OTL Terms & Conditions of Sale, OTL Terms & Conditions of Sale, ,
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OTL Terms & Conditions of Sale
Terms and Conditions
1. DEFINITIONS AND INTERPRETATION
1.1. In these Terms:-
“Buyer” means the person whose order for Goods is accepted in writing by OTL or by the delivery of Goods to the Buyer
“Contract” means the contract for the sale and purchase of Goods, incorporating these terms and conditions
“Goods” means the goods which OTL is to supply in accordance with these Terms
“Insolvency Event” means any of the following:-
1.1.1. the Buyer offers to make any arrangement with its creditors or commits an act of bankruptcy; or
1.1.2. any petition in bankruptcy is presented against the Buyer; or
1.1.3. the Buyer convenes a meeting of creditors (whether formal or informal); or
1.1.4. the Buyer proposes to enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation provided prior authority in writing is obtained from OTL; or
1.1.5. the Buyer encumbers or in any way charges any of the Goods; or
1.1.6. the Buyer is unable to pay his debts within the meaning of Section 123 Insolvency Act 1986 or ceases to trade; or
1.1.7. being a limited company any resolution or petition for winding up (other than for the purpose of amalgamation or reconstruction without insolvency) shall be passed by you or presented against the Buyer; or
1.1.8. a receiver administrator administrative receiver or manager shall be appointed over the whole or any part of the business or assets of the Buyer; or
1.1.9. the Buyer shall suffer any analogous proceedings under foreign law
“Interest Date” means in respect of any monies due to OTL that date which is 30 days or more after the due date for payment
“OTL” means Overseas Trading Limited (Company Number: 4442532) whose registered office is at Unit 4 Knowstorpe Approach, Cross Green, Leeds, LS9 0DW
“Terms” means the standard terms of sale set out in this document
“working day” means any day (excluding Saturdays and Sundays) that UK clearing banks are open for business
1.2. Reference to a person includes reference to a company, a sole trader, partnership, or limited liability partnership
1.3. Headings are for ease of reference only and do not form part of any agreement between OTL and any other person
1.4. The singular includes the plural and vice versa
1.5. Reference to one gender includes reference to the other two
2. APPLICATION OF TERMS
2.1. The Terms apply to each Contract to the exclusion of all other terms and conditions
2.2. No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract
2.3. The Terms apply to all of OTL’s sales. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of OTL which is not set out in the Contract. Nothing in the Terms shall exclude or limit OTL’s liability for fraudulent misrepresentation
2.4. Each order or acceptance of a quotation for Goods by the Buyer from OTL shall be deemed to be an offer by the Buyer to buy goods subject to these Terms
2.5. No variation of these Terms shall be binding unless agreed in writing between an authorised representative of the Buyer and of OTL
3. ORDERS
3.1. No order submitted by the Buyer shall be deemed to be accepted by OTL unless confirmed in writing by OTL’s authorised representative or unless the Goods are delivered to the Buyer in which event the Terms shall apply
3.2. All products are subject to availability
3.3. The Buyer shall be responsible to OTL for ensuring the accuracy of the terms of any order submitted by the Buyer, and for giving OTL any necessary information relating to the Goods within a sufficient time to enable OTL to perform the Contract in accordance with its terms
3.4. If the Goods are to be manufactured or any process is to be applied to the Goods by OTL in accordance with a specification submitted by the Buyer, the Buyer shall indemnify OTL against all loss, damages, costs and expenses awarded against or incurred by OTL in connection with, or paid or agreed to be paid by OTL in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from OTL’s use of the Buyer’s specification
3.5. No order which has been accepted by OTL may be cancelled or changed by the Buyer except with the agreement in writing of OTL
4. DESCRIPTION
The quantity and description of the Goods shall be as set out in OTL’s quotation or acknowledgment of order
5. DELIVERY
5.1. Unless otherwise agreed in writing by OTL, delivery of the Goods shall be to the Buyer’s place of business and effected by a carrier appointed by OTL. OTL’s carrier cannot accept Goods for return without OTL’s prior authority and appropriate evidencing documentation
5.2. Any claims for non-delivery of Goods, shortages or damaged goods must be notified in writing to OTL within three 3 days of the date of delivery
5.3. Any dates specified by OTL for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are specified, delivery shall be within a reasonable time
5.4. OTL shall not be liable for any direct, indirect or inconsequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by OTL’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 60 days
6. NON-DELIVERY
6.1. OTL shall not be liable for any non-delivery of Goods (even if caused by OTL’s negligence) unless the Buyer gives written notice to OTL of the non-delivery within 44 hours of the time when the Goods would in the ordinary course of events have been received
6.2. Any liability of OTL for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice for such Goods
7. PRICE OF THE GOODS
7.1. The price of the Goods shall be the price set out in the Company’s price list published on the date of delivery or deemed delivery. All prices quoted are valid for 30 days only
7.2. OTL reserves the right, by giving written notice to the Buyer at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to OTL which is due to any factor beyond the control of OTL (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by the Buyer,…
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