Basis of Sale
Catherine Best Limited shall sell and the Buyer shall purchase the Goods in accordance with these Terms and Conditions, which shall govern the contract to the exclusion of any other terms upon which any quotation is issued or purported to be accepted, or any such order is placed or purported to be made, by the buyer, and for the avoidance of doubt and so far as the law allows all representations and other terms express or implied are hereby excluded.
No variation to these terms shall be binding unless agreed in writing between the authorised representatives of Catherine Best Limited and the Buyer.
Ordering
Orders can be placed by Post, Fax, Telephone and Email to: Catherine Best Limited, The Mill, Steam Mill Lane,St Martins, Guernsey GY4 6XE Telephone: 01481 237771 Fax: 01481 232509 email: sales@catherinebest.com
No order submitted by the Buyer shall be deemed to be accepted by Catherine Best Limited unless and until confirmed in writing (or by such other method as Catherine Best Limited may from time to time choose) by Catherine Best Limited’s authorised representative.
The Buyer shall be responsible to Catherine Best Limited for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer, and for giving Catherine Best Limited any necessary information relating to the Goods within a sufficient time to enable Catherine Best Limited to perform the contract in accordance with these terms.
There is a minimum initial order for Goods, the details of which may be obtained from Catherine Best Limited at the time of the order.
Prices
The price of the Goods shall be as follows:
I. In the case of all Goods except those specified in paragraph 2 under this heading but including gold products designated as “fixed units”: Catherine Best Limited’s quoted price.
2. In the case of gold products not being fixed units as described in paragraph I under this heading: the price will be calculated using the price of gold per troy ounce in accordance with the prevailing daily Gold Rx Price (published in US$).
3. Catherine Best Limited reserves the right to price fixed units, as described in paragraph I under this heading, in accordance with the method for gold products not being fixed units, as described in paragraph 2 under this heading.
Catherine Best Limited reserves the right to alter the price of the Goods and orders will be invoiced at the prices current at the date of dispatch.
All prices are exclusive of any applicable value added or other sales tax, which the buyer shall additionally pay to Catherine Best Limited at the same time as the price.
Recommended retail prices (“RRP”) are for guidance only and are in no way binding upon Catherine Best Limited.
All prices are payable in £Sterling unless otherwide agreed in writing by Catherine Best Limited.
Payment
Payment can be made by BACS, Cash (in Person), Cheque. Credit Card and Debit Card. Credit card payments will incur a 1.6% surcharge.
Accounts
Cheques are made payable to: Catherine Best Limited.
For new customers paying by cheque, Goods will be despatched on receipt of payment and 30 day Credit Account Application Forms will accompany the first order.
For Account customers, failure to settle within 30 days may result in following orders reverting to payment in advance.
All coIlection fees incurred by us regarding the recovery of overdue accounts will be passed on to the customer.
We reserve the right to charge interest on overdue accounts at a rate of 2.5% per month. Goods are only despatched to non-Account customers on receipt of payment.
If the buyer fails to make any payment on the due date then, without limiting any other right or remedy available to Catherine Best Limited, Catherine Best Limited may:
(i) Cancel the order or suspend any further deliveries to the Buyer;
(ii) Appropriate any payments made by the Buyer to such of the Goods (or the Goods supplied under any other contract between the Buyer and Catherine Best Limited) as Catherine Best Limited may think fit (notwithstanding any purported appropriation by the Buyer).
Back Orders
If any of the Goods ordered by the Buyer are not in stock at the time the order is placed the Buyer will be offered the option of placing the Goods on Back Order for future delivery. Catherine Best Limited reserves the right to cancel Goods on Back Order.
Specification
Any illustration of a product or description of size. dimension, style, weight etc. is given in good faith, however cannot be guaranteed as absolutely correct. Should any product not be available in the size or colour or design ordered, an altemative may be supplied unless the customer specifies on the order form that an alternative must not be supplied.
Errors
In the unlikely event of Catherine Best Limited supplying your order incorrectly in any way, customers must contact Catherine Best Limited immediately providing full details of the order date and invoice number. Catherine Best Limited will endeavour to correct the situation immediately.
Risk and Property
Risk of damage to or loss of the Goods shall pass to the Buyer on delivery.
Notwithstanding delivery and passing of risk in the Goods, or any other provision of these terms, the property in the Goods shall not pass to the Buyer until Catherine Best Limited has received in cash or clear funds payment in full of the price of the Goods and all other Goods agreed to be sold by Catherine Best Limited to the Buyer for which payment is then due.
In the event of non-payment by the Buyer for any Goods Catherine Best Limited shall be entitled to reposess the Goods unless they have been subject to prior resale, in which case Catherine Best Limited shaII be entitled to the proceeds of the resale in the hands of the Buyer or any Liquidator, Receiver or Buyer’s trustee in the bankruptcy.
Insolvency of Buyer
If:
(i) the Buyer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
(ii) an encumbrancer takes possession, or a Receiver is appointed, of any of the property or assets of the Buyer; or
(iii) the Buyer ceases, or threatens to cease, to carry on business; or
(iv) Catherine Best Limited reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer accordingly; or
(v) an Administrative Receiver is appointed; then, without limiting any other right or remedy available to Catherine Best Limited, Catherine Best Limited may cancel the order or suspend any further deliveries under the contract any liability to the Buyer, and if the Goods have been delivered but not paid for, the price of such Goods shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
Copying
All designs shown in our catalogues are original designs by Catherine Best Limited. and are protected by copyright.
In the event of any unauthorised copying Catherine Best Limited are entitled to take legal proceedings against the customer, wholesaler or manufacturer.
General
No waiver by Catherine Best Limited of any breach of the contract by the Buyer shall be considered as a waiver of any subsequent breach of the same or any other provisions.
If any provision of the contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the contract and the remainder of the provision in question shall not be affected.
The Contract shall be governed by the laws of England, and the buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
A person who is not a party to an order to which those terms apply, may not enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
Catherine Best Limited.
