These conditions shall apply to all contracts for the sale of goods by Storage Essentials Limited.. To any person firm or company purchasing or agreeing to purchase goods Storage Essentials Limited.("the Buyer") to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order or similar document.
Storage Essentials Limited shall retain Title to any goods delivered by it to the Buyer under any contract with Storage Essentials Limited until all monies due from the Buyer to Storage Essentials Limited under the contract or otherwise have been paid in full.
Until Title to the goods delivered has passed to the Buyer in accordance with Condition 2.
Storage Essentials Limited shall have absolute authority to retake, sell or otherwise deal with or dispose of all or any part of the goods in which title remains with Storage Essentials Limited. For this purpose shall be entitled at any time and without notice to enter upon any premises in which the goods or any part of them are installed, stored or kept, or are reasonably believed to be so.
Storage Essentials Limited shall be entitled to seek a Court injunction to prevent the Buyer from selling transferring or otherwise disposing of the goods.
The Buyer shall be bailee of the goods on Storage Essentials Limited behalf and shall store or otherwise denote the goods in such a way that the same can be recognised as Storage Essentials Limited property.
In the event that the Buyer appropriates the goods to any process of manufacture or cuts, alters or mixes them with other goods, or otherwise deals with them in the ordinary course of business. The resulting product will become the property of Storage Essentials Limited immediately upon such dealing and the Buyer will be the bailee thereof.
If the Buyer sells them or any product or any such dealing with them as is set out above it will do so as the agent of Storage Essentials Limited and must keep any proceeds there from separate from proceeds of sale of not belonging to Storage Essentials Limited
Notwithstanding the foregoing the Buyer assumes the risk in any goods delivered to it by Storage Essentials Limited upon delivery and of any products of the goods upon those products coming into existence.
All prices are subject to increase in the event of an increase by Storage Essentials Limited for labour and/or materials used by Storage Essentials Limited in performing its obligations under the contract and which occur between the date hereof and the date of delivery.
The price of the goods shall be paid in full to Storage Essentials Limited upon demand. If payment is not received Storage Essentials Limited reserves the right to charge interest on a daily basis at a rate of 5% above Barclays Bank Plc base rate from time to time. The Buyer may not withhold payment of any invoice or other amount due to Storage Essentials Limited by reason of any right of set off or counterclaim which the Buyer may have or allege to have against Storage Essentials Limited or for any other reason whatsoever.
If Storage Essentials Limited instruct Solicitors as a result of the Buyer\'s failure to pay any amount due to Storage Essentials Limited, the Buyer shall pay any and all Storage Essentials Limited Solicitor\'s costs and expenses incurred as a result on a full indemnity basis.
Delivery dates or periods, are approximate only and time shall not be of the essence of the contract. Storage Essentials Limited shall incur no liability whatsoever in respect of any loss or damage suffered by the Buyer resulting from delay in delivery howsoever caused.
No claim against Storage Essentials Limited in respect of short weight or damage in transit will be entertained unless the delivery notes have been marked accordingly and Storage Essentials Limited has been notified in writing by recorded delivery post within three days of the delivery of the goods. Storage Essentials Limited shall be given an opportunity to re-weigh and/or inspect the total consignment, or that part which it deems necessary.
No claim shall be entertained in respect of goods delivered wet unless the Buyer informs Storage Essentials Limited by telephone on the day of delivery, endorses the delivery notes accordingly, and confirms the same to Storage Essentials Limited in writing on the same day by recorded delivery post.
The liability of Storage Essentials Limited arising out of defective goods supplied under any contract with the Buyer is limited to the value of the defective goods. All other liability for delivering defective goods whether in tort or contract, by express or implied term, is hereby excluded to the extent allowed by law.