bombay duck 231 the vale london W3 7QS phone us +44 (0)20 8749 7000 fax us +44 (0)20 8749 9000 Account Application firstname.lastname@example.org www.bombayduck.com Trading name & registered address Buying contact Accounts contact Telephone no. Fax no. Email Website Invoice address Delivery address (please complete separate application forms if you wish to run each shop as a separate account) Type of business ltd partnership sole trader Partnership & Sole Trader private address (if applicable) Business description Date firm established Number of branches Company registration no. Telephone no. Please supply 2 trade references (preferably gift/homeware suppliers) 1.Name & address 2.Name & Address Tel no. Tel no. Fax no. Fax no. Director’s Guarantee In consideration of Bombay Duck agreeing to grant credit facilities to my company, upon whose behalf an application is being made to open a credit account, I being a Director of a company, guarantee payment of all sums due to Bombay Duck Ltd by the company. All sales will be made in accordance with Bombay Duck Ltd standard terms and conditions of sale, which I confirm and declare I have read and understood. In the event that the company is in breach of its obligations thereunder to Bombay Duck Ltd, I agree to pay Bombay Duck Ltd, on demand, all monies which may be owing by the company to Bombay Duck Ltd pursuant to those standard terms and conditions of sale. Name (print) Signature Position Date Declaration I/we request to open a credit account with Bombay Duck Ltd. I/we declare that I/we have read and understood Bombay Duck Ltd’s terms and conditions of sale and that all contacts that I/we enter into with Bombay Duck Ltd will be subject to and incorporate those terms and conditions of sale (or any reissue then currently in force) and, in particular, the terms of payment for account customers contained therein. Name (print) Signature Position Date Please keep a copy and return the original to Bombay Duck at the address above. Thank you! Company No. 02830808 VAT No. 627 111 862 Bombay Duck Terms and Conditions Orders A carriage paid order within the UK is £400 (four hundred pounds) exclusive of VAT. A minimum order is £200 (two hundred pounds) exclusive of VAT with a £12.50 carriage charge. Carriage will be charged on the first invoice only and not on back orders. The minimum cash and carry order is £100 (one hundred pounds) exclusive of VAT. We do not accept back orders in cash and carry. Accepted purchase orders are considered a binding contract. Order quantities must be in multiples of the pack size. Bombay Duck reserves the right to increase order quantities to meet the specified pack size. EC A carriage paid order within the EC is €600 (six hundred euros). A minimum order is €300 (three hundred euros) with a €20 carriage charge. Rest Of The World A minimum order is £400. Delivery to a UK address is free. Deliveries outside of the UK are charged at cost. Payment All new accounts are on a proforma basis. A Credit account may be applied for after £1,000 has been spent on a proforma basis and after receipt of a fully completed account application form and satisfactory trade references. All accounts are due for payment in full within 30 days from the date of invoice. The Company reserves the right to withdraw credit facilities from customers who do not settle their accounts in accordance with these terms and conditions of trade or for any other reason. The Company reserves the right to recoup any costs incurred should litigation be necessary in order to recover monies legitimately owed to the Company. Payment can be made by cheque, by credit card (we accept Mastercard, Visa and Switch) or by BACS. All bank charges relating to BACS payments must be paid by the customer. Pound Payments to HSBC Bank account number 41411489 sort code 40-01-01, Swift code MIDLGB2139T, IBAN code GB86MIDL40010141411489. Euro Payments to HSBC Bank account number 67349909 sort code 40-05-15, IBAN code GB10MIDL40051567349909. Proforma deliveries will not be released until the cheque payment has cleared. There is a charge of £10 for cheques which are represented and/or returned to Bombay Duck unpaid. Returns and Claims All products supplied by Bombay Duck are covered by our ‘Bombay Duck Guarantee’. We will replace or credit any product that is faulty. If you wish to return a product to Bombay Duck please contact us for a RAN (Returns Authorisation Number). Please note that returns cannot be accepted by our warehouse without a RAN. We strongly recommend that you use recorded delivery or obtain a certificate of posting when you return your parcel. Certificates of posting are available free of charge at the post office and will enable us to action your refund should your parcel be lost or delayed in the post. Our Customers Bombay Duck works with retailers with fixed premises (ie a shop) and those who produce a mail order catalogue that we have seen and approved. We do not work with market traders, charity fairs or party planners. Sales to companies who work solely through a website are at the discretion of Bombay Duck. Exclusivity We do not offer exclusivity on any of our standard products. Price While we try to maintain our printed prices, they are subject to change from time to time and we will endeavour to inform you of any changes. The price payable by you will be that shown on our Order Confirmation at the time of despatch. All prices are shown exclusive of VAT. Description Most Bombay Duck merchandise is handcrafted, therefore there may be some variations in colour, texture or finish. These are not considered flaws. All dimensions are quoted in cms and measured at the widest point (excluding photo frames). Stock availability Every effort will be made to send orders complete. However, if stock is not available part deliveries will be sent (unless otherwise instructed). Bombay Duck reserves the right to cancel back orders at its discretion. To ship a back order outside the UK the value of the available stock must be at least £100 or €150 Retention of Title Subject to the following provisions: (1) All goods shall remain the absolute property of the Company until they have been paid for in full. Until such time the Customer shall hold them as bailee only and keep them clearly marked as the property of the Company and separate from other goods in the Customer’s possession. (2) If the Customer defaults in payment of the purchase price or any part of it, or if, before the purchase price is paid in full, a reserver is appointed over all or any part of its or his assets or if the Customer goes into voluntary or compulsory liquidation or the Customer does any act which in the case of a natural person would be an act of bankruptcy, then: (a) The Company shall be at liberty and is hereby authorised to enter upon the Customer’s premises and to retake possession of the goods or any of them. (b) The Company may give 14 days notice to the Customer to pay the purchase price of the balance, thereof and if the Customer does not do so the Company may (without prejudice to any other rights it may have) treat itself as discharged from further performance of the contract deal with the goods or any of them as its own property and claim damages from the Customer for any resulting loss. (3) Notwithstanding that the goods remain the property of the Company they shall be at the Customer’s sole risk in the case of specific goods from the date of the agreement and in the case of unascertained goods from the time that they are unascertained and unconditionally appropriated to the contract by the Company. (4) Where the Customer has made known to the Company before the contract is made that he wishes to acquire the goods for resale the Customer is licensed to sell the goods while they remain the property of the Company but only upon the following terms: (a) As between the Company and the Customer, the Customer will sell as agent of the Company. (b) As between the Company and the Customer, the Customer will sell as principal and not as agent and has no authority to contract as agent of the Company. (c) The Customer shall keep proper records of each such resale and shall account to the Company for the proceeds thereof and shall not mix such proceeds with any monies of his own or pay them or cause them to be paid into any account other than a separate bank account in the name of the Company specially designed by the Customer for the purpose in a bank which is on notice of the fiduciary nature of such receipts. (d) The price at which the goods are resold shall not be less than the contract price hereunder (after making such appointments as may be reasonable). (e) The Company shall hold such proceeds upon trust to pay to itself the purchase price of the goods the subject of the contract and to pay the balance if any to the Customer. (f) This license shall be terminated forthwith upon notice by the Company to the Customer should the Customer commit any breach of the terms of the contract or should the Company become entitled to retake possession of the goods or any of them. General These conditions shall take precedence over any conditions which may appear in the Customer’s Purchase Order, and we shall not be bound by the Customer’s terms and conditions unless expressly agreed by us in writing. These conditions supersede all conditions previously stated.