DAC Childcare Training
Terms & Conditions of Supply of Goods & Services.
Issued: September 2007
General
The terms and conditions set out in this docuemnt supercede
any and all other agreements in the supply of goods and services, including
contract, renegotiated contract, dissolution of contract et al. The law
governing all agreements made with DAC Childcare Training shall be that of England and
Wales.
Unless otherwise agreed, the cost of all goods or services supplied will be paid in full before supply.
In line with the UK Government's late payment legislation,
a late payment charge of 8% above the current Bank of England interest
rate shall be calculated and added monthly to any outstanding balance..
Passing of Property
The property in the goods shall not pass to the buyer until
payment has been received by DAC Childcare Training in full for the goods and for any
other goods supplied by DAC Childcare Training or any associated company of DAC Childcare Training
to the buyer.
For the purpose of this clause the buyer undertakes that
until he or she has made payment:
- not to remove, deface or cover up any identification marks on the
goods or marks indicating that the goods are the property of DAC Childcare Training;
- to store the goods separately from those belonging to the buyer
or others;
- to allow DAC Childcare Training unrestricted access to the buyer’s Works or other
place where the goods are stored for the purpose of removal of the
goods.
Expertise, Intellectual Property and Materials
All expertise, intellectual property or materials produced
or used by DAC Childcare Training in performing the contract on behalf of the customer
shall remain the sole property of DAC Childcare Training.
Passing of Risk
The risk in the goods shall pass to the buyer on delivery.
If delivery is to be made to a carrier for onward transmission
to the buyer, then unless otherwise instructed by the buyer, DAC Childcare Training
will arrange for the benefit of the buyer, insurance of the goods on the
basis of carrier’s risk. The premium for such insurance shall be added
to the contract price and paid for by the buyer.
Retention of Title
All goods and/or parts used by DAC Childcare Training in performing the
contract on behalf of the customer, shall be, and shall remain, both legally
and equitably, the property of DAC Childcare Training until such time as the invoice
price has been paid in full by the customer. Further, DAC Childcare Training shall be
entitled to enter onto the customer’s premises at all reasonable times
for the purposes of removing such goods and/or parts should the customer
default in payment.
DAC Childcare Training herein shall retain a specific, as well as a general
lien, over goods upon which DAC Childcare Training has performed services, at the specific
request of the buyer as security for monies owing to DAC Childcare Training by the buyer
whether on this or any other contract between the parties. In the event
of an invoice submitted to the buyer, by DAC Childcare Training, remaining unpaid for
a period of three months, DAC Childcare Training shall exercise his right to sell the
said goods under the aforesaid lien and to apply the proceeds of such
sale in satisfaction or reduction of such invoice amount.’
Promotional
DAC Childcare Training shall be allowed to make reference, including text
and imagery, in promotional or marketing material to goods or services
supplied.
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