Buckler Boots Limited (SC182006)(“Buckler Boots”)
Terms of trading
1. Carriage charges to dealers premises
Orders over £300 are Carriage Paid. Orders below £300 are subject to a £8.50 carriage/packing charge. This applies to all UK destinations, including Northern Ireland and most Offshore Islands. Shipments to Channel Islands, Isle of Man, Republic of Ireland and all other export markets are charged at cost.
2. Claims for non delivery or damage
Damages must be notified in writing within 3 days of receipt of goods. Claims for non - delivery must be notified to us within 14 days of invoice date.
3. Value added tax
Unless otherwise stated, all prices are subject to VAT at the standard rate. In the UK, safety boots (6 inches or more in total height) do not attract VAT. Safety shoes, non-safety footwear and clothing attract VAT at the standard rate.
4. Price increases
Every endeavour is made to inform customers in advance of a change of prices. However, orders are accepted only on the basis that the price charged will be that ruling at the date of despatch of goods.
5. Settlement terms - nett monthly
Strictly 30 Days Nett from Date of Invoice. Prompt payment is an essential part of the contract. Overdue accounts will be charged at an interest rate of 2% per month.
6. Title and Risk
6.1 The risk in the goods shall pass to the customer on delivery or deemed delivery.
6.2 Title to the goods shall not pass to the customer until the earlier of (i) Buckler Boots receives payment in full (in cash or cleared funds) for the goods and any other goods that Buckler Boots has supplied to the customer in respect of which payment has become due, in which case title to the goods shall pass at the time of payment of all such sums and (ii) the customer resells the goods, in which case title to the goods shall pass to the customer at the time specified in clause 6.4.
6.3 Until title to the goods has passed to the customer, the customer shall:
6.3.1 store the good separately from all other goods held by the customer so that they remain readily identifiable as Buckler Boot’s property;
6.3.2 not remove, deface or obscure any identifying mark or packaging on or relating to the goods;
6.3.3 maintain the goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery or deemed delivery;
6.3.4 notify Buckler Boots immediately if it becomes subject to any of the events listed in clause 6.7; and
6.3.5 give Buckler Boots such information relating to the goods as Buckler Boots may require from time to time.
6.4 Subject to clause 6.5, the customer may resell or use the goods in the ordinary course of its business (but not otherwise) before Buckler Boots receives payment for the goods. However, if the customer resells the goods before that time:
6.4.1 it does so as principal and not as Buckler Boot’s agent; and
6.4.2 title to the goods shall pass from Buckler Boots to the customer immediately before the time at which resale by the customer occurs.
6.5 If before title to the goods passes to the customer, the customer becomes subject to any of the events listed in clause 6.7, then, without limiting any other right or remedy Buckler Boots may have:
6.5.1 the customer's right to resell the goods or use them in the ordinary course of its business ceases immediately; and
6.5.2 Buckler Boots may at any time:
18.104.22.168 require the customer to deliver up all goods in its possession which have not been resold; and
22.214.171.124 if the customer fails to do so promptly, enter any premises of the customer or of any third party where the goods are stored in order to recover them.
6.6 Buckler Boots may at any time after delivery elect to transfer title in the goods to the customer, in which case the customer shall immediately pay Buckler Boots in full for such goods.
6.7.1 the customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
6.7.2 the customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
6.7.3 a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the customer, other than for the sole purpose of a scheme for a solvent amalgamation of the customer with one or more other companies or the solvent reconstruction of the customer;
6.7.4 an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the customer;
6.7.5. the holder of a qualifying floating charge over the customer's assets has become entitled to appoint or has appointed an administrative receiver;
6.7.6 a person becomes entitled to appoint a receiver over the customer's assets or a receiver is appointed over the customer's assets;
6.7.7 a creditor or encumbrancer of the customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 21 days;
6.7.8 any event occurs, or proceeding is taken, with respect to the customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 6.7.1 to 6.7.6 (inclusive);
6.7.9 the customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;
6.7.10 the customer's financial position deteriorates to such an extent that in Buckler Boot's opinion the customer's capability to adequately fulfil its obligations to pay the price to Buckler Boots for the goods has been placed in jeopardy.
7. Return of unsold or used items
Items cannot be returned without authorisation from Buckler Boots. Unsold items which are not in factory condition for re-sale will be subject to a £4.00 handling/cleaning packaging and labelling charge per item. Credit notes for goods surplus to customers requirements for any reason other than an error on Buckler Boots’ part will only be issued with a reference to a compensating order of a value in excess of the goods being returned. No carriage charge will be accepted by Buckler Boots without prior approval for return of non faulty goods. Discontinued or obsolete products will not be accepted for credit.
Every attempt will be made to replace faulty items with a like for like replacement free of charge. In the event that this is not possible, a credit will be issued. In all other respects credits will only be issued at the discretion of Buckler Boots.
9. Debt collection charges
We reserve the right to recover all legal fees and outlays incurred in the course of collecting payment of any overdue account.
If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.
11. Intellectual Property
11.1 Customers wishing to sell Buckler Boots products online may request permission to use the digital images of the goods belonging to Buckler Boots (the “Images”) on their website. Buckler Boots may grant such permission (the “Licence”) in the following circumstances:
a. With written permission from Buckler Boots; or
b. When the customer has been selling Buckler Boots products for a minimum of three months from stock held at publicly accessible retail premises.
11.2 Buckler Boots may terminate the Licence for the customer’s use of the Images at any time at the sole discretion of Buckler Boots. In the event Buckler Boots terminates the Licence the customer will immediately stop all use of the Images and remove the Images from all its online platforms (including but not limited to the customer’s website and social media accounts).
11.3 The copyright in all Images shall belong to Buckler Boots at all times.
11.4 The customer shall not modify the Images in any way. The customer shall not compress or otherwise reduce the quality of the Images.
11.5 In the event the Buckler Boots updates any of the Images, the customer shall ensure that the updated Image only is used in relation to the relevant goods.
11.6 Buckler Boots may terminate the Licence in relation to any specific, individual Image without affecting the Licence in relation to any other Image.
11.7 Unauthorised or improper use of the Images, or failure to comply with this clause 11, may result in the withdrawal of the supply of goods from Buckler Boots.
12. Authorised Distribution
For the purposes of this clause 12, “Authorised Distributor” means any entity, whether retail or wholesale, which has entered into a direct agreement with Buckler Boots for the sale of products.
12.1 The customer acknowledges that Buckler Boots only supplies products to Authorised Distributors in order to preserve quality, consistency, end-user experience and brand image. In order to achieve this, Buckler Boots requires that the customer, in its capacity as an Authorised Distributor, adheres to certain standards and agrees to certain conditions. These standards and conditions are set out below:
a. The customer agrees that it will make best efforts to sell Buckler Boots products to end-users and other Authorised Distributors through retail or wholesale channels, as appropriate.
b. The customer agrees that it will not engage in active sales to any person or company who is not an end-user or another Authorised Distributor.