KIDDY & SON
In the Terms of Trade, references to ‘KIDDY & SON’ ‘we’ ‘us’, ‘our’ and ‘ourselves’ shall refer to ‘D.Kiddy & D.M.Kiddy trading partnership’.
GOODS & OFFERS
All goods referred to or illustrated in any catalogue, price list, or published literature are subject to availability. The appearance of any item in such literature does not constitute an offer for sale. Any order for goods will become binding on our acceptance of such order. These terms shall apply to any order accepted by us and all goods will be dispatched under these Terms of Trading which will apply to each order to the exclusion of any other terms and conditions inconsistent with such Terms of Trading or purporting to modify the same.
PRICES
Published prices are liable to alteration without notice, and orders are accepted at prices ruling at day of despatch, even though we may receive a priced order. All orders accepted by us are subject to VAT at the prevailing rate. VAT at 17.5% is included in recommended retail prices shown in any catalogue or price list currently published by us.
NEW ACCOUNTS
Requests to open a new account with Kiddy & Son from bona-fide retailers are welcome.
A credit application form will be supplied, this must be fully completed and returned to Kidd & Son at Torquay. A credit account will only be opened after payment of the first two invoices on a Pro-forma basis. A signed acceptance of the Terms of Trade is also required. Goods will, in exceptional cases, be supplied on a Pro-forma basis until such time as satisfactory references are received. However, we cannot offer any settlement discount on pro-forma invoices. Kiddy & Son reserves the right to refuse applications for credit.
DELIVERY
Delivery will be made by our appointed carriers or by post. Every effort will be made to execute orders in one consignment. Back-orders will only be held on request. We reserve the right to cancel balance of orders under £10.00.
DAMAGES, SHORTAGES AND NON-DELIVERY
We will not accept any claim in respect of damage in transit, shortages or non-delivery unless the following terms are adhered to:
- For damage in transit – notification within 3 days of the receipt of goods.
- For shortages – notification within 3 days of the receipt of goods.
- For non-delivery – within 3 days of the date of the invoice.
We regret that only the provision of a valid query reference number constitutes notice to Kiddy & Son. No deduction in the payment of invoices may be made for goods damaged or received until the company has issued a credit note.
REWAREHOUSING/ADMINISTRATION CHARGE
The company reserves the right to levy a re-warehousing charge of 15% of the price of any goods returned to us, at our discretion (or substantially more if the goods are marked, sub-standard or damaged in any way). When goods are returned to us they must be in ‘as new’ condition in full packs and without the price tags etc.
UNAUTHORISED GOODS WILL NOT BE ACCEPTED. AUTHORISATION OF RETURNS MUST BE REQUESTED PRIOR TO RETURNING.
LETTER/PARCEL RESPONSIBILITY
In all cases of letters or parcels sent via the Post Office or any other agency, the Post office or such agency act for the sender and any late or non-delivery is the responsibility of the Sender. Therefore you are advised to retain a despatch document.
LIABILITY
The liability of KIDDY & SON to the Customer in respect of defective or damaged goods shall be limited to replacement of the goods in question or refund of the price paid by the customer provided that the Customer notifies us in writing of the defect or damage immediately upon becoming away of the same and in any event within 12 months of delivery.
Except as expressly stated in these Terms of Trading, KIDDY & SON shall be under no liability for any loss or damage including consequential loss or damage, howsoever arising resulting from the supply, use or conversion of the goods and the Customer will indemnify KIDDY & SON in respect of any claim brought by a third party against KIDDY & SON in respect of such loss or damage, providing always that nothing herein shall exclude, or purport to exclude any liability is prohibited, void or unenforceable under English Law.
SETTLEMENT TERMS
Invoices are due for payment on receipt of the goods or on the receipt of the invoice by the customer whichever is the later. For payment received by us within 30 days of the date of the invoice, a discount of 2.5% of the net value excluding V.A.T. can be deducted, providing all previous current and overdue invoices have been paid.
No discount is allowed on V.A.T. which is always payable net. Invoices paid after 30 days from the date of invoice are strictly net of discount.
Payment of cash or equivalent will only be deemed to have been made when it has been received by KIDDY & SON. Payment by cheque will only be deemed to have been made when the cheque has been cleared by the Payers Bank.
No deduction in the payment of invoices may be made for goods returned to KIDDY & SON or not received by the Customer until we have issued a Credit Note to the Customer.
OVERDUE ACCOUNTS
Any invoices which have not been paid by the LAST DAY of the month after the month of the invoice will be classified as OVERDUE.
For Example:
i. Invoice dated between 1st January 2000 and 30th January 2000.
ii. Invoice due for payment (assuming normal net monthly terms apply) by no later than 28th February 2000.
iii. Invoice will be classified as overdue for payment on 1st March 2000.
In the event of this occurring KIDDY & SON reserves the right to:
a Impose a surcharge of 2% (compound) per month or part month against the outstanding invoices
b Suspend current and future deliveries against the account until the arrears are settled in full.
c Immediately pass the overdue account (Total Balance Outstanding) immediately out for legal action. As a direct result of failure to maintain and comply with previously agreed payments terms, credit facilities will be suspended and future trading will be operated on a strictly pro-forma basis.
Should legal action be necessary a collection surcharge of 10% of all sums then due, including the late payment surcharges will be added, payable by the Customer.
If a summons/writ is issued all allowable court fees and legal costs will be claimed in addition to late payment collection surcharges and costs.
Payment will first be allocated to the reduction of the invoice balance and then set against the outstanding credit and collection surcharge.
We also reserve the right to put forward dated and extended credit invoices out for collection on the above terms at our sole discretion if we have reason to feel we will not be paid in full.
REPRESENTED ‘BOUNCED’ CHEQUES AND ‘MISSED’ BANKER’S ORDER PAYMENTS
Every time a cheque, standing order or Bankers order fails to clear the Customer’s Bank on presentation we will separately surcharge the Customer’s account with £10.00
SPECIFICATIONS
We reserve the right to modify specifications of goods according to the supply position or our desire to improve the specification.
WEIGHTS & MEASURES
Fishing Tackle is not an item which is generally sold by weight or volume. When these are given, they serve as only a part of the usual description and therefore accuracy is not guaranteed.
RETENTION OF TITLE
- Risk in the goods will pass to the Customer on delivery. Ownership of all the goods supplied by the Company shall remain vested in KIDDY & SON and shall not pass to the Customer until payment in full for all such items has been made.
- The Customer shall keep and store all such goods in such a manner that they can be readily identified as items belonging to KIDDY & SON.
- If payment for the goods is overdue, in whole or all part, KIDDY & SON shall have the right to repossess the goods and the customer hereby irrevocably grants permission to KIDDY & SON, or its representative to enter into the premises owned or under the control of the Customer and to remove and if necessary detach the goods from such premises or from any other goods or property.
- The Customer shall have the power to make bona-fide market sales of goods, title to which is vested in KIDDY & SON for the benefit of KIDDY & SON unless notified that such power is withdrawn.
The certificate of our Auditors as to the amounts due to be paid to us and the times of such payments shall be binding upon the Customer and not subject to arbitration or dispute in any Court Of Law.
APPLICABLE LAW
If any part of these Terms of Trade is invalid for any reason, its invalidity does not affect the rest of these Terms of Trade which will remain valid and enforceable in all respects.
These Terms of Trading shall be construed in accordance with English Law and shall be subjected to the non exclusion jurisdiction of the English Courts.
