Terms and Conditions
1. INTRODUCTION
In these conditions “the Seller” shall mean Knight Tools Limited, “the Buyer” shall mean the person, firm or company purchasing the Goods (named above/or on the reverse side) and “the Goods” shall mean the Goods, materials or services the subject of the Contract between the Seller and the Buyer.
All Contracts of sale of Goods incorporate these conditions so far as such conditions are not varied by any special terms or conditions agreed in writing between the parties. Any terms and conditions of the Buyer, which are inconsistent with these conditions, shall have no effect. Any variation of the Contract will become binding only if confirmed in writing by the Seller.
2. ORDERS
No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing (which shall include telex, cable, facsimile transmission and comparable means of communication) by the Seller’s authorised representative.
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
The quantity, quality and description of the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s orders (if accepted by the Seller).
No order which has been accepted by the Seller may be cancelled by the Buyer, without agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used, damages, charges and expenses incurred by the Seller as a result of cancellation).
3. TERMS OF PAYMENT
Payment in full shall be required upfront prior to dispatch. These payment terms apply to all orders.
The price of the Goods shall be the Sellers quoted price or, where no price has been quoted (or a quoted price is no longer valid) the price listed on the Seller’s published price list, current at the date of delivery of the Goods.
4. RISK AND TITLE
Risk or damage to or loss of the Goods shall pass to the Buyer on delivery to the Buyer or to a delivery address nominated by the Buyer or to the Buyer’s carrier. Title, however, shall only pass to the Buyer when payment in full in cash or cleared funds has been received by the Seller for all Goods whatsoever supplied at any time by the Seller to the Buyer, or if the Goods have been mixed in the course of manufacture with other Goods such that they have lost their identity.
If any payments are overdue or the Buyer commits any act of bankruptcy or if a limited company satisfies any statutory ground for winding up by the court or voluntarily (other than the purpose of amalgamation or reconstruction) then without prejudice to any other remedies the Seller may terminate any subsisting Contracts with the Buyer and by its servants or agents enter the Buyer’s premises to recover the Goods in respect of which title has not passed.
Until title has passed the Buyer shall hold the Goods as the Sellers bailee in a fiduciary capacity. The Goods may be resold by the Buyer in the ordinary course of business as the Seller’s agent to the intent that as between the Buyer and any third party purchasing from the Buyer the Buyer sells as principal but as between the Seller and Buyer the Buyer sells as agent for the Seller to whom the Buyer remains fully accountable and until resale or the passing of title (whichever shall first occur) the Buyer shall if the Seller so requires store the Goods in such a way that they can be clearly recognised as the property of the Seller. The fiduciary relationship shall continue in respect of the proceeds of the sale which must first be used to discharge the outstanding indebtedness to the Seller in priority to any other claim and in this respect the Buyer shall keep a clear and careful account of all the Goods resold by him in respect of which title has not passed to the Buyer prior to the time of such sub-sale so as to facilitate the tracing of the said proceeds of the sale. The Buyer shall also assign to the Seller and at the Buyers request any unpaid debts arising from such sales to third parties where title in the Goods has not passed prior to the sale. The Seller shall pursue such debts and thereafter return to the Buyer any monies recovered in excess of the sums owing and its reasonable cost and expenses of pursuing the claim.
Nothing in this clause shall confer any right to the Buyer to return any Goods to the Seller unless otherwise agreed by the Seller.
5. BUYER’S CLAIM
Any claim by the Buyer which is based on any defect in the quality or condition of the Goods (whether or not delivery is refused by the Buyer) or non-delivery of the whole or part of the Goods shall be notified to the Seller within 48 hours of the delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any Goods which is based on any defect in the quality or condition of the Goods or their non-delivery is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Sellers sole discretion refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Any Goods to be returned to the Seller by virtue of this clause will be accepted for refund only if returned in the boxes in which they were originally supplied.
For the avoidance of doubt IT IS HEREBY AGREED that nothing in these terms and conditions or the Contract between the parties shall in any way be construed as a Contract on a sale or return basis.
Terms updated: 1st January, 2021.
In these conditions “the Seller” shall mean Knight Tools Limited, “the Buyer” shall mean the person, firm or company purchasing the Goods (named above/or on the reverse side) and “the Goods” shall mean the Goods, materials or services the subject of the Contract between the Seller and the Buyer.
All Contracts of sale of Goods incorporate these conditions so far as such conditions are not varied by any special terms or conditions agreed in writing between the parties. Any terms and conditions of the Buyer, which are inconsistent with these conditions, shall have no effect. Any variation of the Contract will become binding only if confirmed in writing by the Seller.
2. ORDERS
No order submitted by the Buyer shall be deemed to be accepted by the Seller unless and until confirmed in writing (which shall include telex, cable, facsimile transmission and comparable means of communication) by the Seller’s authorised representative.
The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order submitted by the Buyer and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the Contract in accordance with its terms.
The quantity, quality and description of the Goods shall be those set out in the Seller’s quotation (if accepted by the Buyer) or the Buyer’s orders (if accepted by the Seller).
No order which has been accepted by the Seller may be cancelled by the Buyer, without agreement in writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used, damages, charges and expenses incurred by the Seller as a result of cancellation).
3. TERMS OF PAYMENT
Payment in full shall be required upfront prior to dispatch. These payment terms apply to all orders.
The price of the Goods shall be the Sellers quoted price or, where no price has been quoted (or a quoted price is no longer valid) the price listed on the Seller’s published price list, current at the date of delivery of the Goods.
4. RISK AND TITLE
Risk or damage to or loss of the Goods shall pass to the Buyer on delivery to the Buyer or to a delivery address nominated by the Buyer or to the Buyer’s carrier. Title, however, shall only pass to the Buyer when payment in full in cash or cleared funds has been received by the Seller for all Goods whatsoever supplied at any time by the Seller to the Buyer, or if the Goods have been mixed in the course of manufacture with other Goods such that they have lost their identity.
If any payments are overdue or the Buyer commits any act of bankruptcy or if a limited company satisfies any statutory ground for winding up by the court or voluntarily (other than the purpose of amalgamation or reconstruction) then without prejudice to any other remedies the Seller may terminate any subsisting Contracts with the Buyer and by its servants or agents enter the Buyer’s premises to recover the Goods in respect of which title has not passed.
Until title has passed the Buyer shall hold the Goods as the Sellers bailee in a fiduciary capacity. The Goods may be resold by the Buyer in the ordinary course of business as the Seller’s agent to the intent that as between the Buyer and any third party purchasing from the Buyer the Buyer sells as principal but as between the Seller and Buyer the Buyer sells as agent for the Seller to whom the Buyer remains fully accountable and until resale or the passing of title (whichever shall first occur) the Buyer shall if the Seller so requires store the Goods in such a way that they can be clearly recognised as the property of the Seller. The fiduciary relationship shall continue in respect of the proceeds of the sale which must first be used to discharge the outstanding indebtedness to the Seller in priority to any other claim and in this respect the Buyer shall keep a clear and careful account of all the Goods resold by him in respect of which title has not passed to the Buyer prior to the time of such sub-sale so as to facilitate the tracing of the said proceeds of the sale. The Buyer shall also assign to the Seller and at the Buyers request any unpaid debts arising from such sales to third parties where title in the Goods has not passed prior to the sale. The Seller shall pursue such debts and thereafter return to the Buyer any monies recovered in excess of the sums owing and its reasonable cost and expenses of pursuing the claim.
Nothing in this clause shall confer any right to the Buyer to return any Goods to the Seller unless otherwise agreed by the Seller.
5. BUYER’S CLAIM
Any claim by the Buyer which is based on any defect in the quality or condition of the Goods (whether or not delivery is refused by the Buyer) or non-delivery of the whole or part of the Goods shall be notified to the Seller within 48 hours of the delivery. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
Where any valid claim in respect of any Goods which is based on any defect in the quality or condition of the Goods or their non-delivery is notified to the Seller in accordance with these conditions, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Sellers sole discretion refund to the Buyer the price of the Goods (or a proportionate part of the price), but the Seller shall have no further liability to the Buyer.
Any Goods to be returned to the Seller by virtue of this clause will be accepted for refund only if returned in the boxes in which they were originally supplied.
For the avoidance of doubt IT IS HEREBY AGREED that nothing in these terms and conditions or the Contract between the parties shall in any way be construed as a Contract on a sale or return basis.
Terms updated: 1st January, 2021.