Enrich Trade Ltd.
Enrich Terms and Conditions of Sale and Delivery
- for business-to-consumer transactions only-
- Scope of application
1.1. These General Terms and Conditions of Sale and Delivery (TOS) apply to all our
business relationships with you as our trading partner.
1.2. These TOS apply in particular to contracts for the sale and supply of movable goods,
regardless of whether such goods are manufactured by us or purchased by us from
third-party suppliers. These TOS, as amended from time to time, also apply as a
framework agreement to any contracts for the sale and supply of movable goods
entered into with you in future without any particular reference to their application being
required from us in each individual case.
1.3. These TOS apply to the exclusion of all others. Deviating, conflicting or complementary
terms and conditions from you shall only be incorporated in the agreement if and to the
extent that we have expressly consented to their application. Such consent shall be
required in any circumstances whatsoever, including, for example, where we have
knowledge of conflicting terms and conditions from you and effect deliveries to you
without reservation. - Offer, conclusion of contract
2.1. Your purchase order shall constitute a binding offer to contract which we may accept
within a period of four weeks by sending an order confirmation or by making delivery of
the goods. Any previous offers made by us are without obligation and subject to change
without notice.
2.2. Our minimum order value is £50.00 net. We shall not execute orders below such
amount, unless expressly agreed otherwise.
2.3. In case of purchase orders placed via electronic means, we shall promptly acknowledge
the receipt of the order. Such acknowledgement of receipt shall, however, not constitute
an acceptance of your offer by us.
2.4. None of our employees, except chief executive officers and authorized signatories, has
the authority to enter into any oral agreements deviating from these TOS. That applies
in particular to any assumption of guarantees.
2.5. Unless otherwise provided for, customary trade terms shall be construed in accordance
with Incoterms 2010, including amendments valid at the time of the conclusion of the
contract. - Specification of the goods
3.1. Unless otherwise expressly agreed, we shall not be obliged to verify whether the goods
serve or are suitable for any purpose or use intended by you.
3.2. Where we provide models or samples to you, these are merely intended to describe
more specifically the supplies or services to be provided by us. They shall not be
regarded as any guarantee of quality.
3.3. The specification of our cable ties shall be in accordance with the requirements of UL
62275 (Underwriters Laboratories Inc.) as amended at the time of the conclusion of the
contract.
3.4. In order to ensure full compliance of our goods with the specification, their storage must
be in accordance with our storage instructions. You will find our storage instructions in
our product catalogue and on our website. - Prices and terms of payment
4.1. Unless otherwise agreed in individual cases, prices charged shall be our list prices
current at the time of the conclusion of the contract; prices shall be quoted ex works
Wembley/Middlesex England, exclusive of packaging and statutory VAT.
4.2. Unless otherwise agreed, in case of sale by delivery to a place other than the place of
performance at your request (section 5.2.), the costs of transport, the costs of any
requested transport insurance as well as any customs or other public duties shall be
borne by you.
4.3. Unless otherwise agreed, we shall not clear goods for shipment or make them available
for collection before payment of the purchase price is received without deductions.
4.4. Upon expiry of an agreed payment period, you shall be in default. During the period of
default, the purchase price shall bear interest at the applicable statutory default interest
rate. We reserve the right to claim damages for any further losses caused by default.
Our rights against merchants to claim interest from the due date shall remain
unaffected. - Delivery, passing of risk, delay in acceptance
5.1. Where we have indicated delivery periods and made them the basis of purchase
orders, such periods shall be extended in the event of strike and cases of force majeure
for the duration of any such delay. The same applies where you fail to comply with any
duty of active co-operation.
5.2. Delivery shall be ex warehouse; the latter place shall also be the place of performance.
Goods shall be delivered to another place of destination at your request and expense
(sale by delivery to a place other than the place of performance at your request). Unless
otherwise agreed, we shall determine the method of shipment in our own discretion
(including without limitation carrier, routing, packaging).
5.3. The risk of accidental loss or accidental deterioration of the goods shall pass to you no
later than upon delivery. However, in case of sale by delivery to a place other than the
place of performance at your request, the risk of accidental loss or accidental
deterioration of the goods as well as of any delay in delivery shall pass to you upon
hand-over of the goods to the forwarder, carrier or other person or agent entrusted with
the shipment. Delivery shall also be deemed to have occurred if you are in default of
acceptance.
5.4. During the period in which you are in default of acceptance, you shall reimburse us for
any storage costs. Such costs shall be £10 net / m² of floor space per day. You remain
entitled to prove that any expenses incurred by us were not incurred at all or were
incurred in a lesser amount. - Liability for defects
6.1. Unless otherwise provided for in the following, your rights as the purchaser in respect of
defects in quality or title shall be governed by statutory provisions. Special statutory
provisions concerning final deliveries of goods to a consumer shall in any case remain
unaffected.
6.2. Our liability for defects shall primarily be based on the agreement on the specification of
the goods. Product descriptions which are referred to as such and have been provided
to you prior to your purchase order or incorporated in the agreement in the same way
as these TOS shall be regarded as such an agreement on the specification of the
goods.
6.3. In the absence of any agreement on the specification, the existence of defects shall be
determined in accordance with statutory provisions.
6.4. Your claims in respect of defects shall be subject to the proviso that you have complied
with your statutory obligations of examination and notification of defects. If goods are
found to be defective during such examination or afterwards, we shall immediately be
notified thereof in writing. The notification shall be deemed immediate if made within
one week; dispatch in due time shall suffice to meet the deadline. Irrespective of such
obligation of examination and notification of defects, you shall notify in writing all
apparent defects (including incorrect deliveries and short deliveries) within three days of
receipt of delivery; dispatch in due time shall suffice to meet the deadline. If you fail to
examine goods and/or notify defects as required, our liability for any non-notified
defects shall be excluded.
6.5.
We shall be entitled to make any subsequent performance owed conditional upon your
payment of any due purchase price. You shall, however, be entitled to withhold a
fraction of the purchase price which is in reasonable proportion to the defect.
6.6. You shall allow us such time and opportunity as is necessary to effect any subsequent
performance owed, which shall particularly require you to deliver to us any rejected
goods for purposes of examination. In case of replacement delivery, you shall return the
defective item to us as provided by statutory provisions.
6.7. In order to ensure a timely examination of your complaint, we recommend you fully
complete our complaint form and send us, along with the rejected goods, a closed
packet from the original delivery.
6.8. If subsequent performance has failed or if a reasonable period to be set for subsequent
performance has expired to no avail or was not required to be set according to statutory
provisions, you may withdraw from the contract or reduce reasonable amount of the
purchase price. The right to withdraw from the contract is, however, excluded in case of
minor defects.
6.9. Except for claims for damages, any claims based on defects in quality shall be subject
to a limitation period of one year. That shall not apply where longer limitation periods
are provided by statutory provisions. Claims for damages and claims for reimbursement
of wasted expenditure shall be subject to the provisions in section 7.
6.10. Claims for damages and/or wasted expenditure shall be subject to the limitations
according to section 7 and shall be excluded except as admitted thereunder. - Liability for damages
7.1. Our liability for any breach of contractual and non-contractual duties shall be governed
by the applicable statutory provisions. - Retention of title
8.1. All goods sold shall remain our property until receipt of full payment of all claims arising
now or in future from the sales contract and from the ongoing business relationship
(secured claims).
8.2. Any goods delivered subject to retention of title shall neither be given in pledge nor
assigned as collateral security to any third party until full payment of the secured claims
is received. You shall promptly notify us in writing of any action or attempt by third
parties to seize or take possession of goods owned by us.
8.3. If you act contrary to the contract, including without limitation if you fail to make
payment of the purchase price