TERMS AND CONDITIONS OF BUSINESS 2020
These terms & conditions set out the main terms of business between Myra Spooner trading as Nimmo & Spooner (Seller) and you, the customer, being a business (Customer) as follows:
1. The goods (Goods) sold to the Customer by the Seller are sold “as seen” and no representations or warranties are given as to their age, quality, condition, state or description. All implied statutory or common law terms, conditions and warranties as to the Goods are excluded to the fullest extent permitted by law.
2. Nothing in these terms & conditions shall limit or exclude the Seller's liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or
(d) any matter in respect of which it would be unlawful for the Seller to exclude or restrict liability.
3. Payment for the Goods is required within 14 days of receipt of the Seller’s invoice relating to the same or on receipt of the Goods, whichever is the sooner.
4. Title to the Goods will only pass to the Customer on payment in full of the purchase price in cash or cleared funds. Until title in the Goods has passed to the Customer, the Customer shall not sell or otherwise dispose of the Goods and shall keep them in a safe and satisfactory condition, insuring the Goods to their full purchase price.
5. All risk in the Goods shall pass to the Customer immediately on the Goods leaving the Seller’s premises unless agreed otherwise.
6. In the event that the Seller is asked by the Customer or the Customer’s agent to organise shipping, the Customer shall take full responsibility for and risk in the Goods from the date on which the Goods leave the Seller’s premises and shall pay in full for such shipping forthwith when requested. The Seller has no responsibility for damage or loss of the Goods once the Goods have left the Seller’s premises. The Seller shall have no responsibility for any delays in delivery of the Goods to the Customer’s premises.
7. Neither party shall be in breach of these terms & conditions nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
8. These terms & conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
9. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.