Account Application


CHEMICO UK LIMITED T/A JANITORIAL UK Registered Office England: 09635039 VAT Reg. No: 216 044 248 4 Primet Business Centre, Colne, Lancs BB8 8DQ Tel: 01282 871286 Fax: 01282 864759
  • Please note Trade References should be able to speak for a credit figure as above. I/we agree the credit account facility will be on your stated terms, and that adherence to this obligation is the essence of the contract between us. I/we give authority for Chemico UK to carry out relevant credit checks. I/we authorise our bankers to provide a bankers opinion as to our suitability for the above amount.
  • Date Format: MM slash DD slash YYYY
  • GENERAL TERMS AND CONDITIONS OF OFFER AND SALE 30 Days Net 1. DEFINITION “Buyer” shall mean the above named company “Conditions” shall mean the Sellers general terms and conditions of offer and sale set out below “Contract” shall mean the agreement between the Buyer and the Seller for the purchase of the Goods, including therein the conditions and all other documents to which reference may be properly be made in order to ascertain the rights and obligations of the parties under the said agreement. “Contract shall mean the sum in the Seller’s Price” quotation, increased or reduced by such sums (if any) as under the Conditions are to be taken into account in ascertaining the contract price “Goods” shall mean the goods to be supplied under the Contract “Seller” shall mean Chemico UK Ltd T/A Janitorial UK 2. OFFER AND ACCEPTANCE The Seller’s quotation shall constitute an offer to supply goods (the “Goods”) on and subject to the several terms and conditions of offer and sale hereinafter set out (the “Conditions”). An order shall only be accepted subject to the Conditions notwithstanding that the order form or other documents whereby the Buyer placed his order with the Seller may contain or refer to printed terms or conditions inconsistent with or differing from the Conditions. Such order form or other documentation shall be deemed to constitute an unqualified acceptance of the conditions unless expressly varied by the Seller in writing. An order must be placed by the Buyer in response to a quotation within 28 days of the date of quotation after which it shall be deemed to have been withdrawn. 3. DELIVERY 3.1 Delivery shall mean delivery of Goods to the Buyer at the Seller’s works or delivery of Goods to a carrier nominated by the Buyer. In the absence of specific instruction from the Buyer the Seller may nominate a carrier. The Buyer shall bear all transport, storage, insurance and forwarding costs. 3.2 The Buyer is required to acknowledge receipt of all Goods by signing the appropriate Delivery Note. The Delivery Note, duly signed, should then be forwarded to the Seller as indicated on invoice. If shipments are delayed upon Buyer’s request or as a result of late payment by the Buyer, then the Buyer shall be charged storage cost for every month, or part thereof, after notice that the Goods are ready for delivery. The Seller, after expiration of a reasonable time limit (which shall be set by the Seller) may (without prejudice to any other rights of the Seller) a) deliver the goods to the Buyer in accordance with clause 3.1 above: or b) dispose of the Goods order either, if the Goods are easily resaleable in any way so desired by the Seller (including for the value of the Goods as scrap) 3.3 The Delivery Date stated in the Contract is given as accurately as can be predicted, but it is deemed not to be of the essence of the Contract and the Buyer shall not be entitled to refuse the delivery on account of delay, howsoever caused. 3.4 The Buyer agrees to accept partial delivery. Any Goods delivered in part shall be paid for in accordance with the provisions of Conditions 5 and 7 4. PRICE VARIATIONS 4.1 Unless otherwise stated the quotation prices shall be the Sellers ex-works price excluding packing and insurance costs ruling at the date of delivery, which prices are subject to change without notice. 4.2 Unless otherwise stated in the quotation, the Contract Price is deemed to exclude Value Added Tax or similar charge 5 LIMITED LIABILITY OF THE SELLER 5.1 The Seller’s quotation is based upon an analysis of advise, information, drawings and specifications (as the case may be) supplied by the Buyer. The Seller shall not be responsible for discrepancies, errors or omissions in its analysis nor in any drawings, data, specifications or information prepared by it utilising or incorporating all or any plans, data or information supplied by the Buyer 5.2 The Seller shall not be liable for any loss or damage whatsoever (including consequential loss or damage) in any way suffered to the Buyer or any person, firm or company whatsoever by reason of the fact the Seller may have inspected, advised or approved any plans, data or information supplied by or on behalf of the Buyer whether prior to the date of the Seller’s quotation or not and the Buyer shall at all times indemnify and keep indemnified the Seller against all losses, claims, damages, charges, expenses and injury (including death) suffered by any person or loss of or damage to property belonging to any person, firm or company to which the Seller, its sub-contractors or their respective employees may be liable or deemed to be liable under the Contract except where such losses, claims, damages, charges and expenses arise out of or are caused by the negligence, willful misconduct or breach of warranty of the Seller, it’s sub-contractors or their respective employees 6 BUYER’S DEFAULT 6.1 If under the Contract deliveries are made over an extended period each consignment shall be invoiced separately 6.2 If the Buyer fails to make payment of a sum when the same becomes due whether under the Contract or any other contract which the Seller may have had with the Buyer, the Seller shall be entitled to charge the Buyer interest on the sum due under the Contract and unpaid calculated at a rate of two percent per month. If such payment, or any part thereof, shall remain in arrears for 7 days after written demand shall have been made thereof, the Seller shall have the further right to cancel the Contract and/or any such other contract and, in either case, without prejudice to any other right or remedy which the Seller may have. 6.3 If the Buyer makes any composition or arrangement with or assignment for the benefit of his creditors or has any process or execution levied upon his goods or being a corporation goes into liquidation or has a Receiver appointed or being a person becomes bankrupt or commits any act of bankruptcy the Seller may without prejudice to any other remedy determine the Contract and resell the Goods and any loss on such resale shall be paid by the Buyer. 6.4 Any concession, latitude or waiver the Seller may allow or has allowed the Buyer at any time shall not prevent the Seller subsequently exercising its full rights under the Contract. 7 RISK Risk passed to the Buyer on delivery of the Goods to him or his authorised forwarding agent in accordance with Condition 2. This shall also apply if partial shipment are made or if the Seller has agreed to assume installation or transportation costs. 8 PAYMENT Payment shall be 30 days after the date of invoice net. If the account is overdue the Seller may suspend, without notice, performance of any of its obligations CHEMICO UK LIMITED T/A JANITORIAL UK Registered Office: 4 Primet Business Centre, Colne, Lancs. BB8 8DQ Tel 01282 864 759 Fax 01282 864759 Company No: 09635039 Vat Reg: 216044248 GENERAL TERMS AND CONDITIONS OF OFFER AND SALE 30 Days Net 9 RIGHT OF SET-OFF No right of set-off shall exist in respect of any claims by the Buyer against the Seller unless and until such time as such claims are accepted by the Seller in writing and the Buyer shall not withhold all or any part of any sum which has become due to payment under the Contract 10 SUSPENSION AND CANCELLATION 10.1 In the event of suspension or cancellation of the Contract by the Buyer for any reason whatsoever (otherwise than in consequence of some default on the part of the Seller) the Seller reserves the right to make a charge for losses incurred either directly, indirectly or otherwise as a result of such suspension or cancellation, which shall be paid within 30 days of the notification of the charge by the Seller to the Buyer. 10.2 Upon the resumption of the Contract after any suspension the Seller shall be allowed such extensions of time for the performance of its obligations as is fair and reasonable having regard to the period of suspension and the Contract Price shall be adjusted in accordance with the provision of Condition 3.3 above. 11 TITLE 11.1 Notwithstanding delivery of any goods the property in such goods shall remain in the Seller until payment in full for the Goods the subject of this Contract and until payment in full for all other goods the subject of any other contract between the Buyer and the Seller which at the time of payment of the full price of the goods the subject of this contract have been delivered to the Buyer but not paid for in full has been received by the Seller in cash or until such time as the Buyer sells the goods in the ordinary course of business by way of bona fide sale at full market value. 11.2 In the event that payment is overdue in whole or in part the Seller may without prejudice to any of his other rights recover or resell the goods or any of them and may enter upon the Buyers premises by its servants or agents for that purpose. 11.3 As long as the property remains with the Seller, the Buyer may not sell the Goods other than in the ordinary course of business. If the Buyer should resell the Goods to a third party, or if he joins such materials to other goods in such a way that both form intrical parts of a new unit, the Buyer hereby assigns to the Seller, until complete settlement of all the Sellers claims, all receivables resulting from the sale of the Goods or from the connections of the Goods with other goods. 11.4 As long as the property shall remain with the Seller, the Buyer may not encumber the Goods delivered or transfer title to the Goods for security purposes. The Buyer shall immediately notify the Seller by registered letter if a third party seizes the Goods sold. The Buyer shall bear the costs of any action resulting from such seizure. 11.5 As long as the property remains with the Seller, the Buyer agrees: a) to insure the delivered Goods against the risk of fire, theft and water b) to submit the policy to the Seller – and c) that the rights on the insurance shall accrue to the Seller for the aforementioned period. Should the Buyer fail to submit evidence of existing insurance coverage while the property remains with the Seller in accordance with Condition 11, the Seller may take out such insurance at the Buyer’s expense. 12 WARRANTY 12.1 The Seller warrants that where the Goods are manufactured by it and only the best workmanship and materials are employed 12.2 If within the period of six months a) after despatch of Goods in the case of a single consignment or b) after despatch of the final consignment of the goods in cases of delivery by instalments, any fault is found in the Goods which in the opinion of the Seller is not attributable wholly or in part to installation and is a fault within its control, then in each case the Seller shall at its own expense and sole discretion either repair or replace the faulty Goods provided that notice of such fault is given in writing to the Seller by registered post not more than 7 days after the expiry of the said period of 6 months. 12.3 Wherever possible the Seller extends to the Buyer the benefit of any warranty or guarantee given to it by any other manufacturer of supplier of Goods 12.4 Subject as aforesaid, all express or implied warranties, terms and conditions, statutory or otherwise, as to quality or fitness for any purpose or the soundness of performance of the Goods or any component thereof either manufactured by the Seller or a third party are hereby expressly excluded from the Contract notwithstanding that samples and materials or merchandise to be handled or products to be produced by the use of the Goods shall have been supplied to the Seller by or on behalf of the Buyer. 13 SUBSTITUTION OF MATERIALS The Seller reserves the right to substitute without prior notice or consultation other materials for which may be specified in the Contract providing that the operating capabilities and technical properties are not in the opinion of the Seller, adversely affected 14 ALTERATION TO DESIGN OR SPECIFICATION Any alteration to design and/or specification requested by the Buyer shall be notified to the Seller in writing. Any costs incurred in complying with such alterations shall be added to the Contract Price and shall be paid by the Buyer 15 SUB-CONTRACTING The Seller reserves the right to sub-contract any part of the Contract, but in doing so the Seller will not be relieved of any liabilities under the Contract 16 FORCE MAJEURE Whilst the Seller undertakes to make every endeavour to execute orders as near to the date specified for delivery as possible all orders are accepted subject to delays caused by fires, industrial disputes, non-availability or raw materials or power supply, acts of Parliament or through any other cause whatsoever beyond the control of the Seller and the Seller shall not incur any liability or be responsible for any inconvenience, costs, losses or damages suffered by the Buyer arising from such delays (unless otherwise specifically agreed by the Seller in writing no penalties shall apply) 17 STATUTORY AND BY LAW APPROVAL It shall be the responsibility of the Buyer to obtain all necessary permissions and licences and to confirm to the provisions of Acts of Parliament, export laws of the united States of America and the United Kingdom, and to any other by-laws, orders and regulations for the time being in force affecting the sale of the Goods under the Contract and the Buyer shall pay and indemnify the Seller against all fees payable, costs claims and actions in connection therewith 18 GOODS LOST OR DAMAGED IN TRANSIT 18.1 If goods have not been received within three days of despatch the Buyer shall advise the Seller in writing immediately 18.2 Upon the receipt of such notice within the period specified, the Seller will use reasonable endeavours to assist the Buyer to obtain proof or delivery or admission of damage or short delivery from the carrier