Terms and Conditions

---

All orders are subject to the availability of goods from our suppliers. We reserve the right to ensure safe arrival.

Returns are only accepted with prior agreement. The buyer has the right to inspect the goods, and any claims for damaged goods must be notified to us in writing (email acceptable) within 24 hours of delivery. The buyer must specify the basis of the claim in detail. Failure to comply will constitute irrevocable acceptance of the goods by the buyer.

All goods must be signed for upon receipt of delivery. Claims for shortages must be made at the time of delivery by noting them on the delivery or release note and notified to us within 12 hours. 

All prices are as per the contract agreement. 

Payment terms are as per the contract agreement. In the event of an overdue invoice, we reserve the right to withhold further supplies. We reserve the right to claim further damages. Should any payment be refused or returned from the bank, any bank charges incurred will be debited to the customer's account. In accordance with the Late Payment of Commercial Debts (Interest) Act 1988, we reserve the right to charge interest at the Bank of England base rate plus 8% on all overdue invoices. Acceptance of any sales order confirmation signifies acceptance of these terms and conditions of sale by the customer. Any deterioration in the client’s solvency or non-compliance with agreed payment terms gives us the right to change payment terms. We reserve the right to offset any monies due to the customer against all monies due by the customer to us. 

All risk in the goods passes to the purchaser upon delivery or release. Ownership of the goods remains with us until payment is received in full. 

The buyer agrees to indemnify us against third-party claims on any grounds whatsoever in connection with the goods delivered by us, particularly on grounds of personal injury or death. 

In the event of force majeure, a non-imputable failure in fulfilling our obligations, we may, without liability, delay or postpone performance or cancel this contract. Force majeure events include but are not limited to, strikes, acts of God, political unrest, terrorism, embargo, failure of source of supply, or casualty. 

a) We reserve the right to pursue all overdue invoices by whatever legal means necessary, including passing the debt to a Debt Recovery Service or by any other appropriate means, without prior reference to the debtor, including the right to offset monies due to the debtor against monies due by them to us.

b) These terms and conditions govern the contract. Any variations should be agreed in writing between us and the customer. This contract is exclusively governed by the provisions of English Law and any dispute where necessary is to be dealt with in the courts of England.

c) If we do not insist upon or enforce strict performance of any provision of the contract, this shall not mean that we waive our rights under that provision. 

Our liability for indemnification for property damages and financial losses is limited to the value of the goods. 

Any claims by the client presuppose that the client has fulfilled all necessary obligations as required per the current pertaining law of the courts of England. Claims must be agreed upon and finalized with us and formal notification in writing within timescales as laid down by our claims procedure. 

By placing an order or continuing to work with Earth Trade Solutions Limited, you accept the above terms and conditions.