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Terms & conditions
ALL CONTRACTS ENTERED INTO BY STOWLIN LIMITED FOR THE SALE OF GOODS ARE SUBJECT TO THESE CONDITIONS OF SALE, EXCEPT INSOFAR AS THEY ARE EXPRESSLY EXCLUDED IN WRITING BY STOWLIN LIMITED OR INSOFAR AS THEY ARE INCONSISTENT WITH TERMS STOWLIN EXPRESSLY AGREES WITH THE CUSTOMER IN WRITING. IN PARTICULAR, IN THE EVENT OF ANY INCONSISTENCY WITH OTHER STANDARD TERMS PURPORTEDLY APPLYING TO ANY SUCH CONTRACT, THESE CONDITIONS SHALL PREVAIL. NO EMPLOYEE HAS AUTHORITY TO ENTER INTO AN AGREEMENT WHICH IS INCONSISTENT WITH THESE CONDITIONS OF SALE.
No employee or other agent of the Company is authorised to make any such subsequent oral agreement or variation
of the Sale of Goods Act 1979 (save only that the condition as to fitness for purpose shall apply only where the purpose in question has been expressly notified to the Company in writing prior to the conclusion of the contract); otherwise the Company makes no warranty, condition or representation about the quality or merchantability of the goods or their fitness for any purpose, or their conformity with description or sample. Where, by reason of the nature of the goods or in accordance with normal trade usage, variations are reasonably to be expected in the quantity or quality of the goods, such goods are sold subject to normal tolerances in those respects.
delivered pursuant to the contract have been paid for in full. Until such payment, all such goods are held by the Customer as fiduciary, and shall be stored and marked in such a way as to remain identifiable as the Company’s property. The Customer shall have the right to sell or use the goods before payment for the same shall have been received by the Company provided that, if the customer resells the goods before payment for the same has been received by the Company, the Customer shall pay-out the proceeds of sale an amount equal to the price under the Customer’s contract with the Company into a separate bank account clearly denoted as an account containing monies deposited for the benefit of the Company by the Customer acting as fiduciary. The Company is accordingly entitled to all the rights and remedies of an owner against a fiduciary, including the right to trace the proceeds of any resale by the Customer.
THE COMPANY SUPPLIES A LARGE NUMBER OF CUSTOMERS WITH A WIDE VARIETY OF GOODS. IT IS GENERALLY NOT IN A POSITION TO ASSESS ITS POTENTIAL LIABILITIES IN THE EVENT OF A BREACH OF CONTRACT. IN THESE CIRCUMSTANCES THE COMPANY BELIEVES THE EXCLUSIONS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE CONDIOTINS TO BE REASONABLE (AND IT HAS OBTAINED PRODUCT LIABILITY COVER ON THE BASIS OF THEM). CUSTOMERS ARE URGED TO OBTAIN THEIR OWN INSURANCE IF NECESSARY. THE COMPANY MAY BE WILLING TO CONSIDER SPECIAL TERMS IN PARTICULAR CASES.