1: DEFINITIONS

“Buyer” shall mean the person or firm referred to on Kingsbury Pallets Ltd, delivery notes & invoices
“Conditions” shall mean the Sellers general terms & conditions of offer & sale set out below
“Contract” shall mean the agreement between the Buyer & the Seller for the purchase of the Goods. Including therein the Conditions and all other documents to which reference may properly be made in order to ascertain the rights & obligations of the parties under the said agreement.
“Contract Price” shall mean the sum in the seller’s quotation.
“Goods” shall mean the goods to be supplied under the Contract
“Equipment” shall mean equipment or plant made available to the Buyer to facilitate the service.
“Seller” shall mean Kingsbury Pallets Ltd (KPL)

2: OFFER & ACCEPTANCE

The Seller’s quotation shall constitute an offer to supply goods (The Goods) on and subject to the several terms and conditions of offer and sale hereinafter set out (The Conditions). An order shall only be accepted subject to the Conditions notwithstanding that the order form or document whereby the Buyer placed his order with the Seller may contain or refer to printed terms and conditions inconsistent with or differing from the conditions. Such order form or document shall be deemed to constitute an unqualified acceptance of the Conditions unless expressly varied by the Seller in writing. An offer must be placed with the Buyer in response to a quotation within 30days of the quotation after which it shall deemed to have been withdrawn.

3: DELIVERY

Delivery shall mean delivery of goods to the Buyer at the Sellers works or delivery of Goods to a carrier nominated by the Buyer. In the absence of specific instructions from the Buyer the Seller may nominate a carrier. The Buyer is required to acknowledge receipt of all Goods by signing the appropriate delivery note. The delivery note, duly signed, should be forwarded to the Seller . If shipments are delayed upon the Buyers request or as a result of delayed payment by the Buyer, then the Buyer shall be charged storage costs for every month. Or part thereof, after notice that the Goods are ready for delivery.
The delivery date stated in the contract is given as accurately as can be predicted, but it is deemed not to be the essence of the contract and the Buyer shall not be entitled to refuse delivery on account of delay, however so caused.

4: PAYMENT

Payment shall be made 30 days following the end of the month of invoice. If the account is overdue the Seller may suspend without notice, performance of any of its obligations.

5: TITLE

The ownership of the goods shall remain with the Seller & shall only pass to the Buyer when payment for the goods is received in full by the Seller. Should the goods be merged, incorporated into or combined in any way with any other goods before payment is received the Seller’s ownership shall be deemed to extend to those goods. If such payment is overdue in whole or part we may (without prejudice to any other rights of the Seller) recover or resell the goods or any of them and may enter upon your premises by the Sellers servants or agents for that purpose. Such payment will become due immediately upon the commencement of any act or proceeding in which the Buyers solvency is involved. Should any of the or such goods with which they have been merged, incorporated into or combined with be passed into a third party the Sellers ownership of the goods shall be deemed to extend and any monies received by the Buyer from the third party for the goods shall be deemed to be held in trust for the Seller and payment to the Seller in full shall be made from those monies.

6: RISK

The risk in the goods shall pass to the Buyer on delivery of the goods. The Seller has no responsibility in respect of the safety of the goods thereafter and accordingly the buyer should insure the goods thereafter against such risk as seem appropriate.

7: GOODS LOST IN TRANSIT

If the goods have not been received within two days of despatch the Buyer shall advise the Seller in writing immediately.
Upon receipt of such notice within the period specified, the Seller will use reasonable endeavours to assist the Buyer to obtain proof of delivery or admission of damage or short delivery from the carrier.

8. LIABILITY

8.1 KPL accepts no liability nor responsibility for any loss, costs, claims expenses or liability (in each case whether direct, indirect or consequential) incurred by the Buyer arising out of or in connection with (i) Buyer’s use of the Equipment(s) including; or (ii) any cause beyond KPL’s reasonable control.

8.2 KPL will not be liable to Buyer for any delay or failure by KPL to perform any of its obligations under the contract if the delay or failure was due to a cause beyond KPL’s reasonable control.

8.3 Buyer will indemnify and keep indemnified KPL immediately upon demand against any loss,theft, costs, claim, expense or liability (in each case whether direct, indirect or consequential) whatsoever incurred by KPL arising out of or in connection with (i) the loss of or damage to the Equipment(s) during the Hire Period; (ii) Buyer’s use of the Equipment(s); (iii) Buyer’s breach of its obligations under the Agreement.

8.4 Buyer shall be liable for any loss incurred by KPL caused by Buyer’s failure to return the Equipment(s) on time or Buyer returning a Equipment in such a condition that it is unavailable for hire to others.

8.5 If the Buyer does not comply with the Agreement, KPL may require Buyer to return the Equipment(s) within 2 days or shall be entitled at its sole discretion to collect the Equipment(s) from Buyer in each case at the Buyer’s expense.

8.6 KPL gives no guarantee to Buyer that the Equipment Hired by Buyer will be suitable for the purposes contemplated by Hirer.

8.7 Subject to section 8.8 and notwithstanding any other provision in these Conditions, KPL’s liability in respect of all claims, losses or damages of whatever nature (and in each case whether direct, indirect or consequential), whether arising from tort, breach of contract, indemnity or otherwise under or in connection with the Agreement shall not exceed the aggregate of the charges paid by Buyer to KPL under the Agreement.

8.8 Nothing in the Agreement shall exclude or limit either party’s liability for any death or personal injury caused by negligence or for any other liability which cannot be excluded or limited by law.

9: ISPM15

Kingsbury Pallets Ltd is registered with the UK wood packing material marking programme and licensed under registration number FC0694. The application of that mark to Sale Pallets supplied to the Customer by Kingsbury Pallets Ltd certifies that the Sale Pallets have been heat treated within the United Kingdom to prescribed standards.

Kingsbury Pallets agrees to comply with regulations required to meet such standards before application of the mark but cannot be held responsible for any export requirements, advice in relation to which should be sought by the Customer.