2. CANCELLATION: On orders which require delivery within 12 weeks of order date, no cancellation allowed, your goods will go into production immediately. On orders which require delivery after 12 weeks of order date, you have 10 working days from the order date to cancel. After such time no cancellation is allowed.
All silk, cottons and woollens used in Sula Clothing are hand produced. Sligh variations in colous and weave irregularities are normal and will not consitute grounds for rejection of goods.
3. DELAYS IN DELIVERY: Seller shall not be liable for the delay or failure to fill all or any portion of this order, if such delay or failure is occasioned by fire, casualty, acts of God, strikes or other labour disputes, inability to obtain necessary materials or supplies at current prices, lawful rules, regulations or orders of court or government authority, delays or unavailabilty of transportation, shortage of energy or fuel, or any other cause whether or not similar to the foregoing which is beyond reasonable control of the seller.
4. DELIVERY IN INSALLMENTS: Seller reserves the right to make shpments in installments. Each installment may be seperately invoiced and shall be paid when due, without regard to subsequent shipments. Seller may in addition to its other rights and remedies, defer shipments or deliveries in the event the buyer shall fail to make any payments due to the seller.
5. PRICES: Seller may increase the price of goods ordered herein in the event of increases in cost of production or marketing or the event of general advance by seller in the price of such products to like purchases. Seller shall effect such increase by giving written notice thereof to buyer and unless buyer shall within fourteen (14) days after the receipt of such notice notify the seller of buyers dissent, then the seller shall have the option exercisable by the giving of written notice to buyer, to terminate its obligations to ship further goods hereunder.
6. BUYERS REPRESENTATION: Buyer represents and warrants that buyer is now, and at the time of delivery of the goods will be solvent. As used herein solvent means that buyers assets exceed its liabilities and that buyer is able to pay debts as they become due. Seller shall retain the title to the goods described in this order until full purchase price has been paid.
7. SELLERS WARRANTY: All silks, cottons and woollens used in Sula Clothing are hand produced. Slight variations in colour and weave irregularities are normal and will not constitute grounds for dective materials.
Seller warrants that the goods to be supplied hereunder will conform to the description on the face hereof and that the seller will convey good title thereto buyer free of all liens and encumbrances. Seller further warrants the goods to be free of defects of workmanship or materials. The foregoing is sellers sole warranty with respect of the goods. Seller makes no other warranty, express or implied and all other warranties are disclaimed by the seller. Seller shall not be liable for any incidental or consequential damages for any breach of warranty. Sellers obligation with respect to defective goods is limited to replacement thereof with the conforming goods or sellers option to refund of the purchase price withour further responsibility.
8. INSPECTION: Buyer shall inspect goods upon receipt. Failure to inspect within five (5) days after receipt shall constitute a waiver of buyers right to inspection and shall constitute an acceptance of the goods. All claims for defects shall be deemed waived unless made in writing said five day period. No credits or deductions will be allowed by seller as to claims made after said period and no returns will be authorised unless request is made within said period stating the nature of the defect or nonconformance.
9. INTEREST: For 30 days credit and net 30 days payment terms, payment for the goods will be delinquent if not received by the seller by the end of the month following the month in which the shipment is made. Delinquent accounts shall bear interest at the rate of 8% over the Bank of England interest rate per day (but not in excess of the maximum rate allowed by law) unitl paid.
9. SOLICITORS FEES: Buyer shall pay reasonable solicitors fees to seller in the event seller shall engage a solicitor to enforce collection of sums due to seller hereunder or to enforce, protect or defend sellers right hereunder.
10. LAW GOVERNING: This sales order shall be construed and enforced in accordance with the UK laws.
11. ENTIRE AGREEMENT: This sales order contains the complete and final agreement between buyer and seller. There are no understanding or warranties except as set forth herein. No other agreement in any way modifying any of the terms and conditions hereof will be binding upon seller unless made in writing and signed by an officer of the seller.
12. PROPERTY RIGHTS: All goods remain the property of the seller until they are paid for in full.