Williams & Partners
Valuation and Insolvency Agents

Tel: 020 3195 1405

Conditions of Sale

Please note that all bids and purchase are subject to the Terms and Conditions contained herein: –

In these Terms the masculine shall include the feminine and reference to the singular shall include the plural

Clause 1: All sales are final, on an ‘as seen and where lying’ basis or, where the item(s) purchased have not been seen on a ‘caveat emptor’ (buyer beware) basis, with all faults and with no conditions or warranties, whether express or implied, statutory or otherwise, including without limitation, warranties or conditions as to title

Clause 2: The legal title to the Goods shall pass to You (the Buyer) only when Williams & Partners (the Seller) has received the total price and any other sums due to the Seller from the Buyer in respect of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is due in cleared funds

Clause 3: The Buyer acknowledges that the Buyer is in possession of the Goods solely as bailee and fiduciary agent for the Seller until such time as the Seller has received payment in accordance with Clause 2 above and until such time the Buyer shall keep the Goods separated from any other goods of the Buyer and/or third parties and shall properly store, protect, insure and identify the Goods as the Sellers property, but the Buyer shall be entitled to resell the Goods in the ordinary course of its business

Clause 4: Until such time as the title to the Goods passes to the Buyer, the Buyer shall account to the Seller for the whole of any proceeds of the sale or otherwise for the Goods, whether tangible or intangible, including insurance proceeds and shall keep all such proceeds separate from any monies or property of the Buyer and/or third parties and in the case of tangible proceeds, properly stored, protected and insured

Clause 5: Until such time as title to the Goods passes to the Buyer (and provided the Goods are still in existence and have not been resold), the Seller shall be entitled at any time to enter the premises of the Buyer and/or third party where the Goods are stored and repossess the Goods

Clause 6: The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Seller, but if the Buyer does so all moneys owing by the Buyer to the Seller shall (without prejudice to any other right of the Seller) immediately become due and payable

Clause 7: If the Buyer has not received the proceeds of any sale of the Goods it will, if called upon so to do by the Seller, within 7 days, assign to the Seller all rights against the person or persons to whom it has sold the Goods

Clause 8: The Seller shall be entitled to maintain an action for the price of any Goods despite the fact that title in them has not passed to the Buyer

Clause 9: The Seller shall not be responsible for any loss, damage or injury whether accidental or otherwise (not arising out of the Seller’s negligence) which may be suffered by any person as a result of any sale

Clause 10: The Buyer will be charged Value Added Tax at the current rates on the amount of their purchases, except in the case of export sales where the foreign company’s VAT number and details will be required at the time of invoicing

Clause 11: Risk in the Goods shall pass to the Buyer (a) when the Goods are delivered at the Seller’s premises, at the time notified by the Seller to the Buyer that the Goods are available for collection or (b) when the Goods are delivered other than to the Seller’s premises, at the time of delivery or, if the Buyer wrongly fails to take delivery of the Goods, at the time when the Seller has tendered delivery of the Goods

Clause 12: Each Clause 1 to 12 above shall be construed and receive effect as a separate clause and accordingly if any provision or term shall be declared illegal, invalid or unenforceable for any reason whatsoever (including, without limit, any failure to register the same as a charge with the Registrar of Companies) such term or provision shall be deemed to be deleted and the remaining provisions and terms shall remain in full force and effect