Terms & Conditions
1. Robert Kime Ltd warrants that all Items supplied by them and their duly authorised agents and sub-contractors are free from defects for 12 months from the date of supply and that they and their duly authorised agents and sub-contractors use all reasonable skill and expertise in the identification and description of Items. This warranty does not affect the statutory rights of the Client.
2. The above warranty does not apply to any defect in or affecting the Items arising from fair wear and tear, wilful damage, accident, negligence by the Client or any third party, use otherwise than as recommended by Robert Kime Ltd or their authorised agents and sub-contractors, failure to follow their instructions, or any alteration or repair carried out without their approval.
3. If the Items develop any defect while under warranty, or the Client has any other complaint about the Items, the Client should notify Robert Kime Ltd in writing.
4. The Client warrants that he has not relied on any representations made by or on behalf of Robert Kime Ltd as to any descriptions, illustrations or specifications of the Items contained in the catalogues, web site or publicity material produced by or on behalf of Robert Kime Ltd, all of which are only intended to convey a general idea of the Items mentioned in them.
5. Notwithstanding delivery and the passing of risk in the Items (including any instalment of the Items or any part of them) the ownership of the Items shall not pass to the Client until Robert Kime Ltd has received cash or cleared funds payment in full of the price for the Items and all other sums which are or become due and payable by the Client to Robert Kime Ltd from the Client on any account.
6. Until such time as the ownership of the Items has passed to the Client, the Client shall:
- (a) Hold the Items on a fiduciary basis as bailee for Robert Kime Ltd
- (b) Keep the Items separate from all other items of the Client or any third party in such a way that they remain readily identifiable as the property of Robert Kime Ltd
- (c) Keep the Items properly stored protected and insured on behalf of Robert Kime Ltd for their full price against all risks, which a prudent house owner would insure
- (d) Not destroy, deface or obscure any identifying mark on the Items.
7. The Client shall be entitled to resell the Items before ownership has passed to him solely on the following conditions:
- (a) Any sale shall be at full market value and
- (b) Any such sale shall be a sale of Robert Kime Ltd property on the Client's own behalf and the Client shall deal as principal when making such a sale.
8. Until such time as the property in the Items passes to the Client (and provided the Items are still in existence and have not been resold) the Client grants Robert Kime Ltd and their duly authorised agents and sub-contractors an irrevocable licence at any time to enter any premises where the Items are or may be stored in order to inspect them, or, where the Client's right to possession is terminated, to recover them.
9. Robert Kime Ltd shall be entitled to recover payment for the Items notwithstanding the ownership of any of the Items as not passed from Robert Kime Ltd.
10. The Client shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Items which remain the property of Robert Kime Ltd but if the Client does so all monies owing by the Client to Robert Kime Ltd shall (without prejudice to any other right or remedy of Robert Kime Ltd) forthwith become due and payable.
11. The Client's right to possession of the Items shall terminate immediately if:
- (a) The Client has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being enforced for the relief of insolvent debtors.
- (b) The Client suffers or allows any execution, whether legal or equitable, to be levied on his property or obtained against him, or fails to observe or perform any of his obligations under the Contract or any other contract between Robert Kime Ltd and the Client, or is enabled to pay his debts within the meaning of Section 123 of the Insolvency Act 1986.
