Terms & Conditions
Trading Terms
1) These Trading Terms are applicable to all transactions that are entered into between Bill Hill & Partners Ltd. trading as Hill & Co. ("the Company") and customers. All sales made by the Company will be subject to these Trading Terms and by accepting the goods from the Company or by placing an order with the Company the buyer or consignee has full knowledge of and accepts these Trading Terms.
2) Terms of payment are that the price of the goods is payable in full within seven days of the date of the relevant invoice unless otherwise stated: if such terms are varied, the variation will be confirmed at the foot of the relevant invoice. The buyer will be responsible for all costs and expenses incurred by the Company in the collection of any debt due to delayed or non payment of account, and interest is payable to the Company on all overdue monies calculated on a daily basis from the date of due payment to the date of actual payment at such respective commercial rates as the Company shall borrow money from time to time.
3) (a) Until the buyer or consignee has fully paid for the goods property therein is retained by the Company although the risk in the goods will pass as detailed in Clause 3(b) or, in any situation not referred to in Clause 3(b), as though the property has passed in accordance with section 18 of the Sale of Goods Act 1919.
(b) Without prejudice to any other remedy available to the Company by reason of any loss suffered by it, any goods in the possession of the customer for which the Company has not received payment shall be returned to the Company. The customer hereby gives a licence to the Company and its agent to enter on any premises of the customer for the purpose of removing any such goods at any such time after the due date for payment of the price for the goods has passed and such price has not been paid in full.
4) (a) Delivery times are approximate and time for delivery shall not be of the essence. Any circumstances whatsoever completely beyond the Company's control that make it impossible for the Company to fulfil its obligations with regard to delivery dates are not circumstances entitling the buyer to cancel the contract. The Company will not be responsible for reimbursement of costs, consequential loss or damages of any nature whatsoever that are incurred by delays or late delivery.
(b) The risk in all goods sold ex Warehouse or C and F passes to the buyer as soon as the goods leave the Company's warehouse, in all goods sold FOB when delivered to the shipper, in all goods sold CIF when delivered to the buyer's premises or those of his appointed agent.
5) Copyright Indemnity - Insofar as the Company manufactures or supplies any goods in accordance with any specification drawing or design provided by or on behalf of the customer and the Goods or their said manufacture or supply constitute any infringement of any patent or copyright the property of any person then the customer shall indemnify and keep the Company indemnified against any claim, damage, loss or expenses made against or suffered by its arising out of or in connection with such infringement.
6) Artwork fees and deposits paid by the customer to the Company are not refundable.
7) If the customer inspects goods before purchasing them, any defects in such goods which ought reasonably to have been apparent on inspection will be deemed to have been brought to the customer's attention and the Company accepts no liability whatsoever in respect of any such defects. In respect of any other defect (whether or not inspection has taken place) the Company's liability shall be limited to a cancellation of the contract and return of the goods at the Company's expense and a refund of any monies paid by the customer to the Company, or (at the option of the Company) replacement at the Company's expense of the defective goods.
8) If any goods in respect of which the Company is bearing the risk until receipt by the buyer shall be lost, destroyed or damaged in transit to the buyer, the buyer shall still be responsible for paying the full price in respect of the goods to the Company unless the Company shall receive from the buyer notification in writing or by telex, cablegram or telegram within 7 days from the date of receipt of the goods (in the case of damage).
9) Goods despatched to customers on the basis of "sale or return", "approval", "approbation" or "consignment" are transported at the customer's risk and cost. Customers are responsible for any damage to or loss of the goods whilst in transit or in their custody. In the case of loss or damage the customer will always pay the Company the price shown on the consignment note or other relevant document.
10) All agreements between the Company and its customers shall be governed by English law..
