Terms & Conditions

  1. These conditions shall apply to all contracts for the sale of goods by the seller to the buyer the seller being Norwood Aquarium Ltd to the exclusion of all other terms and conditions including any terms or conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document unless confirmed in writing between the buyer and the seller. 
  2. In the absence of any other document for the sale of goods by the seller the acceptance of delivery of the goods shall be deemed conclusive evidence of the buyers acceptance of the terms and conditions. Any variation in these conditions shall be inapplicable unless agreed in writing by the seller
  3. The sellers price list does not constitute an offer, quotation or estimate. The price of the goods shall be the price stipulated in the sellers published price list current at the date of delivery of goods.
  4. All delivery charges are for the account of the buyer unless otherwise agreed upon in writing by the buyer and the seller. 
  5. Payments for goods are c.o.d unless agreed in writing by the seller.
  6. Interest on overdue accounts shall accrue from when the date when payment became due from day to day until the date of payment at a rate of 4% above the bank of England base rate. Any invoice outstanding beyond the agreed period will be referred to Daniels Silverman Limited (or any other debt recovery service) and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
  7. The buyer shall be deemed to have accepted the goods 24 hours after the delivery of the goods. All glass products must be inspected at the time of delivery. 
  8. After acceptance the buyer shall not be entitled to reject the goods which are not in accordance with the contract. 
  9. Where the buyer accepts or has been deemed to have accepted any goods then the seller shall have no liability whatever to the buyer in respect of those goods. 
  10. Risk shall pass on delivery of the goods. Delivery of the goods is effected or is deemed to have been effected, if the goods have been made available to the buyer.
  11. In spite of delivery having been made, title of the goods shall not pass from the seller until the buyer shall have paid the price in full and no other sums whatever shall be due from the buyer to the seller.
  12. Until title of the goods passes to the buyer in accordance with clause 11 above the buyer shall hold the goods and each of them on a fiduciary basis as bailee for the seller. the buyer shall store the goods (at no cost to the seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the sellers property.
  13. The seller shall be entitled to recover the goods or the price notwithstanding that title in any goods has not passed from the seller to the buyer.
  14. Until such a time as title in goods passes from the seller to the buyer the buyer shall upon request deliver up such goods at the expense of the buyer. If the buyer fails to do so the seller or the sellers agent may enter the premises where the goods are situated and repossess the goods. 
  15. If a resolution be passed for the winding up of the buyer or if any court of competent jurisdiction shall make an administration order or an order for winding up or bankruptcy of the buyers, or if an administrative receiver be appointed the seller shall be entitled to receive and recover from the buyers premises any goods supplied by the seller to equal value to the sum then owing to the seller without being required to distinguish between those goods for which payment has been made and those goods for which no payment has been received.
  16. Notwithstanding that the goods (or any of them) remain the property of the seller the buyer may sell the goods at full market value for the account of the seller. Any such sale shall be the sale of the sellers property by the buyer on the buyers own behalf and the buyer shall deal as principal when making such sales. Until title in the goods passes from the seller the entire sale proceeds shall be held in trust for the for the seller and shall not be mixed with other money or paid into an overdrawn account and shall be at material times identified as the sellers property.
  17. The seller shall be under no liability whatever to the buyer for an indirect loss and/or expense (including loss of profit) suffered by the buyer arising out of breach by the seller of this contract. 
  18. The contract is subject to the laws of England and Wales.