The Buyer must inspect all goods upon delivery and within 7 days of the date of delivery give notice with full details and description to the Seller named in the relevant Sales Invoice if the Buyer alleges that the goods are not in accordance with the Buyer’s order. Failing such notice, the goods shall be deemed to have been delivered to and accepted by the Buyer.
When any non compliance with the Buyer’s order is accepted by the Seller, the Seller may, at its option, replace the goods, or refund the price of the goods
Goods supplied by a Seller to the Buyer shall be at the Buyer’s risk immediately upon delivery to the Buyer, into the Buyer’s custody or at the Buyer’s direction (whichever happens first).
The Buyer shall insure the goods from the time of that delivery at its cost against such risks as it thinks appropriate, shall note the interest of the Seller named in the relevant Sales Invoice on the insurance policy and shall produce a certificate to this effect to that Seller upon request.
Property in the goods supplied by a Seller to the Buyer under these terms and conditions shall not pass to the Buyer until those goods and other goods have been paid for in full.
Until the Seller receives full payment in cleared funds for all goods and services supplied by it to the Buyer, as well as all other amounts owning to the Seller by the Buyer:
The Buyer shall store the goods in a manner which shows clearly that they are the property of the Seller which supplied them; and
The Buyer may sell the goods, in the ordinary course of its business, as agent for the Seller and shall account to the Seller for the proceeds of sale (including any proceeds from insurance claims). These proceeds must be kept in a separate bank account.
The Buyer irrevocably authorises each Seller at any time to enter onto any premises upon which:
The Seller’s goods are stored to enable the Seller to: – inspect the goods; and/or – if the Buyer has breached these terms and conditions, reclaim the goods;
The Buyer’s records pertaining to the goods are held to inspect and copy such records.
The Buyer and each Seller agree that the provisions of this clause apply notwithstanding any arrangement under which that Seller grants credit to the Buyer.