when goods are taken from the vehicle at the delivery point in the United Kingdom specified in writing by the Customer and agreed by the Company prior to despatch.
(b) In the case of carriage arranged by the Customer by its own transport or otherwise when the goods are loaded onto the vehicle used.
(c) Requests for deliveries to contract sites will be facilitated as much as possible with the co-operation of our carriers. Please ensure that there is assistance available off-loading. Information on date of delivery is given in good faith. Bond It cannot accept responsibility for delays in delivery however caused.
(d) If goods are damaged in transit the carriers note must be endorsed accordingly and Bond It notified of the damage within 7 days. Failure to notify will invalidate any claim.
(E) If goods are delivered to site as requested and inadequate facilities or personnel are available to offload or the site is closed, the carrier will leave and return at the next available opportunity. Please note that the carriage surcharge, at cost, will be passed on to the customer.
8. RISK
(a) The risk in the goods will pass to the Customer upon delivery. (b) The Customer shall inspect goods immediately and shall within 3 days of delivery, time being of the essence, give notice in writing to the Company and to the carrier of any claims on account of damage or total or partial loss of goods in transit. The Customer will be deemed to have inspected and accepted goods as satisfactory.
(c) Notice on non-delivery must be given in writing by the Customer within 7 days of the date of invoice otherwise claims will not be accepted.
(d) If the Customer shall fail to make such notification (whether by reason of its failure to carry out an inspection of the goods in sufficient time or for any other reason) the Company shall be under no liability whatsoever in respect of any loss of or damage to the goods howsoever occurring after they were handed to the carrier and the Customer shall remain liable to pay the full price for goods so lost or damaged.
9. RETENTION OF TITLE
(a) Full legal and beneficial title and ownership of the Goods shall pass to the Customer once the Company has received in full (in cash or cleared funds) all sums due to it in respect of: (i) the contract, and (ii) all other sums which are or which become due to the Company from the Customer under any other contract or account
(b) Until title and ownership of the Goods has passed to the Customer, the Customer shall: (i) hold the Goods on a fiduciary basisas the Company’s bailee; (ii) store the Goods (at no cost to the Company) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as the property of the Company;
(iii) not destroy, deface or obscure any identifying mark or packaging on or relating to the goods; and
(iv) maintain the goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Customer shall produce the policy of insurance to the Company; and
(v) hold any proceeds of sale of the goods on behalf of the Company in such a way that they are kept in a separate account and remain readily identifiable as being held on trust for the Company.
(c) The Customer’s right to possession of the goods shall terminate immediately if title and ownership of the goods has not already passed in accordance with condition 9(a) and: (i) the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the releif of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation of the Customer, or
(ii) the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under any contract between the Company and the Customer, or is unable to pay its debts within the meaning of section 123 of the insolvency Act 1986 or the Customer ceases to trade; or (iii) the Customer encumbers or in any way charges any of the goods.
(d) The Company shall be entitled to recover payment for the goods notwithstanding that legal and beneficial ownership and title of any goods has not passed from the Company.
(e) The Customer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the goods are or may be stored in order to inspect them, or, where the Customer’s right to possession has terminated, to recover them.
01422 315301
115
APPENDICES: Terms & Conditions
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