First Choice Lockers Terms & Conditions


1. These conditions shall apply to all contracts for the sale of goods by First Choice Lockers. To any person firm or company purchasing or agreeing to purchase goods from First Choice Lockers ("the Buyer") to the exclusion of all other terms and conditions including any which the Buyer may purport to apply under any purchase order or similar document.

2. First Choice Lockers shall retain Title to any goods delivered by it to the Buyer under any contract with First Choice Lockers until all monies due from the Buyer to First Choice Lockers under the contract or otherwise have been paid in full.

3. Until Title to the goods delivered has passed to the Buyer in accordance with Condition 2.

4. First Choice Lockers shall have absolute authority to retake, sell or otherwise deal with or dispose of all or any part of the goods in which title remains with First Choice Lockers. For this purpose shall be entitled at any time and without notice to enter upon any premises in which the goods or any part of them are installed, stored or kept, or are reasonably believed to be so.

5. First Choice Lockers shall be entitled to seek a Court injunction to prevent the Buyer from selling transferring or otherwise disposing of the goods.

6. The Buyer shall be bailee of the goods on First Choice Lockers behalf and shall store or otherwise denote the goods in such a way that the same can be recognised as First Choice Lockers property.

7. In the event that the Buyer appropriates the goods to any process of manufacture or cuts, alters or mixes them with other goods, or otherwise deals with them in the ordinary course of business. The resulting product will become the property of First Choice Lockers immediately upon such dealing and the Buyer will be the bailee thereof.

8. If the Buyer sells them or any product or any such dealing with them as is set out above it will do so as the agent of First Choice Lockers and must keep any proceeds there from separate from proceeds of sale of not belonging to First Choice Lockers.

9. Not with standing the foregoing the Buyer assumes the risk in any goods delivered to it by First Choice Lockers upon delivery and of any products of the goods upon those products coming into existence.

10. All prices are subject to increase in the event of an increase by First Choice Lockers for labour and/or materials used by First Choice Lockers in performing its obligations under the contract and which occur between the date hereof and the date of delivery.

11. The price of the goods shall be paid in full to First Choice Lockers upon demand. If payment is not received First Choice Lockers reserves the right to charge interest on a daily basis at a rate of 5% above Natwest Bank Plc base rate from time to time. The Buyer may not withhold payment of any invoice or other amount due to First Choice Lockers by reason of any right of set off or counterclaim, which the Buyer may have or allege to have against First Choice Lockers or for any other reason whatsoever.

12. If First Choice Lockers instruct Solicitors as a result of the Buyer's failure to pay any amount due to First Choice Lockers, the Buyer shall pay any and all First Choice Lockers Solicitor's costs and expenses incurred as a result on a full indemnity basis.

13. Delivery dates or periods, are approximate only and time shall not be of the essence of the contract. First Choice Lockers shall incur no liability whatsoever in respect of any loss or damage suffered by the Buyer resulting from delay in delivery howsoever caused.

14. No claim against First Choice Lockers in respect of short weight or damage in transit will be entertained unless the delivery notes have been marked accordingly and First Choice Lockers has been notified in writing by recorded delivery post within three days of the delivery of the goods. First Choice Lockers shall be given an opportunity to re-weigh and/or inspect the total consignment, or that part which it deems necessary.

15. No claim shall be entertained in respect of goods delivered wet unless the Buyer informs First Choice Lockers by telephone on the day of delivery, endorses the delivery notes accordingly, and confirms the same to First Choice Lockers in writing on the same day by recorded delivery post.

16. The liability of First Choice Lockers arising out of defective goods supplied under any contract with the Buyer is limited to the value of the defective goods. All other liability for delivering defective goods whether in tort or contract, by express or implied term, is hereby excluded to the extent allowed by law.

17. It is up to the buyer to make sure that any floor where an First Choice Lockers is being installed is capable of taking the point and dead loads that are placed onto it

First Choice Lockers full terms & conditions available on request.

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