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HERE AND NOW DISTRIBUTION LTD TERMS AND CONDITIONS OF SALE

1. GENERAL

All goods are supplied by us subject to these Conditions, which supersede any earlier sets of
Conditions and which shall override any terms or conditions stipulated, incorporated or
referred to by the Buyer, whether in the order or in any negotiations.
The relaxation or waiver by us of any of these Conditions on any occasion shall act merely as
a waiver on that occasion and shall not effect our right to enforce any of these Conditions
on any subsequent occasion.
Any variation of these Conditions must be confirmed in writing by us and will not otherwise be
valid. No order shall be deemed to have been accepted by us unless it is accepted by us in writing.
Any description given by us of the goods is given by way of identification only and the use of such description shall not constitute the contract a sale by description.

2. PRICES

All prices expressed on the website are exclusive of VAT and Delivery. Both VAT and Delivery will be added within the Shopping Cart. Any quotation, if not previously withdrawn, will hold good for any order made pursuant to it within sixty days of its date.
Subject to this, all orders are accepted for execution at prices current at the date of despatch. Listed prices are subject to change or withdrawal without notice. No discounts will apply other than those set out in our standard price list.

3. PAYMENT

Terms of payment are strictly nett cash with order unless a credit account has been established with us.
Where a credit account has been established with us, payment must be made for each instalment of goods delivered within 30 days from date of invoice (whether the goods are delivered are the whole or only part of the goods ordered).
We reserve the right at our complete discretion to refuse to establish a credit account for any Buyer, to refuse credit to any Buyer notwithstanding that a credit account may already have been established and to withdraw established credit account facilities.
Without prejudice to our other rights, interest at Two per cent, above the current base rate of Barclays Bank PLC per calendar month (running from day to day) shall be payable on any payment which is more than 30 days overdue until actual payment.

4. CANCELLATION

In the event of cancellation of this order we reserve the right without prejudice to charge up to 100% for stock held by us pending shipment, and up to 50% for the remaining balance. We may also impose a back billing charge for part cancellation if the reduction in quantity radically affects the pricing structure.

5. ERRORS

No contract shall be invalidated because of printing or clerical errors.

6. DELIVERY

Any time or date quoted by us for delivery is given and intended as an estimate only. Whilst every endeavour will be made to meet an estimated time for delivery, we shall not be liable to make good any damage or loss whether arising directly or indirectly out of delay in delivery.
Non-delivery within 7 days of the date of dispatch must be reported immediately in writing to us and to the carriers.

6a. WEIGHTS, SIZES & COLOURS

Any weights or Sizes stated on this website are intended as a guide only. The colours shown on this website may vary in appearance. If the colour is critical to your purchase we suggest you contact us prior to purchase. We shall not be liable to make good any damage or loss whether arising directly or indirectly from the said weights,sizes or colours.

7. TRANSIT

We will replace free of charge goods damaged or lost in transit provided the Buyer gives written notification of such damage or loss within 3 days after delivery and time shall be of the essence. Delivery back to Here and Now Distribution Ltd will be at your cost.

8. INSPECTION

When the Buyer examines the goods before delivery is effected, he shall have no further right to inspect upon arrival, other than to notify us of any loss or damage in transit.
When the goods are delivered to the Buyer without previous examination by him, he shall inspect them immediately on arrival and shall within 14 days from such inspection give written notice to us of any matter or thing by reason of which he may allege that the goods are not in accordance with the contract. If the Buyer shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the contract and the Buyer shall be bound to accept and pay for them accordingly.

9. OWNERSHIP AND RISK

Until the Buyer makes payment in full for the goods he shall at all times keep them in his possession and control and shall not remove from the United Kingdom without our consent and will not sell otherwise dispose of or deal with the goods.
Upon payment by the Buyer for the goods in full (together with any interest payable) the property in the goods shall pass to the Buyer but until such time the goods shall remain our sole property and the Buyer shall be a mere bailee thereof. As from the time of the delivery of the goods to the Buyer the risk of any loss or damage to the goods from whatever cause arising shall be borne by the Buyer.

10. MARKS AND NUMBERS

The Buyer shall not remove alter or otherwise interfere with the marks or numbers on any goods supplied by us.

11. DEFAULT

If the Buyer makes default in any payment on the due date (time being of the essence) or is otherwise in breach of any of these terms, or if (being an individual) he commits an act of bankruptcy or has a receiving order made against him or (being a company) enters into liquidation (whether compulsory or voluntary) or has a receiver or manager appointed of the whole or any part of its business or undertaking, or if distress or execution is levied or threatened upon any of the Buyer' s property, then in any such case (and without prejudice to any other rights we may have):-
(i) we shall be entitled to repossess and re-sell goods delivered to the Buyer and not paid for in full and for that
purpose to enter upon the property in which they are situated;
(ii) we shall be entitled either to suspend all further deliveries to the Buyer until the default is made good
or to refuse to deliver any further goods to the Buyer and to re-sell any further goods ordered by the Buyer (whether they are the balance of an order or the whole of a further order);
(iii) the Buyer shall in any event be liable to make good to us our loss of profit on all such goods and costs and
expenses of repossession, storage, insurance and sale and to pay us interest as provided above until actual payment.

12. DEFECTIVE GOODS

If any goods are or become faulty or defective by reason only of the use of defective materials or faulty workmanship within a period of 90 days, from the date of delivery, we will (at our option) either refund the price of such goods or replace or repair such goods provided that the Buyer shall have notified us in writing of the fault or defect in the goods and shall have returned the faulty or defective goods to us for inspection within a period of 90 days from the date of delivery.
Such liability is in place of any other conditions or warranties, express or implied, as to the quality or fitness for any purpose of the goods, and all such conditions and warranties are, to the extent permitted by law, hereby expressly excluded to the intent that, save as provided above, we shall have no liability to the Buyer or to any third party in respect of any loss or defect in the goods supplied or in respect of any personal injury or damage or loss of any kind, directly or indirectly attributable to faults or defects in such goods, and the Buyer will indemnify us against any such claims.

13. LIEN

In the event of the Buyers insolvency we shall be entitled (in addition to any lien arising by law) to a general lien on all the Buyer's goods in our possession (although the same or some of them may have been paid for) for any money due either in respect of such goods or in respect of any general or particular balance or other money due from the Buyer to us, whether under the same or any other order.

14. TERMINATION OF LIABILITY

We shall be relieved of all liability for obligations incurred to the Buyer whenever, and to the extent to which, the
fulfilment of such obligation is prevented, frustrated or impeded in consequence of any statue, rules, regulations,
orders or requisitions issued by any government department, council or other duly constituted authority or by reason of any strikes, combination of workmen, lockouts, breakdown of plant, accident, civil commotion, war, force majeure or any other cause beyond our control.

15. MONITORED CALLS

All calls maybe monitored in order for us to continually train our staff. Any abuse towards our staff will not be tolerated. If a monitored call contains abusive language it will be kept for any future legal proceedings, if any.

16. LAW

These Conditions and the contract and all matters pertaining thereto shall be governed by English law, and the English Courts shall have jurisdiction in relation thereto.