Standard Terms and Conditions

1. Definitions
'the Company' shall mean Berkshire Antiques Company Limited
'the Goods' shall mean the goods sold by the Company to the Customer
'the Customer' shall mean the purchaser of the Goods
'the Price' shall mean the price of the Goods as agreed between the Company and the Customer 

2. Price
Payment terms including the price of the goods will be marked on the invoice and must be paid within 2 weeks of the invoice date, after which interest will become payable to the Company at the rate of 2% above the HSBC Bank Base Rate. The Company reserves the right to change the price of the goods without notice, except where an order has already been accepted at the original price and the invoice has been issued.

3. Deposit
A deposit of 25% of the total value of the Goods shall become payable upon receipt of the order, with the balance of the monies payable on delivery of the Goods. If delivery of the Goods is not taken within 3 months of the receipt of the advice of availability the contract shall be deemed to be mutually rescinded without prejudice to the right of the company to sue for any loss or damage it may suffer as a result of such rescission, the deposit shall become forfeit.

4. Delivery
Delivery of the Goods shall take place when the Customer collects the Goods from the Company's premises, unless the Company and the Customer agree otherwise. The Customer will be deemed to have accepted the Goods on delivery unless the Customer informs the Company within 24 hours of receipt of the Goods that they are either damaged or not in accordance with the contract, in accordance with clause 5.

5. Liability of the Company for Damaged Goods
The Customer shall inspect the Goods on delivery. The Company will use all reasonable endeavours to remedy any patent defects discovered on delivery, and accepts no liability for defects discovered after delivery. Where the Company delivers the Goods to the Customer the Company will accept no liability for Goods damaged in transit where the Company has made reasonable endeavours to ensure the safety of the Goods. 

6. Description
The provisions of this paragraph are without prejudice to the provisions of the previous paragraph. The Company has taken all reasonable precautions and exercised all due diligence to ensure the authenticity of the Goods Where the Goods do not match their description or the authenticity of the Goods is called into question the Company accepts no liability if the Company has reasonably relied on information supplied to it regarding the same, or as a result of an accident, or by some other cause outside of the Company's control. In the case of any dispute between the Company and the Customer as to the authenticity of the Goods the Company shall be at liberty to instruct an expert as it shall in its reasonable discretion appoint. The decision of the expert shall be final and binding on the parties. 

7. Variation
Any variations to these conditions shall not be binding on the Company unless the Managing Director of the Company signs the varied Agreement. 

8. Time not of the essence
Time shall not be of the essence of this Agreement. The Company shall accept no liability for the delay in the delivery of the goods if the delay is occasioned by any cause beyond the Company's reasonable control. 

9. Force Majeure
The Company Ltd is not to be liable to the Customer for any loss by the Customer caused by the Company's failure of to observe the terms and conditions of this agreement on the Company's part including the failure of it to supply or delay in supplying any goods to be supplied by the Company to the Customer if the failure is occasioned by any cause beyond the Company's reasonable the Company's control, whether on account of any supplier of the Company varying or discontinuing any supply, or for any other cause whatsoever, including lock-out, trade dispute, strikes, war, insurrection, fire, flood, earthquake, the unavailability of materials or similar cause. 

10. Retention of Title
(0.1) The Goods shall be at the Customer's risk as from delivery.
(0.2) In spite of delivery having been made, property in the Goods shall not pass from the Company until the Customer has paid the Price plus VAT in full, and no other sums whatever are due from the Customer to the Company.
(0.3) Until property in the Goods passes to the Customer in accordance with this clause, the Customer shall hold the Goods and each of them on a fiduciary basis as bailee for the Company. The Customer must store the Goods, at no cost to the Company, separately from all other goods in his property.
(0.4) If the Customer sells the Goods to a third party before the property has passed to the Customer the proceeds of sale are to be held on trust for the Company and are to be repaid to the Company immediately. (0.5) Until such time as property in the Goods passes from the Company, the Customer shall upon request return the Goods to the Company. If the Customer fails to do so the Company may enter upon any premises owned occupied or controlled by the Customer where the Goods are situated and repossess the Goods.
(0.6) The Customer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods that are the property of the Company.
(0.7) The Customer must insure the Goods and keep them insured to their full price against all risks as would be reasonably comprised within the terms of a comprehensive insurance policy to the reasonable satisfaction of the Company, until the date that property in the Goods passes from the Company. 

11. Termination/Return of Goods
This Agreement may only be terminated in one of the following circumstances, upon which the Goods may be exchanged or a credit note valid for 6 months from the date of issue will be issued at the option of the Customer:(a)  By mutual agreement of the Company and the Customer, without prejudice to the right of the Company to forfeit the deposit, and the Company reserves the right to charge a re-stocking and administration fee of 15% of the invoice total and deduct it from the credit note.(b) In accordance with clause 5, the Customer may terminate the Agreement within 24 hours after being informed by the Company that it cannot remedy any patent defects discovered on delivery, and the deposit shall be returned to the Customer(c)  In accordance with clause 5, the Customer may terminate the Agreement within 24 hours of deemed acceptance if the Goods are not authentic and  the miss-description of the Goods is due to the wilful neglect of the  Company and deposit shall be returned to the Customer. Such termination will be in full and final settlement of any claim and the Customer shall not be liable to claim any other compensation.(d)  The Company may terminate the Agreement if, prior to the final monies being paid to the Company, the Customer becomes insolvent whether the Customer is a company or an individual, or the case of an individual, dies, then the Company reserves the right to terminate the Agreement without prejudice to any other rights accruing to the Company under the Agreement. 

12. Third Party Rights
The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement. 

13. Jurisdiction
These Terms and Conditions and any contract concluded thereto shall be construed in all respects according to the laws of England and any arbitration or litigation arising under any such contract shall be determined in England.

14. Entire Agreement
These Conditions shall override any terms and conditions stipulated, incorporated or referred to by the Customer whether in the order or in any negotiations preceding the formation of the contract. In the event of the Customer's conditions containing a clause which is inconsistent with or which purports to exclude these Terms and Conditions or which purports to vary the Terms and Conditions such clauses shall be of no effect and these Terms and Conditions shall prevail. 

15. Statutory Rights
Your statutory rights remain unaffected