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USA Cooking Catalogue

FIRST CHOICE CATERING SPARES LTD Terms and Conditions discretion, refund to the Buyer the Price (or a proportionate part of the Price) but the Company shall have no further liability to the Buyer. 5.6 Except in respect of death or persona! injury caused by the Company's negligence the Company shall not be liable to the Buyer by reason of any representation or any implied warranty condition or other term, or any duty at common law or under the express terms of the Contract for any consequential loss or damage (whether for loss of profit or otherwise costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, it employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Buyer except as expressly provided in these conditions, 5.7 The Company shall not be liability to the Buyer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of the Company's obligations in relation to the Goods if the delay or failure w due to any cause beyond the Company's reasonable control. 6 Delivery of Goods 6.1 Delivery of the Goods shall be made to the Buyer's address on the Delivery Dale. The Buyer shall make all the arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 6.2 Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liability for any delay in delivery of the Goods howsoever caused. Time or delivery shall not be of the essence unless previously agreed by the Company in writing. The Goods may be delivered by the Company in advance of the other Delivery Date upon giving reasonable notice to the Buyer. 6.3 Where the Goods are to be delivered in installments each delivery shall constitute a separate contract and failure by the co to delivery any one or more of the installments in accordance with these Conditions or any claim by the Buyer in respect of any one or more installments shall not entitle the Buyer to treat the Contract as a whole as repudiated. 6.4 If the Company fails to deliver the Goods for any reason other than cause beyond the Company reasonable control or the Buyer fault and the Company is accordingly liable to the Buyer the Company's liability shall be limited to the excess (if any) of the cost to the Buyer (in the cheapest available market of similar goods to replace those not delivered over the Price of the Goods 6.5 If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery (otherwise by reason of any cause beyond the Buyer reasonable control or by reason the Company's fault) then without prejudice to any other right or remedy available to the Company the Company may. 6.6 Store the Goods until actual deliver/and charge the Buyer for the reasonable costs (including insurance) of storage or 6.5.2 sell the Goods at the best price readily obtainable and after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the Price or charge the Buyer for any shortfall below the price 7 Title and Risk 7.1 Risk of damage to or loss of the Goods shall pass to the Buyer. 7.1.1 in the case of Goods to be delivered at the Company's premises at the time when the Company notifies the Buyer that the Goods are available for collection or 7.1.2 in the case of Goods to be delivered otherwise than at the Company's premises at the time of delivery or if the Buyer wrongfully fails to take delivery of the Goods at the time when the Company has tendered delivery of the Goods. 7.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision to these Conditions the property in the Goods shall not pass the Buyer until the Company has received in cash or cleared funds payment in full of the Price of the Goods and all other Goods agreed to be sold by the Company to the Buyer for which payment is then due. 7.3 Until such time as the property in the Goods passed to the Buyer, the Buyer shall hold the Goods as the Company's fiduciary agent and bailee shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Company's property. Until that time the Buyer shall be entitled to resell or use the Goods in the ordinary course of its business but shall account to the Company for the proceeds of the sale or otherwise of the Goods whether tangible or intangible 7.4 Until such time as the property in the Goods passes to the Buyer and provided the Goods are still existence and have not been resold) the Company shall be entitled at any time to require the Buyer to deliver up the Goods to the Company and if the Buyer fails to do so forthwith to enter any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. 7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company but if the Buyer does so all monies owing by the Buyer to the Company shall (without prejudice to any other right or remedy of the Company! forthwith become due and payable. 8 Insolvency of the Buyer 1 This clause applies if: 1.1 the Buyer makes any voluntary with its creditors or becomes subject to an administration order or (being an individual for firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purpose of amalgamation or reconstruction) or 1.2 an encumbrance takes possession or a receiver or manager or administrator receiver or administrator is appointed of any of the property or assets of the Buyer or 1.3 the Buyer ceases or threatens to cease to carry on business or 1.4 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly. 2 If this clause applies the without prejudice to any other right or remedy to the Company the Company shall be entitled to cancel the Company or suspend any further deliveries under the contract without liability to the Buyer and if the Goods have been delivered but not paid for shall become immediately due and payable notwithstanding any previous agreement to the contrary. 9 Information The Company will provide the Buyer on request with information a to the proper and safe use of the Goods and the Buyer shall at all times obey and comply with and shall procure that any third party shall comply with the Company instructions or other information relating to the use of the Goods. 10 General 10. l Any notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice. 10.2 No waiver by the Company of any breech of the Contract by the Buyer shall be considered as a waiver of any subsequent breach of the same of or any other provision. 10.3 If any provision of the Conditions is held by any competent authority to be invalid or unenforcable in whole or in part the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected thereby. 10-4 The Contract and the Conditions shall be governed by the laws of England. 10-5 The parties hereby submit to the exclusive jurisdiction of the English courts. 570 Tel: 01543 577778 Fax: 01543 504141 Email: enquiries@firstchoice-cs.co.uk Web: www.firstchoice-cs.co.uk


USA Cooking Catalogue
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