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TERMS AND CONDITIONS OF SALE OF PROFESSIONAL CHOICE LTD.
1. Interpretation.
(a) “The Company” Professional Choice Ltd
(b) “The Buyer” means the person, firm or company to whom any quotation is given or with whom any contract is made.
(c) The “Products” means the products of any part thereof agreed to be sold .
2. Contract
(a) The Contract shall be made only upon the Company’s acceptance of the Buyer’s order for the Products which are the subject of the Contract (“The Products”). The date of the Contract shall be the date specified in the Invoice as being the date of delivery or the Invoice date (whichever shall be the earlier) issued to the Buyer (“The Invoice Date”).
(b) The Conditions shall prevail and shall be accepted by the Buyer to the exclusion of any terms or conditions which the Buyer may purport to stipulate. Each Buyer’s order and acceptance by the Company in accordance with these Conditions shall constitute a separate contract between the Company and the Buyer except to the extent that the Company has retained title in respect of any other Products.
(c) All products marked “FOR PROFESSIONAL USE ONLY” shall not be resold to any person or individual in any manner whatsoever and may only be used in the course of the Buyer’s hairdressing business.
3. Price
(a) The Seller reserves the right to revise its prices at any time without prior notification.
(b) V.A.T. will be charged at the rate in force at the Invoice Date.
(c) Quotations are given E&OE (errors and omissions excepted).
4. Products
(a) The Seller reserves the right to adjust weights or packs as necessitated by change of formulae or container or for any other reason.
(b) All display and other marketing material which is supplied without charge by a sales representative or delivered with the Products or separately is for use by the Customer only and shall remain the property of the Seller and shall be returned to the Seller in good condition if and when requested.
(c) The Customer shall at all times use the Products strictly in accordance with their accompanying documentation and instructions restrictions.
5. Delivery
(a) Delivery of the Products shall be the responsibility of the Company. The risk in the property of all such products passes to the Buyer on delivery.
(b) The Buyer shall not at any time be entitled to cancel the Contract or return the Products.
(c) The Customer shall not return any Products to the Seller unless the Seller has authorised the return.
If no written notice is received by the Company within 7 days after actual delivery, the Products shall be deemed to have been accepted by the Buyer as being in good order and condition and inconformity with any sample or description and with the Contract. No claims will be accepted thereafter. If it should be agreed by the Company in relation to any claim that the Buyer was entitled to reject the Products then any damage recovered by the Buyer shall be limited to the purchase price under the Contract for any Products rejected by the Buyer and the Company reserves the right to deliver Products in substitution for any Products so rejected.
6. Storage
Until such time as the Buyer becomes the owner of the Products, the Buyer shall store the Products apart from the other goods of the Buyer and in a manner which makes them readily identifiable as the Company’s property.
7. Title
The Company retains title to the Products until all amounts due from the Buyer are paid. The Company may for the purpose of recovery or re-sale of any unused or unsold Products enter upon any premises of the Buyer by its servants or agents where the Products are stored or where they are reasonably thought to be stored and re-possess the Products provided that this power shall be without prejudice to any other remedies of the Company and shall only operate (1) if on the expiry of the Payment Period any amounts due under the Contract are unpaid in whole or in part; or (2) upon the commencement of any act or proceeding in which the Buyer’s solvency is involved.
8. Force Majeure
Any liability of the Company shall be excluded in the event of any circumstances beyond its control preventing it from carrying out its obligations hereunder.
9. Law
The Contract shall be governed in all respects by the laws of England.
Professional Choice Ltd Tel: 01604 761000 Fax: 01604 761002
Registered in England. Company Number: 5159759
