Retention of Title
These Goods remain the property of Kells Wholemeal Limited until payment in full has been received by Kells Wholemeal Limited for all the Goods and all other monies due.
Customers must pay cash on delivery until credit facilities have been agreed. Customers to whom credit facilities have been granted must settle their account by Direct Debit. Direct Debits are collected on the first Friday of every month allowing 30 days credit from end of calendar month. The company reserves the rights to delivery if the buyer’s account is overdue or credit unsatisfactory and further credit may be withdrawn.
All prices quoted are Net which will be added to each invoice at the current rate applicable to each order. All prices are subject to alteration without prior notice.
Kells Wholemeal Ltd shall not in any circumstances be liable for any goods considered damaged in transit, defective or otherwise, unless damage is reported to Kells Wholemeal Ltd within 48 hours of delivery by the buyer. In the event of non-delivery of goods in whole or part Kells Wholemeal Ltd shall not be liable unless notice in writing is received by the company with 48 hours of delivery by the buyer.
Any claims for returned goods must be made within 14 days of delivery date via the office or Sales representative only.
On agreeing to accept the returns Kells Wholemeal Ltd will issue a returns docket which will accompany the next delivery to the customer.
No returns will be accepted without prior notification.
Kells Wholemeal Ltd will review any claims request on a case by case basis.
Credit will not be granted if any of the products returned is opened, damaged, out of date etc.
The risk in all goods passes on delivery by or on behalf of Kells Wholemeal Limited to the Purchaser.
Pending payment of the price of the goods, the Purchaser is at liberty to resell them but only subject to the conditions set out herein.
At any time prior to the Purchaser paying all sums due for the goods delivered to the Purchaser, Kells Wholemeal Limited may, by notice to the Purchaser, determine the Purchaser’s right to sell or deal with the goods in any manner and, upon service of such notice, the Purchaser shall immediately return the goods to Kells Wholemeal Limited.
Notwithstanding that title has not passed to the Purchaser, Kells Wholemeal Limited may maintain an action against the Purchaser for the price of the goods or any part thereof.
The Purchaser’s right to sell or otherwise deal with the goods in any way shall terminate and the Purchaser shall immediately return the goods to Kells Wholemeal Limited without any notice from Kells Wholemeal Limited being necessary upon the happening of any of the following events:
- In the event that a receiver, examiner or liquidator has been appointed over the Purchaser.
- In the event that any notice or petition to wind up the Purchaser or to appoint a receiver or examiner to the Purchaser is served upon or otherwise delivered or notified to the Purchaser or the Purchaser is notified of or becomes aware that any such petition or notice is to be presented.
- In the event that the Purchaser intends to make or makes any arrangement with its creditors.
- In the event that the Purchaser becomes insolvent.