These conditions shall apply to all orders placed with the Brixton Pottery Ltd. ("the Company") by any person, firm or company ("the Buyer") without variation (save only such variations as are in writing signed by or on behalf of both parties) and shall prevail over any other terms sought to be incorporated herein. Having purchased goods from the Company subject to these conditions the Buyer shall be deemed to be on notice thereof and all subsequent sales shall be subject hereto whether or not there is a formal written order containing reference to these conditions.
2. The Company may at any time without any liability on its part cancel or at its option suspend any order or any part thereof unfulfilled if the Company shall be unable to fulfil the same due to any matters beyond its control including (but without prejudice to the generality of this condition) any strike labour trouble, shortage of material fire or other accident.
3. The Company's terms for U.K. customers are strictly net cash within thirty days of the date of invoice which is generally the date of despatch the company reserves the right to charge interest at 2% per month on all overdue invoices and to cancel or suspend any other orders it may have with the Buyer if payment has not been made in accordance with its payment terms. Customers outside the U.K. must pay at least 60% of the invoice amount pro forma, and a cheque for the balance must be dispatched as soon as the goods arrive. This is because foreign cheques take up to 30 days to clear in the U.K. Payment must be made in pounds sterling by sterling cheque or draft or by inter bank transfer. If the the Buyers cheque fails to clear, or has to be re-presented the Company will automatically make a charge, which will appear on the customerâ€™s next statement. The charge for bounced or represented cheques will be Â£6.
4. Until goods have been paid for in full title thereto shall remain with the Company. The Buyer shall keep the goods physically separate from all other goods and will hold the same to the Companyâ€™s order. If the Buyer shall have purported to sell such goods before making payment to the Company in respect thereof it shall hold the proceeds of sale as trustee on behalf of the Company.
5. All goods delivered by the Company to the Buyer pursuant to any order shall be deemed to comply in all respects with the obligations of the Company to the Buyer and to have been accepted by the Buyer unless within seven days of the date of delivery notice in writing shall be given to the Company of the alleged defect in the said goods or of any matter whereby the goods are alleged not to be in accordance with the order or contract and the Buyer returns such goods to the company within five days of such notice. In the event of any goods being returned after the said period the Company shall be entitled to return the same to the Buyer at the Buyer's expense, and shall not be responsible for the safe custody or care thereof. Any claim for non-delivery of any goods must be made within seven days of the delivery of the invoice therefor failing which no such claims will be allowed.
6. No oral statement made by the Buyer or the Company or their servants or agents shall form part of any contract between the parties whether the same purports to be in the nature of a condition warranty representation or collateral contract.
7. Because spongeware is hand decorated and designs are subject to continuous evolution minor differences of colour decoration material or dimension between the goods and any sample of the goods which may have been shown to the Buyer shall not entitle the Buyer to return the goods or any part of them or to rescind the contract between the parties or give the buyer any right in damages or for compensation against the Company.