a)          notified in writing on the drivers copy of the delivery note.

Subject to the above condition IFUK will accept liability for the defect in goods providing:

a)          IFUK are allowed to inspect the goods

b)         A spare parts service where you will receive any replacement parts on your next delivery.

c)          The limit of liability will at no time ever exceed the invoice price of the goods at the date that the contract of sale was entered into.

d)         Goods may not be returned once assembly or part assembly has begun

e)          Any collection of goods not notified on the drivers delivery note will incur a £70 administration fee, payable in advance.

4.         Risk/Title

a)          The goods are at your risk from the time of delivery or collection

b)         Ownership of the goods shall not pass to you until IFUK has received in full (in cash or cleared funds) all sums due to it in respect of:

i)                      the goods; and

ii)                     all other sums which are or which become due to IFUK from you on any account.

c)          Until ownership of the goods has passed to you, you shall:

i)                      hold the goods on a fiduciary basis as IFUK’s bailee;

ii)                     store the goods (at no cost to IFUK) separately from all other goods of yours or any third party in such a way that they remain readily identifiable as IFUK’s property;

iii)                    not to destroy, deface or obscure any identifying mark or packaging on or relating to the goods; and

iv)                    maintain the goods in a satisfactory condition and keep them insured on IFUK’s behalf for their full price against all risks to the reasonable satisfaction of IFUK. On request you shall produce the policy of insurance to IFUK.

d)         You may resell the goods before ownership has passed to it solely on the following conditions:

iv)                     any sale shall be effected in the ordinary course of your business at full market value; and

v)                      any such sale shall be a sale of IFUK’s property on your own behalf and you shall deal as principal when making such a sale.

e)          Your right to possession of the goods shall terminate immediately if:

i)                      you have a bankruptcy order made against you or make an arrangement or composition with your creditors, or otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being otherwise take the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) you convene a meeting of creditors (whether formal or informal), or enter into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or have a receiver and/or manager, administrator or administrative receiver appointed of your undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator or notice of intention to appoint an administrator is given by you or your directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution passed or a petition presented to any court for winding-up or for granting of an administration order in respect of you, or any proceedings are commenced relating to the insolvency or possible insolvency of you; or

vi)                     you suffer or allow any execution, whether legal or equitable, to be levied on your property or obtained against you, or fail to observe or perform any of your obligations under the contract or any other contract between IFUK and you, or are unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986 or you cease to trade; or

vii)                    you encumber or in any way charge any of the goods.

f)          IFUK shall be entitled to recover payment for the goods notwithstanding that ownership of any of the goods has not                                         

passed from IFUK.

g)         You grant IFUK, its agents and employees an irrevocable licence at any time to enter any premises where the goods

are or may be stored in order to inspect them, or, where your right to possession has terminated, to recover them.

h)         Where IFUK is unable to determine whether any goods are the goods in respect of which your right to possession has

terminated, you shall be deemed to have sold all goods of the kind sold by IFUK to you in the order in which they were invoiced to you.

i)          On termination of the contract, howsoever caused, IFUK’s (but not your) rights contained in this condition 4 shall

remain in effect.

5.         Special Bank Accounts

If, before they have been paid for in full, some or all of the goods supplied in the contract have been sold by the purchaser in the course of it’s business, the purchaser must pay the proceeds of sale into a bank account designated “IFUK unpaid accounts”. Therein the purchaser, any receiver, manager liquidator or trustee in bankruptcy of the purchaser will hold the balance in that account upon trust for IFUK.

6.         Recovery of Possession

In the event that the purchaser goes into administration, receivership, liquidation or bankruptcy, owing unpaid contract debts to IFUK, or fails to pay any invoice for goods delivered by IFUK within 7 days of receipt, IFUK have the right to;

a)          Repossess all goods supplied by IFUK whether they have been paid for or not.

b)         Take possession and sell any goods into which the goods supplied by IFUK have been incorporated, and the purchaser, for itself, its receivers, managers, liquidators or trustees in bankruptcy, grants to IFUK an irrevocable license to enter its premises for the purpose of such repossession or possession.