invoice for the same.
(b) The customer shall not be entitled to cancel any order placed with the company or to require the company to suspend or defer any delivery to the customer under any such order except with the written consent of the company and upon such terms as the company shall attach to such consent.
(c) Notwithstanding (b) above, the company at its sole discretion may accept goods for return within 7 days of invoice date when accompanied with the original invoice. Where the company’s labels have been removed, a re-stocking fee of £10.00 per item plus vat will be charged.
No Assignment
No contract entered into by the customer with the company and no liability of the company to transfer or deliver goods to the customer shall be assigned by the customer without the written consent of the company which the company may give or withhold in its absolute discretion.
Property/Risk/Transit
(a) All goods sold by the company shall remain the property of the company until payment of the price in full.
(b) The goods shall be at the sole risk of the customer from the time at which they are dispatched to the customer at the agreed place of delivery (whether the carriage is arranged and/or paid by the company or customer) The same conditions shall apply to goods collected direct from any office of the company.
(c) The company shall not in any circumstances be liable for loss or damage to goods in transit to the customer unless the company has agreed in writing to insure or underwrite the value of the goods.
(d) In the event of loss or damage to goods the customer shall:
(i) Report any damage or shortage in writing to the company within 7 days after delivery
and
(ii) In the event of a total loss, the customer gives written notice to the company of the non-arrival of the goods within reasonable period (not exceeding two weeks) after receipt of the company’s invoice.
(e) Goods sold by the company and returned by the customer to the company shall be at the sole risk of the customer until such goods have been received by the company at the premises of the company where (having regard to the nature of the goods and the reason for the return) the goods will be unpacked and or inspected. This paragraph shall apply notwithstanding that the goods shall come into the possession of the company at some earlier time, whether by collection or otherwise.
Tools
Unless otherwise agreed by the company in writing, all tools, dies, patterns and other items made or owned by the company for the execution of the customer’s orders shall remain the property of the company notwithstanding any charge to the customer in respect hereof.
Patents
To the best of the company’s knowledge, goods sold to the customer will not infringe any patent, trade mark, registered design or copyright of any third party but the company shall in no circumstances be liable to the customer in respect of any such infringement.
General
Unless otherwise agreed in writing by the company, goods are sold to manufacturing tolerances customarily accepted in the trade.
Proper Law
Unless otherwise agreed in writing, any contract between the company and the customer shall be governed by English law.
December 2011
