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Conditions Of Sale

  1. 1. Every sale by Fridays Limited (“Fridays”) is subject to these Conditions unless agreed otherwise in writing by a director of Fridays.
  2. 2 Payment:
    1. 2.1 In these Conditions “credit period” means a period of seven days from the date of delivery or collection by the Buyer from Fridays’ premises or such alternative
      credit period as may have been agreed in writing between the parties.
    2. 2.2 All invoices must be paid within the credit period. Time of payment is of the essence.
    3. 2.3 All invoices shall be paid without deduction whether by way of set off, counterclaim, discount, abatement or otherwise except for agreed overpayments and credits which have been given.
    4. 2.4 Notwithstanding appropriation by the Buyer of a payment to a particular invoice Fridays may appropriate any payment made against amounts owing by the Buyer to Fridays in respect of earlier unpaid invoices. For the purposes of this clause reference to “Fridays” or “the Buyer” includes any subsidiary or holding company of Fridays or the Buyer respectively.
    5. 2.5 If for any reason an invoice is unpaid at the expiry of the credit period Fridays reserves the following rights:
      1. 2.5.1 To despatch immediately invoices for any goods to be supplied under orders placed but not yet fulfilled.
      2. 2.5.2 To claim immediate payment of all invoices despatched including those within the credit period even if delivery has not taken place and the property in any goods has not passed to the Buyer.
      3. 2.5.3 To suspend delivery of goods.
      4. 2.5.4 To be paid on an indemnity basis any costs Fridays incurs in recovering any money due (and the costs of recovering such costs) including Fridays’ administrative costs (including staff time and overheads) and costs incurred with lawyers or debt collection agencies. In calculating administrative costs credit will be given for any compensation due under the Late Payment of Commercial Debts (Interest) Act 1998.
      5. 2.5.5 To claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before.
      6. 2.5.6 Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it.
      7. 2.5.7 The exercise of all or any of the above rights shall be without prejudice to Fridays’ right to accept the repudiation of the contract arising from the failure to pay any invoice by the due date and shall not act as a waiver of that right.
  3. 3. Title in the goods shall, notwithstanding delivery and acceptance by the Buyer, not pass to the Buyer until payment has been made in full to Fridays for the goods. Until full payment has been made, legal, equitable and beneficial ownership in the goods remains with Fridays.
  4. 4. The Buyer is deemed to have accepted the goods on delivery to the Buyer’s premises or on collection by the Buyer from Fridays’ premises unless advice of damage or shortages is made on or within four business hours of delivery or collection. “Business Hours” are between the hours of 8.30am and 5.30pm on Mondays to Fridays exclusive of Bank Holidays.
  5. 5. Liability:
    1. 5.1 Where goods supplied by Fridays are found not to be within their agreed product specifications at the point of supply Fridays will at its option replace the goods or refund to the Buyer the invoice value of those goods.
    2. 5.2 Except as set out at 5.1 above and to the fullest extent allowed by law Fridays excludes liability for losses of the Buyer of any kind, no matter whether direct or indirect and no matter whether arising from quality, description, failure to meet specification, delay, non-delivery or non-availability of goods.