Shamir UK Catalogue - Catalog - Page 21
Payment for the goods shall be made within twenty
five days following the month goods are invoiced by
the seller, without deduction or set off.
The seller shall have the right to claim and be paid
interest at base rate plus 4% per annum accrued from
the date the debt falls due, to the date of payment.
Charges will be applied to the debt cumulatively,
monthly in arrears.
The seller may at any time require the buyer to make
payment in advance of delivery.
The seller shall be entitled to maintain an action to for
price of the goods, notwithstanding that title in the
goods may not have passed to the buyer.
The buyer shall be entitled to sell in the ordinary
course of its business any of the goods which are the
property of the seller, on the condition that the buyer
shall hold on trust for and on demand pay or transfer
to the seller (to the extent of the monies due to the
seller) the proceeds of such sale and all claims that
the buyer may have against its purchaser as a result of
Should the buyer fail to make payment by the due date 7.1
or when required, the seller reserves the right without
prejudice to any other remedy which it may have
to cancel this contract and / or any other contract
between the buyer and the seller and / or to suspend
delivery until payment shall have been made.
Retro discount is only applicable upon compliance
with our full terms and conditions
The liability of the seller shall only apply to defect that
appear under proper use and under conditions of
operation not more onerous than those declared to
the seller and in particular, shall not apply to defects
which arises from the buyer’s neglect, misuse or from
normal wear and tear.
Any goods returned to the seller and replaced by the
seller shall be the property of the seller.
The seller’s liability under this clause will be in lieu of
any warranty or condition implied by law as to the
quality or fitness for any particular purpose of the
goods, and save as provided in this clause, the seller
shall not be under any liability, whether in contract or
otherwise, in respect of defects or injury.
Complaints by the buyer in respect of the goods
alleged to be defective shall be made within 5 days of
delivery and shall not entitle the buyer to withhold or
set off payments due to the seller.
The original order/invoice should accompany orders to
In the case of any stock /wholesale orders being
returned to the seller, lenses must be returned with a
Shamir returns note.
RETENTION OF THE TITLE
The title of the goods shall not pass to the buyer until
all sums due or owing by the buyer to the seller on any
account whatsoever, (including the contract for the
supply of the goods), have been paid in full.
So long as property in the goods shall remain in the
Seller the Goods shall be set aside from the Buyer’s
general stock and shall be made with an indication
that they remain the property of the Seller.
If the buyer shall commit any breach of its obligations
or shall make any default in payment of any sum due
to the seller under this contract or any other contract
or if any distress, execution or other legal process shall
be levied against the buyer’s property or assets, or the
buyer shall make or offer to make any arrangement
or composition with its creditors, or any petition or
order be presented or made against the buyer, or if
any resolution or petition to wind up the buyer shall
be presented or passed, or an administrative receiver
be appointed of all or any of its assets, then in each
case the seller will have the right with or without prior
notice at any time to retake possession of the whole
or any part of the goods (and for that purpose go onto
the premises occupied by the buyer or any subsidiary,
parent or associated company of the buyer) to the
value of all sums due to the seller, without prejudice to
any other remedy of the seller.
If the goods prove on inspection to be defective in
materials or workmanship, the seller undertakes as its
option to replace the same or refund the buyer the
price of the goods and in no circumstances will liability
exceed the cost of replacement or the price paid by
the Buyer for the goods.