Conditions of Sale
1. Quotations, Acceptance of Orders etc.
(a) All Price Lists, quotations and estimates are subject to alteration without notice and shall only become binding when the buyer’s order is accepted by Vita Direct (hereinafter called “the seller”) in writing.
(b) All quotations or estimates given, orders accepted and supplies are made subject to these terms and conditions and no others. No addition and modification of these terms by the Buyer shall be deemed to have been accepted by the Seller or to form part of any contract between the Buyer and the Seller unless the Seller has specifically and expressly accepted the same in writing.
(c) The Seller’s acceptance of any order is subject to satisfactory references, if required by the Seller.
If between the date of any order and the date or dates of delivery there are any price increases in the cost of material, labour, overhead expenses, transport or any other costs which affect the manufacture or the delivery of the Goods, then the price or prices stated herein shall be increased accordingly.
(a) While the Seller will make every effort to give delivery at the date required by the Buyer, this date is not guaranteed or deemed to be the essence of the contract.
(b) If the Buyer fails to take delivery in accordance with the terms of the contract, the Seller shall be entitled, if he so wishes, to postpone or cancel delivery without liability on his part and without prejudice to any right of remedy available to the seller against the Buyer.
(c) The Seller may postpone any delivery or part thereof under any binding order until amounts then owing by the Buyer to the Seller shall have been paid, or may cancel any obligation under any contract where default has been made by the Buyer under that or any other contract, but without prejudice to any right or remedy which the Seller may have against the Buyer.
(d) The Seller reserves the right to cancel or reduce any order in the event of him being unable, for any reason, to execute either the whole or part thereof.
4. Title and Risk
(a) The goods shall be at the Buyer’s risk from the time of delivery or, if earlier, when they are placed at the Buyer’s disposal.
(b) Notwithstanding delivery, the property in the goods supplied by the Sellers or at their order shall not pass to the Buyer until such time as the Buyers have paid for them and for all other goods previously supplied to the Buyers by the Sellers or at their order.
(c) The intending Buyer acknowledges that until such time as payment has been made the buyer is in possession of Goods solely as a bailee for the Seller and shall store the goods separately from its own goods and in such a fashion as to be readily identifiable by the Seller.
(d) In the circumstances where Goods are delivered to an address specified by the Buyer, the Seller shall be entitled at any time until resale of the Goods immediately after giving notice of its intention to do so enter upon the premises of the Buyer with such transport as may be necessary and repossess any Goods or products to which it has a title hereunder.
(e) Nothing in this clause shall confer any right on the Buyer to return the goods sold hereunder or to refuse or delay payment thereof, unless otherwise agreed.
5. Terms of Payment, Bankruptcy, Liquidation
(a) Unless otherwise agreed the terms are strictly 28 days on invoice and time of payment is the essence of the contract.
(b) Interest at the rate of 1.5% per month on the unpaid balance of the Buyer’s account shall be added on any such balance unpaid for 28 days or more.
(c) Accredited representatives of the Seller are authorised to to accept payment against a proper receipt.
(d) The Seller reserves the right to withdraw credit facilities if circumstances arise which, in his view, obliges him to do so.
(e) If the Buyer shall make default in or commit any breach of any of his obligations to the Seller or if any distress or execution shall be levied upon the Buyer’s property or assets or if the Buyer shall make or offer to make any arrangement or composition with creditors or commit any act of bankruptcy or if any Petition or Receiving Order in Bankruptcy 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 a Company’s business shall be passed or presented, or if a Receiver of such a Company’s undertakings, property or assets, or any part thereof, shall be appointed, the Seller shall have the right forthwith to determine any contract then subsisting and to cancel any outstanding delivery or deliveries and to stop any Goods in transit: but all without prejudice to any remedy which the Seller may have in respect of the consequential non-completion of the contract.
(f) The Seller’s acceptance of any order is subject to satisfactory references, if required by the Seller.
6. Damage, Shortage, Non-Delivery
(a) Written notice of any claim for the damage or shortage must be given to the Seller, and if appropriate, to the Carriers within three days of delivery. The Goods must be retained for inspection by the Seller.
(b) Claims for non-delivery must be made within 14 days of the despatch date.
7. Replacement of Defective Goods
(a) All Goods supplied are warranted by the manufacturers to conform in every respect with the requirements of the Food and Drugs Act 1955, and of all regulations in force relating to such Goods.
(b) The Seller’s liability is restricted to the replacement of any Goods proved to have been received in defective condition.
8. Construction and Proceedings
This contract shall be construed in accordance with English law. Any proceedings relating to any dispute arising under or in connection with this contract shall be bought in the English Courts and in no other Courts, and the Seller and Buyer hereby agree to submit to the jurisdiction of the English Courts in respect of any such dispute.
9. Super Savers, Sales & Offers
All offers, offer prices and offer duration are at Vita Directs discretion or while stock lasts.
Important Notes on Product Information
The specification and description of goods in our catalogue and website are correct to the best of Vita Direct knowledge at the time of going to press. In accordance with the company’s policy of continual improvement and in view of rights claimed by manufacturers’ to change specification without notice, customers are advised to check any information they are to depend on at the point of purchase.
© Vita Direct 2015
No part of this publication may be reproduced or transmitted in any form without written permission of Vita Direct, the copyright holder.