Terms & Conditions
1.1 For the purpose of our Terms, the following words shall mean:
• YOU or YOUR means; the person(s), or Company, who purchases the goods from Newline Imports Limited, and whose details are a part of the order.
• ORDER means; the order we have received from YOU, detailing the goods you have purchased from Newline Imports Limited.
• GOODS means; the items purchased by YOU from US as stated on the ORDER.
• US; OUR or WE means; Newline Imports Limited.
• DELIVERY ADDRESS means; the place where the GOODS will be delivered as stated on the ORDER. (Clause 4)
1.2 References to the singular include the plural, and vice versa.
2. Application of Terms
2.1 Unless agreed by us in writing, these terms are to the exclusion of all other Terms and Conditions.
2.2 Any representations concerning the goods shall have no effect unless agreed in writing and signed by one of our Directors. Nothing in these terms will exclude or limit our liability for fraudulent representation.
2.3 No order shall be deemed to have been accepted by us until a written confirmation of acceptance of the order has been issued by us or delivery of the goods to you is undertaken.
3.1 We will endeavour, using all reasonable means to deliver the goods in accordance with agreed dates and times, however, these dates and times are not of the essence.
3.2 Goods will be deemed to have been delivered when they are deposited at the delivery address by us or our authorised agent.
4. Risk / Title
4.1 Risk for the goods shall pass to you upon delivery, title to the goods shall not pass to you until we have received full payment of the amounts due in respect of the goods and any interest which may have accrued (Clause 5.2)
4.2 Prior to title passing to you (Clause 4.1) YOU will:
a. Hold the goods on our behalf
b. Store the goods (at no cost to US) separately from all other goods of your or any third party in such a way that the goods can be identified as our property.
c. Not resell the goods
d. Keep the goods insured, on our behalf, against all risks
e. Do not deface the packaging or remove identifying marks relating to the goods
4.3 You grant us the right to enter your premises to inspect the goods or, where your right to possession has terminated, to recover them.
5.1 Payment for the goods as on the order will be due according to the terms on the invoice and as agreed. Time for payment is of the essence. You will not be entitled to setoff or withhold any monies owing.
5.2 Failure to pay us for the goods pursuant to the Contract renders you liable to pay interest to us on such sums from the due date of payment at the annual rate of 3% above the base lending rate from time to time of BARCLAYS BANK LTD, accruing on a daily basis until full payment is made, whether before or after any judgement.
6. Inspection and Acceptance
6.1 You will inspect the goods upon delivery. We will not accept any claim for fault, damage or
Discrepancy unless you discover such fault, damage or discrepancy upon delivery and contact US, in writing, within 7 (seven) working days, detailing such damage or discrepancy.
6.2 In the event that you report any fault, damage or discrepancy in accordance with Clause 6.1, then YOU will return such goods, forthwith, at your cost and risk, to us.
6.3 Upon receipt of such goods, and if we are satisfied that the fault or damage was as a result of our actions, then we will repair or replace such goods and deliver the same to you. If we are unable or unwilling to repair or replace such goods, then we will refund any monies paid by you in respect of the goods.
6.4 Clause 6.3 sets out our entire liability to you for damaged, faulty or missing goods, subject to Clause 7.3.
7. Limitation of Liability
7.1 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of The Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
7.2 Subject to Clause 6.3 and 7.3, our maximum liability under this contract (including any liability for the acts or omissions of our employees; agents and sub-contractors, liability in contract and tort and liability for direct; indirect or consequential loss) shall be the price of the goods.
7.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
8.1 If any provision of the contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, it shall be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
8.2 Failure or delay by us in enforcing or partially enforcing any provision of the contract will not be construed as a waiver of any of its rights under the contract.
8.3 The parties to this contract do not intend that any term of this contract will be enforceable by virtue of the Contracts (Rights of Third Parties Act 1999) by any person that is not a party to it.
8.4 The formation; existence; construction; performance; validity and all aspects of the contract shall be governed by English Law and the parties submit to the non-exclusive jurisdiction of the English courts.
8.5 We reserve the right to defer the date of delivery or to cancel the contract or reduce the Volume of the goods ordered by you (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control, including, without limitation, acts of God; governmental actions; war or national emergency and acts of terrorism.
The placing of an order shall mean full acceptance of these Terms and Conditions.