Terms and Conditions

PRICES & PAYMENT
All Prices given are net and exclusive of VAT.

A minimum invoice charge will be stipulated by the Seller.

Products are supplied to the Seller by various manufacturers/wholesalers and as such are susceptible to price change due to currency fluctuations and other factors. The Seller therefore reserves the right to increase its prices in line with its costs. The utmost effort will be made, however, to hold prices firm in line with the Sellers policy and it will endeavour to keep you informed of any price increase which occur.

You are required to settle your 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 the Seller reserves the right to suspend deliveries where payment is not received in accordance herewith.

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

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

DISPATCH & DELIVERY
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.

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

Return of goods unused or ordered in error. If stock item goods are returned to us within 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 15% handling charge. After 10 days from date of purchase then an offer MAY be made by the Sellers Returns Department if the seller deems the goods to be resalable.

If within 3 months of despatch 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.

• 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
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
Risk of damage to or loss of the goods shall pass to you on delivery.

The property of the goods shall not pass to you until the Seller has received payment 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
Except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms extent permitted by law).

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 or profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether for 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.

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.