S.J. KENNEDY LTD

Terms & Conditions

PRICES & PAYMENT

1- All prices given are net and exclusive of vat.

2- A minimum invoice charge will be stipulated by the seller

3- Products are supplied to the seller by various manufacturers/wholesalers and as such are susceptible to price change due to currency fluctuations and in line with the Sellers policy and it will endeavourer to keep you informed of any price increases which occur

4- You are required to settle you Account within 30 days of receipt of the relevant notice. The Seller reserves the right to charge you interest at 3% above the current base lending rate, compound daily on the amount outstanding until it has been paid in full, on amounts exceeding 30 days, in all cases Seller reserves the right to suspend deliveries where payment is not received in accordance herewith.

5- If you have a dispute with our counterclaim against the Seller you will not be entitled to with hold or make any reduction with or deferment of payment because of the dispute or counterclaim.

6- Credit Limits are variable and commensurate with the level of business and payment profile.

DESPATCH & DELIVERY

7) Proof of delivery may be requested no later than 2 months after the date of invoice. In the event of delivery being proven a charge of £12 will be made for this service.

8) Shortages or damage must be reported to the Seller within 48 hours of receipt of order and confirmed in writing within 3 days. You must inform the carrier in writing within that period. Goods must be kept in one place separate from any other goods and let us inspect them if we wish before deciding what action to take.

RETURNS PROCEDURE

9) The Seller will NOT accept or credit the cost of returning unused/faulty goods.

10) RETURN OF GOODS UNUSED OR ORDERS IN ERROR

If stock item goods are returned to us with 10 days of purchase given they arrive in pristine condition, and we approve this in writing, your account

Will be credited with the price less 20% handling charge. After 10 days from date of purchase then an offer MAY be made by the Sellers Returns Department if the Seller deems goods to be resalable.

11) If within 3 months of dispatch goods supplied by the Seller prove to be defective under normal use, the customer must notify the Seller immediately. Faulty goods MUST NOT be returned unless accompanied by a Returns Number and an Invoice Number. No goods will be accepted unless both are supplied. A returns number can be obtained from the Sellers Returns Department. Returns must conform to the Sellers procedures.

12) Where goods are clearly faulty a full credit will be raised. If however the manufacturers/wholesalers report states goods were not faulty no credit will be given.

NON-STOCK ITEMS

13) The Seller will only order non-stock items once confirmation has been received by fax. Once ordered such items cannot be cancelled or returned

TITLE & RISK

14-

a) Risk of damage to or loss of the goods shall pass to you on delivery

b) The property of the goods shall not pass to you until the Seller has received in full the price of the goods and all other goods agreed to be sold by the Seller to you for which payment is then due.

EXCLUSIONS

15- a) Except where the goods are sold to a person dealing as a consumer within the meaning of the Unfair Contract Terms Act 1977) all warranties, conditions or other terms implied by the statute or common law are excluded to the fullest extent permitted by law.

b) The Seller shall not be liable to you by reason of any representation, or implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any consequential loss or damage whether for loss of profit or otherwise) costs, expenses or other claims for consequential compensation whatsoever and whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by you.

c) The Seller shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing, or any failure to perform, any of the Sellers obligations in relation to the goods, if the delay or failure was due to any cause beyond the Sellers reasonable control.

LEGAL RIGHTS

Any relaxation or waiver by the Seller of these conditions shall merely act as a waiver on that occasion and not set a precedent for future occasions.

GENERAL

Terms “you” and “your” refer to the Buyer and “the Seller” refers to S.J.Kennedy Ltd. Unless expressly agreed in writing (for example in the case of a tender) any alteration to these conditions will not apply.

INTERPRETATION AND VALIDITY

Construction, validity, and performance of this contract to be governed by Scottish Law.