| |  | Terms & Conditions of Sale 1. Prices We reserve the right to apply prices ruling at the time of despatch. Customers will have the option to cancel any orders upon which we have to apply such cost increases.
2. Orders Orders will be accepted and despatched upon the terms shown on our price lists or written quotations. Deviations will only be permitted if confirmed by us in writing.
3. Payment Terms Where credit terms have been agreed: nett monthly, payable by end of month following month of invoice. Otherwise payment is required in advance by cheque, bacs or credit card.
4. Overdue Invoices Interest may be charged on overdue accounts at the rate of 8% above the bank of England base rate, calculated on a daily basis. Costs incurred in collection of overdue accounts will be recovered from the customer.
5. Deliveries Every endeavour will be made to adhere to the estimated time of delivery given upon our acknowledgement of order but failing to do so does not constitute a breach of contract. Express forms of transport arranged at the request of customers will be invoiced at cost.
6. Packing and Delivery Export packing and delivery FOB English port are included in the price. Where CIF prices are quoted, an addition has been made to cover the cost of delivery CIF port of destination.
7. Claims It is a condition laid down by the carrier that all claims must be notified in writing within three days of receipt of goods, or, in the case of non delivery, within fourteen days after the date of despatch. After this period no claim can be accepted.
8. Export Claims Claims will only be recognised or considered if notified to us in writing within seven days of receipt of goods.
9. Special Products When orders are placed for products or packs not shown on our price lists, we reserve the right to amend the quantity at time of delivery by +/- 10%.
10. Advice Any advice or information which we may offer to customers or prospective customers is given to the best of our ability, having regard to the relevant factors known to us, but is given expressly without any liability on our part.
11. Suitability It is the exclusive responsibility of the purchaser to satisfy him/herself that the goods are suitable for the purpose for which they are required and any implied condition that the goods are fit for any particular purpose is hereby excluded.
12. Materials If the goods are found to be defective in material or workmanship and are so reported to us within 3 months of delivery to the purchaser, we undertake to replace the goods without charge to the purchaser. It is a condition of this undertaking that we are satisfied that the defect existed at the time when the goods left our premises. Our liability is limited to replacement of the goods in exchange for those originally supplied.
13. Title to Goods The title to goods and ownership thereof, shall not pass to the buyer until full payment has been made (regardless of any right of the buyer to withhold such payment) and until the date of the payment, the buyer shall store the goods in such a way that clearly identifies them as the property of the seller. If the goods by processing or otherwise, become a constituent of new objects, separate or otherwise, then the ownership of such new objects shall remain with the seller. Until the date of the payment, the buyer shall store these new objects in such a way that clearly identifies them as the property of the seller.
The buyer will be responsible for comprehensively insuring the goods or new objects as the case may be. If goods in the original state, or as new objects, are sold by the buyer or damaged/destroyed whilst in the custody of the buyer prior to full payment to the seller, the proportion of the proceeds of sale or of the insurance monies, amounting to not less than the invoice price of such goods shall be paid to the seller forthwith by the buyer. The buyer shall give the seller the right of entry into his premises to repossess goods or new objects up to the full value of the invoice price for such goods.
14. Infringement of Patents, Registered Designs or Copyright The buyer shall indemnify the seller against all damages, costs and expenses to which the seller may become liable as a result of work done in accordance with the buyer's specification which involves infringement or alleged infringement of a patent registered design or copyright.
The above terms and conditions will be governed by English Law and enforceable by English courts. |
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