b'ASCOTerms & Conditions6.5.5 ceases, threatens to cease trade or if the Company shall reasonably7.4.2 the Goods are sold by the Purchaser such sale or sales shall be deemed doubt the solvency of the Purchaser; to be on behalf of the Company but without imposing any liability Then (without prejudice to any other right or remedy available to it) theon the Company to the sub-purchaser, shall hold such part of the Company reserves the right to stop delivery or performance under anyproceeds of sale to rights arising therefrom against the sub-purchaser contract and performance by the Company will only recommence onceas this represents sum due to the Company for such Goods as trustee payment in full has been made by the Purchaser for all outstandingfor the Company and the Purchaser shall keep such part of the monies amounts due to the Company and on completion of the Purchasersfrom the proceeds of sale separated from other monies to the account obligations hereunder. If the Company exercises its said rights, anyof the Company accordingly.Goods to be delivered to the Purchaser will be under strict pro-forma7.5 If payment of the price of the Goods or any part of its overdue or if it invoice terms. Payment will be due on presentation by the Companyappears to the Company that the Purchaser is or may be insolvent of a proforma invoice to the Purchaser. The Company shall not be heldthe Company may require the Purchaser to deliver up the Goods to liable for any loss or damage of any type suffered by the Purchaser asthe Company and if the Purchaser fails to do so then the Purchaser a result of application of this condition nor shall it be the reason for theshall permit the Company to recover and resell the Goods and by its cancellation by the Purchaser of this or any other contract which shallservants or agents entering the Purchasers premises where the Goods at the Companys choice remain open in full force and effect. are stored or situated for that purpose.6.6 The Company may levy interest at the rate prescribed in The Late7.6 The Purchaser shall not be entitled to pledge or charge by way of Payment of Commercial Debts (Interest) Act 1998 amended tosecurity any indebtedness on any of the Goods which remain the incorporate features of the European Directive 2000/35/EC. For theproperty of the Company but if the Purchaser does so or purports to avoidance of doubt this stands at 8% above the reference rate. Interestdo so all monies owed by the Purchaser to the Company shall without is chargeable on overdue amounts and/or any delivery not taken by theprejudice to any other right or remedy of the Company herewith Purchaser. become due and payable immediately. 6.7 Notwithstanding that credit may have been given to the Purchaser8. DAMAGED AND MISSING ITEMSunder the Contract, the Company shall in its discretion be entitledThe Company will only accept liability forto retain possession of the Goods, any or all Goods, supplied until8.1.1 damage to the Goods or missing Goods is notified to the Company payment has been received in full from the Purchaser for all Goodswith 48 working hours of receipt of delivery by the Purchaser. This is supplied by the Company. Without prejudice to any other right therelevant if the goods are delivered via the Companys own transport.Company may have, the Company shall be entitled to exercise general lien or right to retention on all Goods in the Companys possession8.1.2 damage to the Goods or missing Goods is notified to the Company which are intended to become the Purchasers property in regard ofwith 48 working hours of receipt of delivery by the Purchaser. This is all monies (including all debt damages and/or other sums) due to therelevant if the Goods are delivered via third party transport.Company under any contract whatsoever between the Company and8.1.3 non-arrival of Goods as a whole delivery must be notified to the the Purchaser. Pursuant to such lien or right the Company shall beCompany with 48 working hours of expected delivery date. The entitled, without notice to the Purchaser, to sell all or any such GoodsCompany is liable only for the value of the Goods as sold to the in any manner and to keep the proceeds in diminution of such moniesPurchaser and the Purchaser indemnifies the Company from any other owed and of all costs and expenses incurred in effecting such sale. losses or damage incurred.6.8 Payment shall be made at a nominated branch of the Companys bankers in the UK in Pounds Sterling or any other such currency as the9 FORCE MAJEURE - The Company is relinquished without recourse Company directs of all its obligations to the Purchaser under any outstanding contracts in the event of force majeure which are beyond the Companys control. 7. PROPERTY AND RISK IN GOODS Examples would include but not be limited to Acts of God, War, 7.1 Risk in the Goods shall pass immediately to the Purchaser on deliveryinvasion, hostilities, strikes, changes in law etc.to the Purchaser or to anybody on the Purchasers behalf, whichever is10.WAIVERAny waiver, forebearance or failure by the Company in the sooner. insisting in any one or more incidences upon the performance of these 7.2 Notwithstanding delivery and the transfer of risk, the Goods shallconditions shall not be construed as a waiver or relinquishment of remain the absolute property of the Company (which reserves the rightthe Companys right to future performance of such condition and the to dispose of them) until the Company has received the full price for thePurchasers obligations in respect of such future performance shall Goods and the full price for any other Goods for which payment is duecontinue in full force and effect.from the Purchaser on or before payment of the price of the Goods.7.3 Until the property in the Goods passes from the Company to the11. NO SET OFF - Any payment made by the Purchaser to the Company Purchaser, the relationship between the parties is that of bailor andwill be made in full and without set off or deduction therefrom or any bailee and the Purchaser shall store the Goods in such a way that theycounter claim or claim to a lien thereover however the same may arise.are readily identifiable as the property of the Company. 12. CONTRACT LAW - The conditions and any Contract hereunder will 7.4 If before the property in the Goods passes to the Purchaser; be governed and construed by English Law and the Company and the 7.4.1 the Goods are altered or other Goods become attached to the Goods orPurchaser surrender to the exclusive jurisdiction of the English Courts if any part of the Goods is replaced, such other Goods or replacementin respect of any dispute or claim or matter arising under such contract parts shall form part of the Goods and such attachment and placementor other conditions contained.shall not affect the Companys title as absolute owners of the Goods.Unit 7 & 8 Amersham Commercial Park, Raans Road, Amersham, Bucks, HP6 6FT, UK100 To order:-Tel: 01494 434 953Email: sales@ascofoods.com'