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terms and conditions |
1. A copy of these conditions accompanies everyquotation
we submit to customers and they therefore form part ofthe
business contract which we hope will result from the
acceptance of the quotation. In the case of business
concluded orally your attention will be drawn at the
time to those conditions of which copies are availableon
request or for inspection in our offices. Anyvariation of
these conditions in any document of the customer shallbe
ineffective and inapplicable unless specificallyaccepted in
writing by us.
2. This quotation is made, and any contract arisingtherefrom is
entered into, on the following conditions:
(a) All quotations are subject to withdrawal oralteration
without notice.
(b) Goods offered or agreed to be supplied will be
charged in accordance with prices of materials and
labour ruling at the date of delivery.
3. We do our best to ensure that the goods which wesupply
are in accordance with the order and specification ofthe
customers so far as quantity, size and quality are
concerned. However, we accept no responsibility forthe
specification itself nor do we warrant that any goods
supplied by us are tested or sold as suitable for any
particular purpose treatment or conditions or that the
goods possess any particular qualities save as may beset
out in the customers specification. We can accept noclaim
for consequential loss or damage resulting from theuse of
our goods.
4. (i) All offers, quotations and contracts aresubject to the
express condition that we will not be in any way
responsible for loss, damage or delays arising from
strikes, lock-outs, cessation of labour, transportdelays,
shortened hours of labour, accident of any kind,perils of
the sea or rivers, war or the like of any other causeof
contingency whatsoever beyond our control whether
ejusdem generis with the preceding cause or not.
(ii) Should we be prevented from delivering part ofthe goods by reason of any of the causes, referred to
in clause 4(i) hereof we will deliver and the customerwill
take such part of the goods as we shall at the timefixed
for delivery, be able to deliver. The customer shallpay
for the goods so delivered the same proportion of the
price as the goods delivered bear to the whole of the
goods agreed to be sold.
(iii) Notwithstanding the rate or time of deliveryprovided for in relation to any transaction, no guarantee orwarranty
as to rate of delivery or time of delivery is given or
implied.
(iv) Where delivery is to be made by instalmentsfailure by the customer to accept or pay for any instalment may
be treated by us as repudiation of the contract.
(v) A defect accepted in goods supplied by us when delivery is to be made by instalments, shall notentitle
the customer to cancel the remainder of the contract
or order.
(vi) Every endeavour will be made to supply anddeliver the ordered quantity of goods but we reserve the right to
supply or deliver the quantity ordered plus or minus10%
of the ordered quantity. The supply and delivery of
goods within this limit shall be deemed a due
performance of the contract and the contract price
shall be adjusted pro rata.
5 (i) All goods supplied by us shall remain the soleand absolute property of us until such time as thecustomer
shall have paid us the agreed price together with the
full price of any other goods the subject of any other
contract with us.
(ii) The customer acknowledges that the customer is inpossession of goods solely as bailee for us until suchtime
as the full price thereof is paid to us together withthe
full price of any other goods the subject of any other
contract with us.
(iii) Until such a time as the customer becomes theowner of the goods, the customer will store them on his
premises separately from the customer’s own goods or
those of any other person and in a manner which
makes them readily identifiable as our goods.
(iv) The customer’s right to possession of the goodsshall cease if he, not being a company commit an available
act of bankruptcy or if he being a company, does
anything which would entitle a Receiver to take
possession of any assets or which would enable any
person to present a petition for winding-up. We andour
employees and agents may for the purpose of recovery
of its goods enter upon any premises where they are
stored or where they are reasonably thought to be
stored and may repossess the same.
(v) Subject to the terms hereof the customer islicensed by us to agree to sell our goods, subject to the express
condition that such an agreement to sell shall take
place as agents and bailees for us whether the
customer sells on his own account or not and that the
entire roceeds thereof are held in trust for us andare
not mingled with other monies and shall be at alltimes
identifiable as our monies.
(vi) If the customer has not received the proceeds orany such sale, he will upon being called upon so to do by
us, within seven days thereof assigned to us allrights
against the person to whom the customer has supplied
the goods.
6. Goods will be supplied in accordance with the specification and sample approved by the customer
provided that a tolerance not exceeding plus or minus
10% will be allowed in any dimension.
7. Should any items supplied prove defective in consequence of faulty material or workmanship within 7
days of delivery we will replace such item but shallbe
under no further obligation of liability whatsoever.
8. We do our best to honour delivery dates but cannot accept responsibility for delays outside ourreasonable
control and such delays shall not entitle a customerto
refuse delivery after date, to claim damages or to
repudiate the contract.
9. Claims for shortage, loss or damage in transitcannot be entertained if received more than 48 hours after the
customer has signed our receipt for goods delivered.
10. The customer shall indemnify us against alldamages penalties costs and expenses to which we may become
liable as a result of work done in accordance with the
customer’s specification which involves theinfringement of
any letters patents registered design copyright orother
similar form of protection.
11. If the buyer shall make default in or commit abreach of
the contract, or of any other of his obligations tothe seller,
or if any distress or execution shall be levied uponthe
buyer’s property or assets, or if the buyer shall makeor
offer to make any arrangement or composition with
creditors, or commit any act of bankruptcy, or if any
petition to wind up such company’s business (otherthan
for the purpose of amalgamation or reconstruction)shall
be passed or presented, or if a receiver or such
company’s undertaking, property or assets or any part
thereof shall be appointed, the seller shall have theright
forthwith to determine any contract then subsistingand
upon written notice of such determination being postedto
the buyer’s last known address any subsistingcontracts
shall be deemed to have been determined without
prejudice to any claim or right the seller mayotherwise
make or exercise.
12. These conditions and the contract shall be subjectto and construed in accordance with English Law.
Conditions of Business
Product date and guidance forsale use information is available on request.
All offers are subject to our conditions of business. |
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