All quotations are made and all orders are accepted subject to the following conditions, which cannot be varied except by agreement in writing between the parties. Buyer’s standard conditions of purchase shall not apply unless specifically accepted in advance in writing.
All orders are subject to acceptance by the Company and once accepted cannot be cancelled by the customer, except by agreement in writing.
All prices shall be those ruling at the time of the despatch of goods.
Orders are on an Ex-works basis with carriage and packaging extra, unless otherwise specified at quotation stage.
- Terms of Payment
- Payment for all goods delivered shall be made in full without any deductions (unless previously accepted in writing by the Company) 30 days from invoice date, unless alternative terms are agreed and confirmed in writing by the company.
- Tooling costs incurred by the vendor shall be paid within seven days of date of invoice for such tooling.
- Where delivery is not part of the Contract and the customer has been informed that the goods are ready for collection and collection is not made within three weeks, a storage charge may be made.
- Performance Contract
Every effort will be made to carry out any contract in accordance with the Company’s estimate or specification, but the due performance of any contract is subject to a variation or cancellation due to strikes, official or unofficial lockouts, government restrictions, fire flood or any other causes beyond the Company’s control. The company shall not be liable for any loss arising from such variation or cancellation. If the necessary materials are not available the Company may at its discretion give notice of such non-availability and rescind or revise the Contract as to the whole or any specified part. Where no specification on the materials to be used has been defined, the material to be used shall be at the Company’s sole discretion. Design or catalogue specifications may be changed by the Company at any time without notice.
- Cancellation by the Company
Without prejudice to any other rights it may have the Company reserves the right to cancel any uncompleted order or to suspend delivery of any goods the subject thereof in the event of the customer failing to make due payment of any monies due to the Company under that or any other order (within the payment terms specified in 4i) of these conditions.
Unless otherwise expressly agreed in writing the goods shall be deemed to correspond with their description or they correspond to the sample which has been produced and examined by the Buyer.
- Cancellation by Customer
In the event of cancellation by the Buyer of any order for products specially manufactured by the Company to individual specifications and not marketed by the Company as standard lines, the Company shall be entitled to charge for all expenses incurred in preparation for the manufacture of such products.
When goods are tendered by the Company and returned due to causes outside its control the Company may refuse to accept the return of such goods, or if it does so accept them, it shall be entitled to make an additional charge in respect of the cost of transport and double handling necessitated by such return.
- Instalment orders
Whereby agreement between the Company and the customer, delivery of goods is to be made by instalments, each instalments delivered will be invoiced to the customer as if the subject of a separate order and the customer shall make payment therefore within the period specified by paragraph 4 of these conditions. Failure by the Company to deliver any one or more such instalments shall not entitle the customer to refuse to accept delivery of any other instalment nor shall the customers’ liabilities to the Company with regard to those other instalments be in any way affected.
- Damage of Goods
The Company shall not be liable to the customer in respect of any goods which may be delivered in a damaged condition unless the customer endorses the delivery note to the effect that the goods were so damaged or accepted without examination and thereafter within three days of delivery gives full details in writing the Company of all such damage or (in case of total loss) the covering documentation. Damaged goods should be retained pending our disposal instructions.
- Limited of Liability
- The Company will at its own discretion repair, replace (as originally ordered) or refund the price of any goods which may be supplied to the customer in a defective condition if in the opinion of the Company such goods are defective solely by reason of faulty materials or workmanship, provided that the customer within 14 days of delivery of the goods alleged to be defective, gives notice in writing to the Company of the defect complained of. Damage due to false wear and tear or due to misuse or mishandling or deliberated damage or damage caused as a result of non-compliance with statements regarding the suitability of the goods for a particular use, for example, in the Company’s health and safety statement, or for any damage caused by incorrect assembly of the
goods or for any cause outside the Companies jurisdiction, will not be paid for or otherwise indemnified by the Company.
- Save as aforesaid all representations, conditions and warranties expressed or implied by statute or otherwise, with the exception of the obligation referred to in the Unfair Contract Terms Act 1977 as amended up to date 1st October 2003, are hereby expressly excluded.
Unless expressly provided in these conditions, the Company will not be liable for any loss, expenditure or damage, consequential or otherwise, suffered or incurred by the Buyer or by third parties whether arising directly or indirectly from any defect in quality or workmanship, and the Buyer shall indemnify the Company against any liability arising from claims made by any third party after the goods have been accepted by the Buyer. Nothing herein contained affects or will affect the statutory rights of the consumer as defined by the Unfair Contract Terms Act 1977 as amended up to date 1st October 2003.
- Delivery Dates
Whilst every effort is made to ensure that goods are delivered on the due date, the Company shall not be liable for any delays in delivery which may occur, Non-delivery or quality rejection claims cannot be entertained unless we are informed within 14 days of the date of invoice. If the Company submits a sample for the Buyers approval, the period specified for delivery on the Company’s quotation shall commence on the date when the Company receives such approval in writing. Request for proof of delivery received by us more that 5 weeks after date of invoice will necessitate our re-charging the carriers investigation fee. The Company may at any time give notice of revised delivery dates, and unless the Buyer cancels the Contract within seven days of receiving notice of such revised dates, the Buyer shall accept the same.
The Company will make every effort to produce goods in the precise quantity ordered by the customer but the customer undertakes to accept and to make payment for deliveries where the variation does not exceed 10% of the quantity ordered. Prices quoted by the Company in all estimates, specifications, acceptances of orders, or Contracts are based upon the full quantities therein and the Company shall be entitled to revise prices if the Buyer fails to take delivery of the quantity on which the estimate was based.
- Customers Tooling
A customer’s tooling on the Company’s premises is at Buyers risk. The customer may affect insurance cover thereon through his own insurers. The Company can usually arrange such insurance, if required.
- Property in Goods Sold and Unpaid Sellers Rights.
- So long as any payment from the Buyers to the Company is outstanding (whether or not the time for payment has yet become due) the property in the goods until re-sale shall not pass to the Buyer.
- If the goods should become constituents of or be converted into other products before the property passes from the Company, such other products shall pass into the ownership of the Company, who shall have the same rights and remedies over such other products as over the goods in their unconverted state.
- If the goods are re-sold by the Buyer while any payment remains outstanding to the Company, (whether or not the time for payment has yet become due) the Buyer shall be deemed to sell as Agent of the Company, who shall be entitled to payment from the Buyers purchaser to the extent of the Buyers Indebtedness.
- Notwithstanding the foregoing provisions the risk in the goods shall pass to the Buyer immediately the goods leave the Company’s premises. Notwithstanding the fact that delivery may be undertaken by the Company at the customers request.
- Patent Infringement Indemnity
The customer will indemnify the Company against any claim for infringement of patents or registered designs or trademarks as a result of the Company carrying out the customer’s instructions.
- Drawings and Design Specifications
- The Company accepts no responsibility for the accuracy of drawings and/or design specifications supplied by the customer nor for any claim which may arise as a result of using such drawings or specifications.
- All drawings and design specifications and other information supplied by the Company is supplied on the express understanding that the customer will not
- Give away, loan, exhibit, sell or otherwise divulge any such information or copies thereof
- Use the information in any way except in conjunction with the goods for which they are issued.
- Customers Acknowledgement
In placing an order with the Company, the customer shall be deemed to have
- Accepted these terms and conditions unconditionally.
- Purchased the goods in the course of a business and not for private use, and understood the implication of this with respect to the Sale of Goods Act 1979.
- Understood the responsibilities placed upon him by the Health and Safety at Work Act 1974 particularly in connection with Section 6 of this Act.
- Legal Proceedings
This condition shall be construed in accordance with English Courts shall have jurisdiction in any dispute in connection therewith.