Terms & Conditions of Tade Sale

  1. All prices and quotations are given and orders accepted by Design Headwear Ltd (‘the seller’) on the basis of these Terms and Conditions of Trade Sale (‘these terms’) and shall exclude any terms or conditions which the Buyer may purport to impose (whether attached to or forming part of any order or other document or otherwise) and shall supersede any previous terms and conditions incorporated in any previous contract between the Seller and Buyer. No variation of these conditions shall be effective unless signed by the Seller. The giving of an order to the Seller constitutes an acceptance of these Terms by the Buyer, and if the Buyer does not wish to be bound by them it should not contract with the Seller which does not contract on any contractual terms other than these Terms.
  2. Every order placed by the Buyer shall on acceptance by the Seller, be treated as a separate contract. Any issue which may arise in respect of any contract between the Buyer and the Seller shall not affect in any way the performance of any other contracts, unless otherwise provided in these Terms.
  3. Unless otherwise agreed in writing, all invoices are strictly net cash and shall be paid within 30 days of the invoice date on approved credit accounts only. In case of failure to pay by the due date, all sums outstanding shall become payable immediately on all contracts between the Seller and the Buyer and the Seller may terminate any such contract on notice to the Buyer. The Seller reserves the right to charge the Buyer interest on any sum outstanding beyond the period of credit allowed at the statutory rate for the time being in force under the Late Payment of Commercial Debts (Interest) Act 1998. Where interest on any sum due accrues to the Supplier in accordance with this clause, any payment later received will be applied first in payment of the interest due, and secondly in reduction of the indebtedness. If any payment is in arrears the Seller shall be entitled (without prejudice to any other rights it may have) to suspend further deliveries under any contract with the Buyer until payment is received in full together with all accrued interest.
  4. All goods travel at the sole risk of the Buyer but the Seller remains their legal and equitable owner until payment for all goods under all contracts between the Buyer and the Seller has been received in full by the Seller. Until then the Buyer shall hold the goods as bailee for the Seller and in a fiduciary capacity and shall store the goods in such a way as to enable them to be identified as the property of the Seller. The Seller reserves the immediate right of re-possession of any goods in which title has not passed to the Buyer and to re-sell them. For this purpose the Buyer grants an irrevocable licence to the Seller to enter any of its premises or vehicles during normal business hours. The buyer may re-sell the goods before ownership has passed to it only on the basis that all sales shall be made in the ordinary course of the Buyer’s business at full market value and shall be sales of the Seller’s property on the Buyer’s own behalf and the buyer shall deal as principal when making such sales.
  5. The Buyer shall examine the goods on receipt. The Seller shall be entitled to reject any claim for defective goods unless such claim is notified to the Seller within 24hrs of delivery. If a helmet is found to be defective, the Seller will repair or replace the helmet at its sole discretion.
  6. If the Buyer wishes to cancel an order, such cancellation must be given in writing in reasonable time prior to execution of the order. Goods ordered and subsequently returned will not be accepted unless by prior agreement. Under such circumstances the Seller reserves the right to deduct a 10% handling charge from the value of the goods.
  7. The Seller shall not be liable for failure to perform its obligation under any contract where such failure results from circumstances beyond its reasonable control, including but not limited to interruption or failure of utility services, fuel shortages, any industrial dispute, severe weather conditions or floods.
  8. The Buyer shall indemnify the Seller against all costs, claims and expenses arising out of any action for infringement or alleged infringement of any patent, trade mark, registered design or copyright and any other claim resulting from compliance with the Buyer’s instructions, express or implied.
  9. Every contract between the Seller and the Buyer shall in all respects operate and be construed as an English contract and be governed by English Law and the parties submit to the non-exclusive jurisdiction of the English courts.
  10. Deliveries will be dispatched within 1-3 working days unless otherwise notified.
  11. Trade discounts may be applicable, based on pre-arranged levels of turnover to be determined by the seller. These will be reviewed and adjusted annually in January or sooner at the sole discretion of the seller. The buyer will be given written notification of any alteration to discount for the forthcoming year.