H. Erben Ltd, Lady Lane Ind.

Est, Hadleigh, Suffolk, IP7 6AS

Tel: 01473 823011 Fax: 01473 828 252

New Customer Application Form

Company Name:
Invoicing address:

Delivery address if different from above:

Company Registration No:

VAT Number: EORI Number:
VAT Exempt: Please provide VAT certificate as evidence.
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Contacts: Accounts Marketing Buying
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Spirits / Wine / Cider / Packaging / Pharmaceuticals / Soft drinks / Food /
Sector:
Brewing / Beauty / Machinery / Oil
If deliveries need to be booked in, please give details:

Are there any vehicle restrictions?

Do you have a forklift on site?
Operating hours:

I/We agree to operate our account in accordance with H Erben Limited Standard Conditions of Sale.

I/We agree to pay for goods prior to delivery against the proforma invoice provided (unless different terms are agreed and
confirmed in writing.) We understand that deliveries may be delayed or cancelled if these payment terms are not adhered to.

By signing I/We agree to operate our account in accordance with H Erben Limited Standard Terms and Conditions as attached.

Here at Bruni Erben we take your Privacy seriously and will only use your personal information to administer your account and to
provide the products and services you have requested from us. However, from time to time we would like to contact you with details
of new products and services.

If would like to opt out please tick here. (You can opt out at any time by contacting us)

Authorised Signatory: __________________ Print name: ________________________ Date: ___________

Internal Use only

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Customer Account External Account
Exec. Manager:
FRM022_Proforma_Customer_application_form 08/10/21 Author: HT Version 5.0 Approved
 (iii) The Company may at any time following the Customer's failure to accept delivery Company shall be entitled without notice to the Customer to sell all or any part of such
H. ERBEN LIMITED notify the Customer of the Company's intention to sell the Goods after the expiry of a Goods or part thereof privately or by auction or otherwise and keep the proceeds of the
STANDARD TERMS AND CONDITIONS period of not less than 7 days from the date of the notice. Any such sale by the Company sale in diminution of such sums and of all costs and expenses incurred by the Company in
may be on a forced sale basis. The Customer shall be liable to the Company for the costs effecting the said sales. Any balance remaining thereafter shall be remitted to the
1. DEFINITION OF TERMS and expenses incurred by the Company in connection with such forced sale and the cost of Customer by the Company.
In these conditions the following expressions shall have the following meanings: storage of the Goods in the meantime and shall reimburse the Company such costs and
"the Company" means H. Erben Limited; expenses forthwith upon demand. 15. TERMS OF PAYMENT
"the Customer" means any company, firm, individual or any agent thereof from whom an (iv) Unless otherwise expressly provided in the Contract the Customer shall be responsible (i) The Customer shall pay the price of the Goods in the currency specified. All cheques
order is received; for off-loading the Goods. Any extra costs incurred by the Company arising from and bills must be cleared on or before the due date for payment.
"Commissioning" means tests on completion of installation of Goods to demonstrate to the inadequate facilities for delivering or off-loading or from delay in providing the same shall (ii) Deposits and stage payments (in particular but not limited to orders for machinery) are
Customer that the Goods are sound and functioning to mechanical and electrical be paid by the Customer. payable upon demand. For all new Customers the first order is required to be paid when
specification. (v) The Customer shall examine the Goods forthwith following collection or delivery of the the relevant order is made. Invoices are payable within 30 days of invoice date unless other
"Completion of the Contract" means where the Contract is for the sale of Goods only, the Goods as the case may be and within 3 days thereof the Customer shall notify the Company terms of payment are accepted in writing.
date on which the Goods are delivered and otherwise the date on which the Company in writing (including by [telex or]fax, but not by email) of any defects in the Goods together (iii) All payments made by the Customer shall be made without any deduction or
issues an acceptance request form or on such other date as the Company notifies the with details of the defects and shall notify the Company of any short or over-delivery. The deferment in respect of any disputes or claims whatsoever and/or in respect of any taxes
Customer that Commissioning is completed; Customer shall permit all such defective Goods to be inspected by the Company. In the imposed by or under the authority of any government or public authority.
"the Contract" means the agreement between the Customer and the Company for the absence of the receipt of such notice by the Company any claim by the Customer for (iv) If payment is not made within the stipulated time interest on any outstanding balance
supply of Goods and or Services subject to these conditions and any Special Terms; damage, shortages or non-delivery is deemed to have been waived. will be charged at the rate of 2 per cent per month calculated on a daily basis without
"the Goods" means the products, goods, equipment, apparatus, machinery, parts and other (vi) The Company shall in its sole discretion be entitled to have manufactured the Goods prejudice to the Company's right to receive payment within the stipulated period.
items or materials or any part thereof to be supplied by the Company to the Customer by instalments and to make available the Goods for collection or delivery as the case may (v) If the Customer delays making payment under the terms of the Contract the Company
which are listed in the Company's confirmation of order form; be in such instalments subject to these conditions. Unless otherwise agreed in writing, may suspend work or delivery until such payment is made and the Company shall be
"Services" means all works and services specifically stated in the confirmation of order where the Goods are to be delivered or Services are to be performed in instalments, each entitled to increase the Contract price to cover any extra expense incurred thereby.
form to be performed by the Company; delivery or performance shall be a separate contract and failure by the Company to deliver (vi) The Company is entitled to set off sums owed by the Company to the Customer against
"the Site" means the place where Services are to be carried out by the Company together or perform any one or more of the instalments in accordance with these conditions or any sums owed by the Customer to the Company.
with so much of the surrounding areas as the Company requires for use in connection claim by the Customer in respect of any one or more instalment shall not entitle the (vii) If the Company is not satisfied for whatever reason that the Customer is sufficiently
with Services; Customer to treat the Contract as a whole as repudiated. credit worthy the Company at its sole discretion shall be entitled to suspend manufacture
"Special Terms" means any terms agreed by the parties in writing or included in the (vii) The Company will use reasonable commercial endeavours to have manufactured the and despatch the remainder of the Goods and/or treat the contract as repudiated and/or
Company's confirmation of order form which may vary or be in addition to these standard Goods by any time or date agreed with the Customer but time of manufacture, collection sell any of the Goods in its possession and the Customer shall indemnify the Company for
conditions. or delivery as the case may be shall not be of the essence of the Contract. Any date specified any loss or damage which the company suffers as a result without prejudice to any other
by the Company for completion of the manufacture of the Goods or for collection or rights of the Company hereunder.
2. LAW
The Contract shall be governed, performed and construed according to the Laws of delivery is approximate only and in the event of the Company's failure to meet such date 16. FORCE MAJEURE
England and, subject to Clause 21 below, the parties submit to the exclusive jurisdiction of for any reason the Company shall not be liable for any loss or damage suffered by the If the Company is prevented or delayed from or in performing any of its obligations under
the English courts. Customer as a result nor shall this constitute a breach or repudiation of the Contract. the Contract by force majeure, which shall include but not be limited to any act of God,
9. VARIATION ADDITIONS AND OMISSIONS fire, act of government or state, war, civil commotion, insurrection, embargo, inability to
3. INTERPRETATION obtain raw materials, energy or othersupplies, labour disputes ofwhatever naturewhether
(i) The headings shall not affect the interpretation of these conditions and where (i) The Company may vary the design or construction of the Goods or Services using
reasonable skill at any time prior to the Completion of the Contract provided that such or not by or involving employees of the Company, or other circumstances beyond the
appropriate the singular shall include the plural and the plural the singular. control of the Company then the Company may give notice in writing to the Customer of
(ii) In the event of any conflict between any Special Terms and these general terms, the variation will not alter substantially the performance or specification of the Goods.
(ii) The Company shall use all reasonable endeavours to comply with any reasonable the circumstances constituting force majeure and of the obligation, performance of which
Special Terms shall prevail. is thereby delayed or prevented, and shall thereupon be excused from compliance with
requests by the Customer to modify the Goods or Services (whether by way of additions
4. QUOTATION omissions substitutions alterations or otherwise) but in so doing may alter the price or the such obligation for as long as such circumstances may continue.
(i) A quotation by the Company is not an offer. Quotations are subject to withdrawal or delivery dates or stipulate such other conditions as in its discretion the Company may 17. CANCELLATION
revision at any time before acceptance of the Customer’s order by the Company. consider reasonable and all extra costs arising by reason of delay to the Completion of the If the Customer gives notice in writing of its cancellation of all or part of its order for the
(ii) Each order for Goods and/or Services by the Customer is an offer by the Customer to Contract resulting directly or indirectly from such modifications shall be payable by the Goods or Services the Customer shall forthwith upon demand reimburse the Company
purchase the Goods and/or Services subject to these Conditions. Customer. The Company reserves the right to suspend the supply of the Goods or the costs or expenses which it has incurred in dealing with the order prior to its receipt of
(iii) No order submitted by the Customer is accepted by the Company until the Company installation of Services until the Customer has agreed to the terms of any modifications. the notice of cancellation.
confirms itswritten acceptance on the Company’s confirmation of order form or (if earlier)
the Company delivers the Goods or supplies the Services to the Customer. 10. SUB-CONTRACTING 18. PERFORMANCE
The Company shall be entitled to sub-contract or assign all or any of its obligations under (i) The Company will accept no liability for failure to attain any performance figures it
5. PRICE VARIATION the Contract. quotes unless they have been specifically guaranteed subject to any tolerances specified or
(i) The prices quoted in the Company's quotation are related to the costs to the Company agreed. The Company shall at all times be given reasonable time and opportunity to rectify
at the date of quotation. If such costs shall be increased for whatever reason including any 11. SITE SERVICES
The Customer will ensure at its own cost during supply of Services on Site that: its performance before the Customer becomes entitled to make any claim.
rise in the costs of labour or in the cost of material or transport or by reason of any (ii) The Customer assumes responsibility that Goods ordered by the Customer are
additional expenses imposed on the Company by the enactment of anyActs of Parliament, (i) Such equipment, services, including safety services, consumable stores, roadways,
heating, telephone, toilets, canteen and medical services, water, power, lighting, product, sufficient and suitable for its purposes save so far as its stipulations are in accordance with
Order, Regulation or Bylaws the Company shall be entitled to increase the price in the the Company's advice given in writing.
quotation at any time before Completion of the Contract by the amount of such increase. suitable personnel and any other facilities required by the Company are provided at such
Where no written acknowledgement is given the price payable by the Customer is the times as the Company shall require. THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THE FOLLOWING CONDITIONS
price current at the date the Goods are delivered or the date the Services are performed. (ii) Secure dry premises for storage for the Company's use are available. 19. DEFECTS LIABILITY
(ii) Should any of the Goods be manufactured abroad or Services supplied by a foreign sub- (iii) Free and unobstructed access at all times to the Site is available to the Company, (i) Subject to the terms of this clause the Company will replace, or at its option, repair any
contractor the quoted price will be based on rates of exchange specified in the quotation including possession of acceptably prepared working areas, within such time scales as part of the Goods manufactured by the Company and rectify any part of Services executed
or if not so specified is based on the official rate of exchange at the date appearing on the required by the Company. by the Company which may prove defective through faulty design, materials or
face of the quotation. If before Completion of the Contract variations either by rise or fall (iv) All structural alterations to buildings and foundations (including foundations and workmanship within six calendar months of delivery based on single shift operation upon
occur in these rates of exchange the Contract price may be amended accordingly. supports for machinery) together with any cleaning, lifting, moving, strengthening and the Customer giving to the Company immediate written notice of such fault in design,
(iii) The quoted price excludes value added tax which must be paid to the Company at the protection work which the Company advises are necessary are executed by the Customer materials or workmanship.
appropriate rate applicable to the Goods and Services provided in accordance with current in a proper workmanlike manner and at such times as the Company shall require. (ii) The above warranty shall only apply provided that:-
legislation. (a) Defective parts are returned to the Company or, if that is not feasible, the Company
12. INSTALLATION AND COMMISSIONING is given all reasonable facilities for repair, inspection and testing;
(iv) Unless otherwise stated the price stated is ex-works the Company's premises Hadleigh, (i) Installation and Commissioning Services will be provided where applicable as detailed
Suffolk and the Customer shall pay the costs of delivery from those premises. (b) The Customer shall have complied with the terms of payment and all other
in the Company's quotation. If installation and Commissioning is provided for a fixed fee conditions of the Contract and the Goods shall, where relevant, have been operated and
6. SPECIFICATIONS, REPRESENTATIONS, ETC. but is prolonged for any reason outside the Company’s control and, as a result, the work of maintained in accordance with the instructions provided by the Company;
(i) All descriptive literature including specifications drawings and particulars of the Company's employees is suspended or increased or the Company incurs any additional (c) No replacement, repair or rectification is made or attempted without the Company's
dimensions and weights submitted with quotations are approximate only and the costs, a prolongation fee may be charged by the Company to the Customer. prior written approval;
descriptions and illustrations contained in our catalogues price lists and other advertising (ii) On completion of the Commissioning and the issue by the Company of a hand over (iii) Replacement parts are supplied free of charge but the Customer shall bear the cost of
matter are intended merely to present a general idea of the matters described therein and certificate which may detail minor items to be completed the Customer shall be deemed to delivery (including the cost of returns to manufacturer) and labour.
none of these contain any warranties or representations or shall form part of the Contract. have taken over and become responsible for the Goods including the operation, cleaning (iv) Goods supplied but not manufactured by the Company are sold subject to such
(ii) The Company's calculations, data, specifications, designs, drawings, descriptions, and and maintenance of such Goods. guarantees as are offered by the Company's suppliers and in such cases the Company's
promotional material, particulars of weights, rating, standard statements or other similar (iii) The Customer shall not use the Goods until Commissioning has been completed. liability to the Customer is limited to such rights and remedies as the Company may itself
matter relating to the Goods are approximate only and do not form part of the Contract (iv) Any additional tests requested by the Customer on completion of the Commissioning be able to exercise under the terms of the Company's agreements with its suppliers.
unless otherwise stated. Neither adherence to a particular shade of colour nor perfect and the conditions under which they will be conducted must be agreed in writing by the (v) Save as provided in this condition 19 the Company shall be under no liability
consistency of colour can be guaranteed by the Company, a reasonable variation is to be Company. whatsoever in regard to the Goods or Services and the provisions of this condition 19 shall
permissible. 13. HEALTH AND SAFETY exclude any warranty or condition which might but for this condition be implied by
(iii) No employee of the Company is authorised to make any contractual statement Where the Goods are manufactured or supplied by the Company it shall ensure that it statute, common law, custom or otherwise and the Company shall be under no further or
warranty or representation concerning the Goods or Services and the Customer shall not complies with all its duties and obligations under the Health and Safety at Work etc. Act other liability whatsoever in respect of loss or damage caused directly or indirectly by any
be entitled to rely or seek to rely upon any such statement warranty or representation 1974 (the Act) according to its interpretation of the Act. Any additional work required to failure or defect in the design, performance, quality or condition of the Goods or Services,
(except where made fraudulently). meet the requirements of the Act (as interpreted by the Customer) or specified by the local even if the same frustrates further performance of the Contract. In any event the
(iv) Where the Goods are manufactured or where standard goods of the Company are factory inspector will be charged extra. Save as aforesaid the Company shall not be Company's liability in respect of the Goods or Services proving defective shall be limited
altered in either case in accordance with information, drawings or instructions supplied responsible for ensuring that any applicable statutory safety and environmental to the cost of replacement, repair or rectification in accordance with the previous
by the Customer:- requirements which relate to the use of the Goods or Services by the Customer are satisfied provisions of this Clause 19.
(a) no guarantee or warranty is given by the Company as to the practicability, efficiency, and no warranty or representation is given by the Company in this respect. (vi) The Company shall not be liable in any circumstances whatsoever to the Customer
safety or otherwise of the Goods; for:
(b) the Customer shall indemnify the Company against all liability incurred by the 14. RISK AND TITLE AND LIEN (a) loss of use or profits or of contracts; or
Company as a result of:- (i) Where the Company arranges for transportation and delivery of the Goods to the (b) any consequential or indirect loss suffered by the Customer.
(i) the Goods infringing any intellectual property right (including patents, Customer’s premises the Goods are at the risk of the Customer from the time of delivery. (vii) Nothing in these Conditions shall limit the Company’s liability for death or personal
unregistered or registered design rights and copyright) belonging to any third party Where the Customer gives notice that it is arranging for the Goods to be collected and the injury caused by the Company’s negligence or for fraudulent misrepresentation.
or any statutory provision; or Goods are collected by or on behalf of the Customer, the Goods are at the risk of the (viii) The Company shall so far as appropriate use its best endeavours to assign to the
(ii) any impracticability, inefficiency, lack of safety or defect in the Goods where any Customer from the time of collection. Customer the benefit of any warranty which the Company may have from suppliers of
of these is due wholly or partly to faults or omissions in any such information, (ii) Ownership of the Goods shall not pass to the Customer until the Company has received components and parts for the Goods or from sub-contract manufacturers of the Goods or
drawings or instructions; in full (in cash or cleared funds) all sums due to it in respect of: Services
(c) all work (including design drawings) and any idea, invention or improvement made (a) the Goods; and
by or on behalf of the Company pursuant to the Customer’s commission and all (b) all other sums which are or which become due to the Company from the Customer 20. LIABILITY FOR ACCIDENTS AND DAMAGE
intellectual property rights therein (including any design right in a design created by the on any account. The Customer shall indemnify the Company in respect of any loss, injury, damage,
Company) belong to the Company; and (iii) Until ownership of the Goods has passed to the Customer, the Customer shall: expense or claim of whatsoever nature and howsoever arising out of the Goods or Services
(d) the Company shall not be liable to the Customer in respect of any loss, damage or (a) hold the Goods on a fiduciary basis as the Company's bailee; or theirstorage, installation, use, operation or maintenance save to the extent that the same
claim incurred by or made against the Customer if any Goods infringe any third party’s (b) store the Goods (at no cost to the Company) separately from all other goods of the is caused by the negligence of the Company, its servants or agents including the
intellectual property right (including patents, registered and unregistered design rights Customer or any third party in such a way that they remain readily identifiable as the Company's sub-contractors.
and copyright). Company's property; 21. ARBITRATION
(v) Any drawings sent to the Customer for approval shall be deemed to have been (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the If at any time any dispute or difference whatsoever shall arise under or in connection with
approved by the Customer unless they are returned to the Company with comments or Goods; and the Contract including its validity, construction and performance either party may give to
queries within ten working days or as otherwise stated from date of submission. (d) maintain the Goods in satisfactory condition and keep them insured on the the other notice inwriting of such dispute or difference with short particulars of each point
(vi) All plans, drawings, specifications and other written technical material forming part Company's behalf for their full price against all risks to the reasonable satisfaction of the at issue and of its intention to submit the same to arbitration. Such dispute or difference
of the Company's quotation or supplied in connection with the Contract shall remain the Company. On request the Customer shall produce the policy of insurance to the shall then be referred to the decision of an arbitrator in England to be agreed on by the
property of the Company and shall not be copied or disclosed to third parties without the Company. Customer and the Company or, failing agreement within fourteen days of either party
prior written consent of the Company. (iv) Until such time as the Goods have been paid for in full the Customer shall not nor shall having given to the other the name of a suggested arbitrator, such arbitrator to be
(vii) Any jigs fixtures or special tools made or obtained specially for the performance of any it allow any third party to acquire an interest in them or title to them and without prejudice appointed on the request of either party by the President for the time being of the Law
order shall remain the property of the Company ever though the Customer may have been to the generality thereof the Customer shall not pledge them or part with possession of Society.
charged with any part of the cost. them or allow any charge, lien or other encumbrance to affect the Goods or allow them to
(viii) Quantities of Goods supplied in bulk such as labels or other printed material, closures be installed as a fixture of any property. 22. NON-SOLICITATION
etc., shall be subject to a tolerance either way of 10 per cent and the Customer shall pay (v) The Customer's right to possession of the Goods shall terminate immediately if: (i) For the duration of this Contract and for one year after, the Customer shall not (except
for the actual quantities of Goods delivered. (a) the Customer has a bankruptcy order made against him or makes an arrangement or with the prior written consent of the Company) solicit (with a view to offering
composition with his creditors, or otherwise takes the benefit of any statutory provision employment) or otherwise seek to entice away from the employment of the Company
7. APPLICABLE CONDITIONS for the time being in force for the relief of insolvent debtors, or (being a body corporate) any personnel who have been engaged in the provision of Services at the Site. For the
(i) The Customer accepts that these conditions together with any Special Terms shall convenes a meeting of creditors (whether formal or informal), or enters into liquidation avoidance of doubt, this restriction does not prevent employment arising genuinely from
govern relations between itself and the Company to the exclusion of any other terms (whether voluntary or compulsory) except a solvent voluntary liquidation for the public advertisement placed by the Customer or a request for employment initiated
including conditions, warranties or representations, written or oral, express or implied, purpose only of reconstruction or amalgamation, or has a receiver and/or manager, exclusively by the employee.
even if contained in any of the Customer's documents which purport to provide that the administrator or administrative receiver appointed of its undertaking or any part thereof, (ii) The restriction set out in condition 22(i) is considered reasonable by the Customer and
Customer's own terms shall prevail, and these conditions together with any Special Terms or documents are filed with the court for the appointment of an administrator of the it acknowledges (having taken legal advice) that the provisions of condition 22 are
and the confirmation of order form constitute the entire agreement between the parties Customer or notice of intention to appoint an administrator is given by the Customer or necessary for the protection of the proprietary and commercial interests of the Company.
for the supply of Goods and/or Services. its directors or by a qualifying floating charge holder (as defined in paragraph 14 of (iii) In the event of breach by the Customer of condition 22(i), the Customer shall pay to
(ii) No person has any authority to make orally on behalf of the Company any addition to Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented the Company immediately upon receipt of a written demand (and without prejudice to
or variation or qualification of these Conditions and no such addition variation or to any court for the winding-up of the Customer or for the granting of an administration any other rights and remedies available to the Company) a sum equivalent to 50% of the
qualification shall have any effect unless agreed in writing by the parties. order in respect of the Customer, or any proceedings are commenced relating to the gross annual salary (calculated as at the date of termination) of the relevant employee.
(iii) A notice or other document to be given under this Agreement shall be in writing and insolvency or possible insolvency of the Customer; or
shall be deemed to have been duly given if left at or sent by:- 23. GENERAL
(b) the Customer suffers or allows any execution, whether legal or equitable, to be levied (i) Each right or remedy of the Company under the Contract is without prejudice to any
(a) First class post or express or air mail; or on his/its property or obtained against him/it, or fails to observe or perform any of his/its
(b) Registered post other right or remedy of the Company, whether or not under the Contract.
obligations under the Contract or any other contract between the Company and the (ii) If any provision of the Contract is found by any competent authority to be invalid,
(c) [Telex] Customer, or is unable to pay its debts within the meaning of section 123 of the
(d) Facsimile unenforceable or unreasonable, it shall be severed from the remainder of the Contract
Insolvency Act 1986 or the Customer ceases to trade; or which shall continue in full force and effect.
in the case of the Customer, to the Customer's address on the order form and, in the case (c) the Customer encumbers or in any way charges any of the Goods.
of the Company, to its registered office address. (iii) Failure or delay by the Company in enforcing or partially enforcing any provision of
(vi) The Company shall be entitled to recover payment for the Goods notwithstanding that the Contract is not a waiver of any of its rights under the Contract.
ownership of any of the Goods has not passed from the Company. (iv) Any waiver by the Company of any breach by the Customer is not a waiver
8. DELIVERY OF THE GOODS (vii) The Customer grants the Company, its agents and employees an irrevocable licence at
(i) Delivery will be made at the address agreed between the Customer and the Company of any subsequent breach.
any time to enter any premises where the Goods are or may be stored in order to inspect
or, if not agreed by the parties, to the Customer’s address on the order form. them, or, where the Customer's right to possession has terminated, to recover them.
(ii) Unless the Customer gives notice that it is arranging for the Goods to be collected and (viii) Where the Company is unable to determine whether any Goods are the goods in
the Goods are collected by or on behalf of the Customer within 7 days of such notice the respect of which the Customer's right to possession has terminated, the Customer shall be
Company shall arrange for transportation and delivery of the Goods to the Customer’s deemed to have sold all goods of the kind sold by the Company to the Customer in the
premises at the Customer’s expense. If the Customer fails to accept delivery of the Goods order in which they were invoiced to the Customer.
for a reason other than that the Goods are defective, the Company may make such (ix) On termination of the Contract, howsoever caused, the Company's (but not the
arrangements to deliver into a warehouse or store as the Company thinks fit and all extra Customer’s) rights contained in this condition 14 shall remain in effect.
costs thereby incurred by the Company shall be paid by the Customer. The Customer will, (x) The Company shall be entitled to exercise a general lien or right of retention on all
if the Contract provides for any payment contingent on delivery, make such payment as Goods or any part thereof in the Company's possession which are the Customer's property
if delivery had been made at such times as the Company was first ready to do so. for any sums whatsoever due to the Company and pursuant to such lien or right to the