Return of Goods
6.1. Unless the Goods are defective (meaning that they do not comply with the warranty set out in clause 5.1), then the Supplier will not accept the return of Goods by the Customer unless:
6.1.1. such return has been agreed in writing by the Supplier’s returns department, who may provide the Customer with a returns reference number;
6.1.2. the Customer pays to the Supplier the handling charge specified by the Supplier;
6.1.3. the Customer arranges at its own expense for the relevant Goods to be returned to such location as the Supplier may specify, accompanied by a consignment note quoting any returns reference number; and
6.1.4. the Goods are returned in the same condition as they were in when delivered by the Supplier, and are fit for resale by the Supplier.
6.2. Unless the Goods are defective (meaning that they do not comply with the warranty set out in clause 5.1), the Supplier will not accept the return of personalised or bespoke Goods.
6.3. Where the Supplier agrees that the Customer may return the Goods, and the Customer complies with the obligations pursuant to clauses 6.1.2 and 6.1.4, then only that part of the Order which relates to the Goods so returned shall be deemed to be cancelled.
6.4. Save as provided in this clause, no Order may be cancelled by the Customer except with the written agreement of the Supplier and on terms that the Customer shall indemnify the Supplier in full against all loss (including loss of profit), cost, damages, charges and expenses incurred by the Supplier as a result of cancellation.
7. Samples
Where the Customer requests (and the Supplier agreed to provide) samples of Goods, the Supplier shall be entitled to invoice the Customer the full price of such samples upon dispatch. Such invoice will be credited provided that the Customer returns the relevant items at its own expense in unused and undamaged condition within 30 (thirty) days of delivery. If the relevant items are not so returned, the Customer will become immediately liable to pay the amount invoiced.
8. Title and risk
8.1. The risk in the Goods shall pass to the Customer on completion of delivery.
8.2. Title to the Goods shall not pass to the Customer until the earlier of:
8.2.1. the Supplier receives payment in full (in cash or cleared funds) for the Goods and any other goods that the Supplier has supplied to the Customer, in which case title to the Goods shall pass at the time of payment of all such sums; and
8.2.2. the Customer resells the Goods, in which case title to the Goods shall pass to the Customer at the time specified in clause 8.4.
8.3. Until title to the Goods has passed to the Customer, the Customer shall:
8.3.1. store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Supplier’s property;
8.3.2. not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
8.3.3. maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
8.3.4. notify the Supplier immediately if it becomes subject to any of the events listed in clause 10.1; and
8.3.5. give the Supplier such information relating to the Goods as the Supplier may require from time to time.
8.4. Subject to clause 8.5, the Customer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Customer resells the Goods before that time:
8.4.1. it does so as principal and not as the Supplier’s agent; and
8.4.2. title to the Goods shall pass from the Supplier to the Customer immediately before the time at which resale by the Customer occurs.
8.5. If before title to the Goods passes to the Customer, the Customer becomes subject to any of the events listed in clause 10.1, then, without limiting any other right or remedy the Supplier may have:
8.5.1. the Customer’s right to resell the Goods or use them in the ordinary course of its business ceases immediately; and
8.5.2. the Supplier may at any time:
8.5.2.1. require the Customer to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product; and
8.5.2.2. if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the Goods are stored in order to recover them.