Terms & Conditions

459 Terms & Conditions of Sale Continued the Buyer the notice specified in Section 32(3) of that Act. 4. RISK AND TITLE 4.1 Risk shall pass to the Buyer (so that the Buyer is then responsible for all loss or deterioration of the goods or for any damage occurring):- 4.1.1 if Mila is responsible for delivering or arranging for delivery of the goods, at the time when the goods arrive at the place for delivery (whether or not delivery is possible); or 4.1.2 in all other circumstances, at the time when the goods leave the premises of Mila. 4.2 The goods shall remain the sole and absolute property of Mila as legal and equitable owner until such time as all sums due to Mila from the Buyer, whether in respect of the goods or other goods or services, have been paid in full. 4.3 Mila may recover goods in respect of which title has not passed to the Buyer at any time and the Buyer irrevocably licences Mila, its officers, employees and agents to enter upon any premises of the Buyer, with or without vehicles, for the purpose either of satisfying itself that Condition 4.4 below is being complied with by the Buyer or of recovering any goods in respect of which title has not passed to the Buyer. 4.4 Until title to the goods has passed to the Buyer under these conditions it shall possess the goods as fiduciary agent and bailee of Mila. The Buyer shall store the goods separately from other goods and shall ensure that they are clearly identifiable as belonging to Mila. The Buyer shall not remove, deface or obscure any identifying mark or packaging on or relating to the goods. The Buyer shall also maintain the goods in satisfactory condition and keep them insured against all risks for their full price. During such time as the Buyer possesses the goods and prior to title passing, with Mila’s consent, the Buyer may in the normal course of its business sell or hire the goods as principal but without committing Mila to any liability to the person dealing with the Buyer but such right shall immediately cease should any of the events in Condition 14.1 apply to the Buyer. 5. PAYMENT 5.1 Unless otherwise agreed by Mila in writing, payment shall be due and payable by the end of the month following the calendar month in which the invoice is dated and shall be made without any set-off, counterclaim or deduction whatsoever. 5.2 Mila shall be entitled to submit its invoice with its delivery advice note or at any time following despatch except that where delivery has been postponed at the request of, or by the default of, the Buyer, Mila may submit its invoice at any time after the goods are ready for delivery or would have been ready in the ordinary course but for the Buyer’s request or default. 5.3 Where goods are delivered by instalments Mila may invoice each instalment separately and the Buyer shall pay such invoices in accordance with these conditions. 5.4 No disputes arising under the contract nor delays (other than delays acknowledged by Mila in writing), shall interfere with prompt payment in full by the Buyer. 5.5 If the Buyer shall default in payment, Mila shall be entitled, without prejudice to any other right or remedy, to do all or any of the following:- 5.5.1 to suspend any or all further deliveries under