Terms and Conditions
1. PRICES
The prices applicable are as per shown. All prices quoted are subject
to Value Added Tax at the standard rate as and when applicable.
Up Up & Away reserve the right to alter prices at any time before
the delivery of goods and upon any such alteration being communicated
to the customer, the Customer shall be bound to pay the altered
prices.
2. PAYMENT
Payment for goods shall be prior to dispatch. Payment shall be deemed
not to have been made until cleared funds for the full amount have
been received by Up Up & Away.
3. DELIVERY
Any specified delivery dates are estimates only and Up Up & Away
will not be liable for failure to meet these estimated dates. All
claims for delivery shortages and damages must be made in writing
to Up Up & Away, and the carriers within five days of delivery.
We reserve the right to complete orders with similar goods if those
required are out of stock, unless specifically agreed to the contrary.
4. RETENTION OF TITLE For the purpose of Section 17(1) of
the Sale of Goods Act 1979 the property in the Goods shall be transferred
to the customer upon and only upon receipt by Up Up & Away of full
payment of the price of the goods and of all other sums due to Up
Up & Away from the Customer from time to time. Accordingly prior
to such transfer of title the Customer shall have no right to re-sell,
process, mix, alter or otherwise make use of or deal with the Goods
accordingly prior to such transfer of title shall store the Goods
and in such a way that they are identifiable as the property of
Up Up & Away. At any time until transfer of title (and without prejudice
to any other remedies) Up Up & Away or its agents shall be entitled
immediately after giving notice of its intention to do so to enter
upon the premises of the Customer with such transport as may be
necessary and repossess any Goods to which it has title hereunder.
5. FORCE
MAJEURE Up Up & Away shall not be liable in any way for loss
or damage arising directly or indirectly, as a result of delivery
of the goods being prevented or delayed beyond the control of Up
Up & Away or any acts of third parties and in these circumstances
Up Up & Away expressly reserve the right to cancel or suspend the
whole or any part of the order.
6. GENERAL
LIEN Up Up & Away shall a general lien over any Goods or chattels
of Customer in Up Up & Aways possession for monies whatsoever due
from the Customer to the Supplier, which will become exercisable
14 days after such monies become due.
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