Evans Lichfield Limited (The Company) sells and the Customer purchases on the following terms:
The goods shall be at the Customers risk from date of delivery.
Until the Company is paid in full the price for the goods, property in the goods shall remain in the Company which reserves the right to dispose of them.
The drawing and delivering by the Customer or the acceptance by the Company of cheques or bills of Exchange does not amount to payment for the goods unless those cheques or bills of Exchange are honoured on presentation.
Until property in the goods passes to the Customer the relationship between the Company and the Customer shall be that of bailor and bailee and the Customer shall not remove, alter or otherwise interfere with any markings or labels which may be placed by the Company on the goods. If payments of the price of the goods or any part of it is overdue or if it appears to the Company that the Customer is or may be insolvent, the Company may recover and re-sell the goods and by its servant or agent enter upon the Customers premises for that purpose. The provisions of this clause are without prejudice to the Company’s right to sue for the price when due.
Non delivery of whole or part of a consignment, incorrect delivery of goods (whether incorrect because goods delivered were not goods ordered or otherwise) or damage in transit must be notified to the Company immediately unless such non-delivery, incorrect delivery or damage is notified by the Customer to the Company within 7 days of receipt of invoice, and unless, except in the case of non-delivery of whole, the original packaging is retained by the Customer for inspection by the carriers/insurers, the Company shall have no liability for any loss or damage arising there from.