Terms & Conditions of Sale
1. BAKO WESTERN LIMITED whether trading under its own name or under the name of any of its trading divisions ("the Seller") sells its products to the Buyer named on the invoice ("the Buyer") only and exclusively on the terms hereinafter set out and upon the basis that these conditions will prevail over any others contained in any other document or expressed orally.
2. The Seller will retain title in, and the right of disposal of, the Products until the Buyer has paid the Seller in full for the Products. Until such payment, the products will be held by the Buyer on the Seller's behalf and will be kept so as to be identifiable as belonging to the Seller, and the Seller or its agents may enter the Buyer's premises in order to recover or to resell all or any of the Products unpaid for. If the Buyer sells the Products or any of them before the Seller has been paid in full, the Buyer will hold the proceeds of the sale on trust for the Seller and will keep the proceeds so as to be identifiable as belonging to the Seller, and will not mingle such proceeds with other funds or pay them into any overdrawn bank account.
3. Should default be made by the Buyer in paying any sum due under any order as and when it becomes due (time being of the essence) the Seller shall have the right to either suspend all further deliveries until the default be made good or to cancel the order so far as any goods remain to be delivered thereunder.
4. No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless; in the case of damage in transit or shortage of delivery, a separate notice in writing is given to the carrier concerned and to the Seller within 3 days of the receipt of the goods, followed by a complete claim in writing within 7 days of receipt of goods and, in the case of loss of goods, notice in writing is given to the carrier concerned and to the Seller and a complete claim in writing made within 7 days of the date of consignment. (Time to be of the essence).
5. Goods represented: by the Buyer to be defective shall not form the subject of any claim for work done by the Buyer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods if returned to the Seller and accepted by him as defective, will at the request of the Buyer and if practicable be replaced as originally ordered. Defects in quantity or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
6. Prices charged are those ruling on date of dispatch and are subject to change without notification.
7. A minimum of £150 value per delivery.
8. BAKO Western Ltd certifies that all goods supplied conform to all relevant statutory requirements and to any specification description relating to the goods which have been agreed, in writing, between BAKO Western Ltd or BAKO UK Buyers Ltd and relevant suppliers.
TERMS OF PAYMENTS
Initially on becoming a member of BAKO Western Ltd, the terms of payment are cash on delivery until satisfactory references are received. Once references have been received the following options are available:
1. A discount structure exists for prompt payment. Full details are available on request.
2. A monthly account is the other form of payment. No discount is allowed and these accounts must be settled by the 23rd of the month following statement. Failure to make payments by the end of the month could lead to discontinuation of supplies until the account is settled.
At the end of the financial year, if profits have been made, payment of a rebate on all purchases throughout the year will be made to members holding £100 in shares and having paid strictly to terms during that period. Failure to keep to terms will automatically disqualify members from payment of rebate.