SUSINO TERMS AND CONDITIONS
1.1 In these Terms:
“the Seller” means Susino (UK) Ltd whose registered address is at 52 Evans Road, Venture Point Business Park, Liverpool L24 9PB (Company No 06187994);
“the Buyer” means the person, firm or company whose written order for the Product is accepted by the Company;
“the Product” means umbrellas supplied by the Seller.
2 Basis of the Sale
2.1 The Seller shall sell and the Buyer shall purchase the Product in accordance with the Buyer’s written order (if accepted by the Seller), subject to these terms.
2.2 No variation to these terms shall be binding unless agreed in writing between the authorised representatives of the Seller and the Buyer.
2.3 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
2.4 Please Note that any discount/voucher codes are limited to ONE use per customer.
3 Terms of Payment
3.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller may invoice the Buyer for the price of the Product at any time after the Seller has delivered the Product or (as the case may be) the Seller has tendered delivery of the Product.
3.2 The Buyer shall pay the price of the Product within 30 days of the date of the Seller’s invoice, and the Seller shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Product has not passed to the Buyer. The time of payment of the price shall be of the essence of the contract. Receipts for payment will be issued only on request.
3.3 If the Buyer fails to make any payment on the due date then, without limiting any other right or remedy available to the Seller, the Seller may:
3.3.1 cancel the contract or suspend any further deliveries to the Buyer until all outstanding balances are cleared;
3.3.2 appropriate any payment made by the Buyer to such of the Product (or the Product supplied under any other contract between the Buyer and the Seller) as the Seller may think fit (notwithstanding any purported appropriation by the Buyer); and
3.3.3 charge the Buyer interest (both before and after any judgment) on the amount unpaid, at the rate of 2 per cent per annum, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
4 Credit Account
4.1 The Seller is entitled to cancel the Buyer’s credit account if the Buyer fails to reorder the Product within 90 days from the date of the last order. The Buyer shall pay administrative charge of £15 if it re-opens a cancelled credit account.
5 Umbrella Stand
5.1 An Umbrella Stand is supplied by the Seller to the Buyer if the Buyer spends £500 or above (excluding VAT) on the Product;
5.2 The Umbrella Stand remains the Seller’s property at all time. The Buyer shall hold the Umbrella Stand as the Seller’s fiduciary agent and bailee and shall only store the Product on the Umbrella Stand.
5.3 The Seller shall be entitled to repossess the Umbrella Stand upon providing 7 days notice in writing to the Buyer and the Buyer shall use its best endeavour to return the Umbrella Stand to the Seller upon receiving the Seller’s notice.
6.1 Delivery of the Product will be made by the Seller to the Buyer and a delivery charge of £10 per carton will be charged to the Buyer if the order is under £250 (excluding VAT).
6.2 Any dates quoted for delivery of the Product are approximate only and the Seller shall not be liable for any delay in delivery of the Product however caused. Time for delivery shall not be of the essence of the contract. The Product may be delivered by the Seller in advance of the quoted delivery date on giving reasonable notice to the Buyer.
6.3 If the Buyer fails to take delivery of the Product or fails to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) then, without limiting any other right or remedy available to the seller, the Seller may:
6.3.1 store the Product until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or
6.3.2 sell the Product at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the contract or charge the Buyer for any shortfall below the price under the contract.
7 Risk and Property
7.1 Risk of damage to or loss of the Product shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Product, the time when the Seller has tendered delivery of the Product.
7.2 Notwithstanding delivery and the passing of risk in the Product, or any other provision of these terms, the property in the Product shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Product and all other Product agreed to be sold by the Seller to the Buyer for which payment is then due.
7.3 Until such time as the property in the Product passes to the Buyer, the Buyer shall hold the Product as the Seller’s fiduciary agent and bailee, and shall keep the Product separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but the Buyer may resell or use the Product in the ordinary course of its business.
7.4 Until such time as the property in the Product passes to the Buyer (and provided the Product are still in existence and have not been resold), the Seller may at any time require the Buyer to deliver up the Product to the Seller and, enter any premises of the Buyer or any third party where the Product are stored and repossess the Product.
7.5 The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Product which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without limiting any other right or remedy of the Seller) forthwith become due and payable.
8 Returns Policy:
8.1 A credit note will be issued for the full invoiced price less carriage when manufacturing faults are reported promptly to the Seller. VAT will be added where applicable. If the return is substantial the Seller will arrange the goods to be return to its premises for inspection. A credit note will then be issued.
8.2 The Seller cannot credit for wind damage, this is a natural phenomenon and damages caused by the wind do not constitute a manufacturing fault. Everyday wear and tear is also not covered by our guarantee.
8.3 The Buyer cannot return products which have previously been sold to end consumers through their own businesses.
8.4 At the time of purchasing the Buyer will be allowed to take a 2.5% discount on net value of the order to forgo their right to make a return. Within the discount given to a bulk Buyer a 2.5% no-returns discount will be included. The Buyer will no longer be able to opt out of this discount under any circumstances.
9 Warranties and Liability
9.1 A claim by the Buyer which is based on any defect in the quality or condition of the Product or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified to the Seller within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused, and the Buyer does not notify the Seller accordingly, the Buyer shall not be entitled to reject the Product and the Seller shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Product had been delivered in accordance with the contract.
9.2 Where a valid claim in respect of any of the Product which is based on a defect in the quality or condition of the Product or their failure to meet specification is notified to the Seller in accordance with these terms, the Seller may replace the Product (or the part in question) free of charge or, at the Seller’s sole discretion, refund to the Buyer the price of the Product (or a proportionate part of the price), in which case the Seller shall have no further liability to the Buyer.
9.3 Except in respect of death or personal injury caused by the Seller’s negligence, or liability for defective products under the Consumer Protection Act 1987, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether 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 Product (including any delay in supplying or any failure to supply the Product in accordance with the contract or at all) or their use or resale by the Buyer, and the entire liability of the Seller under or in connection with the contract shall not exceed the price of the Product except as expressly provided in these terms.
10 Insolvency of Buyer
10.1 This clause 8 applies if:
10.1.1 The Buyer makes a voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
10.1.2 An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer; or
10.1.3 The Buyer ceases, or threatens to cease, to carry on business; or
10.1.4 The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the buyer and notifies the Buyer accordingly.
10.2 If this clause applies then, without limiting any other right or remedy available to the Seller, the Seller may cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Product have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
11.1 A notice required or permitted to be given by either party to the other under these terms shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
11.2 This contract shall be governed by and construed in accordance with the Law of England and Wales and the parties shall submit to the jurisdiction of the English Courts in their entirety. 11.3 Please Note that any discount/voucher codes are limited to ONE use per customer