CONDITIONS OF SALE
1. Unless otherwise agreed in writing, orders are only accepted on the
following terms and conditions.
2. Quotations whether verbal or in writing, are subject to our written
confirmation on receipt of the customers order.
3. Quotations are valid for 30 days unless otherwise stated. Prices are
ex-works and subject to an additional charge for packing, insurance and
carriage. Value Added Tax at the rate ruling at date of invoice will be added.
We reserve the right to amend prices to cover any increases in the costs of
materials, services, or labour, which may arise prior to delivery.
4. Every endeavour will be made to deliver the correct quantity but when goods
are specially manufactured, estimates are conditional upon margins of 10%
allowance for overs or shortage, the same to be charged or deducted.
5. We reserve the right to charge for any drawings, designs or prototypes we
produce, in the event of them not being returned to us.
6. Any charges for Dies and/or Tools included in our quotation represent the
full costs and the Die and/or Tool become the property of the purchaser. We
undertake to hold these, although we cannot be held responsible for any loss
or damage.
7. After 6 years from last use we reserve the right to use or dispose of
Die/Tools without prior notification.
8. We shall be indemnified by the customer in respect of any claims, costs and
expenses arising out of any infringement of copyright, patent, design or any
other proprietary or personal rights of any third party contained in any
material produced for the customer, who is responsible for obtaining any
Licence or permission.
9. We shall not be liable for any loss to the customer arising from delay in
transit not caused by us.
10. Where goods supplied are defective for any reason, our liability (if any)
shall be limited to the rectification of the defect and shall not extend
beyond the replacement of the faulty goods. All sales are made on the
understanding that the customer will independently determine the suitability
of the goods for their purpose. We do not accept liability for any goods which
have been subjected to any further process after they have left our hands.
11. We shall not be responsible for loss if we are unable to carry out any
provision of the contract for any reason beyond our control including (without
limiting the foregoing) Act of God, legislation, war, fire, flood, drought,
failure of power supply, lock-out, strike or any other action taken by
employees or owing to any inability to procure materials required for the
performance of the contract and pay for work done and materials used, but
subject thereto shall otherwise accept delivery when available.
12. The risk in the goods passes to the customer upon delivery to the carrier
but title in the goods remains vested in us and shall only pass from us to the
customer upon full payment being made by the customer of all sums due to us.
In the event of the goods being sold by the customer in such manner as to pass
to a third party a valid title of the goods, whilst any such sums are due as
aforesaid, the customer shall be the Trustee for us of the proceeds of such
sale or to the claim for
such proceeds and the customer shall place such proceeds in a separate
account. The customer agrees that prior to the payment of the whole price of
the goods we may at any time enter upon the customer's premises and remove the
goods therefrom and that prior to such payment the customer shall keep the
goods separate and identifiable for this purpose.
13. We and the Carrier must be informed in writing
(i) within seven days of the buyer's receipt of our invoice if the goods have
not been delivered or
(ii) within three days of arrival of the goods, in the event of any deficiency
or damage.
Unless credit terms have been agreed payment is due immediately on receipt of
the goods.
14. Settlement of monthly accounts is to be made before the end of the month
following the month our invoice is dated. Settlement terms are strictly nett
and we reserve the right to charge interest on overdue accounts at the rate of
3% over the Base Rate being applied by Barclays Banks plc at the time.
15. We advise any unincorporated Debtor that we will transfer their details
and their account details to our financiers for the purpose of providing their
services and for the following purposes, obtaining credit insurance, making
credit reference agency searches, credit control, assessment and analysis
(including credit scoring, market and product and statistical analysis),
securitisation and protecting our interests. Details of our financiers and any
credit reference agencies used by
them will be made available on request.
16. Should work be suspended at the request of, or delayed through any default
of the customer for a period of 30 days, we shall then be entitled to payment
for work already carried out, materials specially ordered and other additional
costs.
17. Should expedited delivery be agreed, the extra costs may be charged to
cover any overtime, air freight, special delivery, or any other additional
costs involved.
18. These conditions and all other express terms of the contract shall be
governed and construed in accordance with the laws of England.