In these terms and conditions the ‘Company’ means ‘RITCHEY plc’ and the ‘Buyer’ means the party with who the Company is contracting,

1. PAYMENT TERMS

All invoices are payable by the last day in the month following the month of the invoice.
Any amounts expended in the recovery of the overdue debts will become the liability of the Buyer; no further supplies will be despatched until the amount is cleared and further credit guarantees have been obtained. The Company reserves the right to maintain a pro-forma system at its discretion. All sums not paid by the Buyer on the due date shall bear interest at a rate of 4% above the base rate of Barclays Bank plc per annum or part thereof (as well after as before judgement).

The time of payment shall be the essence of the contract.

Should default be made by the Buyer in paying any sums due under this or any other contract between the parties as and when it becomes due the Company shall have the right either to suspend all further performance of the contract until the default is made good or to cancel the contract so far as goods remain to be delivered.

2. PERFORMANCE

Any time or date for performance of the contract given by the Company is an estimate only and the Company shall not be liable for the consequences of any delay however arising.

3. PASSING OF PROPERTY AND RISK

Risk of damage to or lass of the goods shall pass to the Buyer from the time of delivery to the Buyers premises or from 14 days after the Buyer is notified that the goods are ready for despatch.

Where delivery is frustrated due to the fault of the Buyer, e.g. there is nobody available to sign for acceptance, the risk will pass to the Buyer and the Company will store the goods at the Buyer’s risk until delivery can be completed.

Notwithstanding delivery and the passing of risk in the goods the property in the goods shall not pass to the Buyer until the Company has received payment in full under this and any other contract between the parties under which payment is then due and until such time the Buyer shall hold the goods as the Company’s fiduciary agent and bailee and shall keep the goods separate from those of the Buyer or any third party and shall at all times ensure that they are properly stored protected fully insured and identified as the Company’s property.

Until that time the Buyer shall be entitled to re-sell or use the goods in the ordinary course of its business but shall account to the Company for the proceeds of sale or otherwise including insurance proceeds and shall keep all such proceeds separate from any money or property of the Buyer and third parties.

If the Buyer fails to make payment to the Company in accordance with the contract or if the contract is terminated in accordance with condition 5 the servants or agents of the Company may (without prejudice to any of the Company’s other rights) recover the goods and the Buyer hereby gives them an irrevocable licence to enter onto the Buyer’s premises for that purpose.

4. LIMITATION OF LIABILITY

Shortages, incorrect goods sent, discrepancies of any kind or damage in transit, must be notified to Ritchey plc within 2 working days of receipt of goods. Customers signing for the receipt of goods, not noting shortages or damage are liable for the loss. Customers signing for goods ‘unexamined or damaged’ must notify details within 2 working days of receipt of goods to avoid liability for the loss.

Any defects or shortages in the goods or their delivery shall not permit the Buyer to reject any other goads whether supplied under this contract or any other contract between the parties.

No warranty condition description or representation on the part of the Company is given or implied by these conditions nor from anything said or written in negotiations between the parties or their representatives by or on behalf of the Company prior to the contract and all statutory or other warranties conditions descriptions and representations express or implied as to state quality or fitness of the goods are hereby expressly excluded and without prejudice to the generality of the foregoing it is specifically agreed that the Company will in no circumstances be liable for any direct or consequential loss whatsoever.

In the event of the Company being found liable for any loss or damage (notwithstanding the provisions of any of these conditions) the liability shall in no event exceed the price payable under the contract and shall in any event cease if the Buyer shall not have paid any invoices from the Company an this due date.

Nothing in these conditions shall restrict the liability of the Company in respect of death or personal injury arising from the negligence of the Company or of its liability under the Consumer Protection Act 1987.

5. TERMINATION

If the Buyer shall make default or commit a breach of any of its obligations to the Company or if any judgement shalt be entered against the Buyer or distress or execution shall be levied upon the Buyer his property or assets or if the Buyer shall make or offer to make any arrangements or composition with creditors or commit any act of bankruptcy, or if any petition or receiving order shall be presented or made against him, or if the Buyer shall be a limited company and any resolution or petition to wind up such company shall be passed or presented otherwise than for reconstruction or amalgamation or of a receiver or administrative receiver of the buyers undertaking property or assets or any part thereof shall be appointed or if the Buyer is either a foreign company or individual any arrangements or events occurring under the law of the country of its domicile which shall have a similar effect those herein described, then in any such case, the Company shall have the right forthwith to determine any contract then subsisting and upon written notice of determination being posted to the Buyer at the Buyer’s last known address any subsisting contract shall be deemed to have been determined without prejudice to any claim or right the Company might otherwise make or exercise.

6. PROPER LAW

These conditions and any contract concluded subject to them shall be construed in all respects in accordance with English low.

7. QUOTATIONS

Any quotation given by the Company shall constitute an offer which must be accepted by the Buyer in writing on the Company’s standard form of acceptance attached to the Company’s written quotation which must be received by the Company within 30 days of the date of the Company’s quotation, unless otherwise stated in the quotation. Any other purported acceptance shall constitute a counter offer.