Terms and Conditions for Credit Accounts
1.0 Credit Accounts
1.1 These terms and conditions apply to all credit accounts and goods supplied on credit by BiGDUG Limited (“we” or “BiGDUG”) to you, the credit account customer (“you”). These terms and conditions are in addition to the terms and conditions which apply to the sale of any goods by BiGDUG which are available at www.bigdug.co.uk
1.2 We require payment in full in advance for all orders unless we have agreed to open a credit account for you. All credit accounts and goods provided on credit are provided at our sole discretion and subject to ongoing approval. We reserve the right to refuse credit, even to existing credit account customers, at any time.
1.3 Our agreement with you is not regulated by the Consumer Credit Act. We will only supply goods on credit to business, professional, not-for-profit and public sector customers. We do not supply goods on credit to consumers. By opening a credit account you agree and accept that you are not dealing with us as a consumer.
2.0 Information Required and Credit Checks
2.1 In order to open a credit account with us you will be required to provide us with the information we request in our credit account application form.
2.2 We reserve the right to carry out a credit reference search on you and any personal guarantors before opening the account. We may update this search at any time.
2.3 You agree that all information you supply in your credit account application, is true, complete and not misleading.
2.4 When we open your credit account we will inform you of your credit limit and we reserve the right to adjust this limit at any time for any reason and to withdraw a credit account at any time, for any reason.
3.0 Payment of Invoices
3.1 All credit balances will be payable within 30 days of the end of the month in which we submit our invoice to you. If you fail to make payment within our credit period we will immediately cancel your credit account and pursue you for the unpaid sum.
3.2 We will charge interest at the rate of 8% above the base lending rate of the Bank of England on any overdue sums.
4.0 Risk and Title
4.1 If you are a credit account customer then
4.1.1 risk of damage to or loss of the goods shall pass to you when the goods or any part thereof are despatched for delivery to you, notwithstanding that we may arrange for delivery; and
4.1.2 property in the goods shall not pass to you until we have received payment in full (in cash or cleared funds payment) for the goods and all other goods agreed to be sold by us to you for which payment is then due
4.1.3 until the property in the goods passes to you, you will hold the goods as our fiduciary agent and bailee, and shall keep the goods separate from other goods and properly stored, protected and insured and identified as our property. Until that time you will be entitled to resell or use the goods in the ordinary course of your business, but shall account to us for the proceeds of sale or otherwise of the goods, including insurance proceeds, and shall keep all such proceeds separate from any other moneys or property and, in the case of tangible proceeds, property stored, protected and insured;
4.1.4 until the property in the goods passes to you (and provided the goods are still in existence and have not been resold), we shall be entitled at any time to require you to deliver up the goods to us and, if you fail to do so immediately, we reserve the right to enter upon any premises where the goods are stored and repossess the goods and to dismantle the same (without being liable for any damage caused by so doing)
4.1.5 You will not be entitled to pledge or in any way charge by way of security for any indebtedness any of the goods which remain our property, but if you do so all moneys owing by you to us will forthwith become due and payable. 4.1.6 You will at our request assign to us any right of action against any third party in respect of moneys due for such goods or products.