TERMS AND CONDITIONS OF SALE
The acceptance of any order by the seller is subject to the following terms and conditions.
Any variation to these terms and conditions in any document of the Buyer is inapplicable unless accepted by the Seller in writing.
Although every effort will be made to maintain firm prices, orders are accepted on the understanding that prices are subject to alteration before the date of despatch.
There are minimum charges for the goods in any one single order. The charges for moulds, tools, certification, packaging, special carriage arrangements etc are additional to these. The
minimum charge is at the discretion of the Seller.
MOULD AND TOOL CHARGES
Charges for moulds and special tools required for the production of goods are made on a Part Cost basis and the said moulds and special tools remain the property of the Seller.
No charge is made for standard packaging by the Seller but should it be found necessary to use special packaging, crates, cases etc these will be charged. Export order packages are charged at cost and are not returnable.
The method of consignment and who will be charged will be stated at time of order and is at the discretion of the Seller.
Whilst every effort is made to despatch goods on the dates or within the periods mentioned in the contract such dates or periods shall be deemed for information purposes only and shall not form part of the terms and conditions of the contract. Where goods are sold carriage paid claims for damage in transit, shortage or loss of goods shall not be entertained unless notice in writing is given both to the Carrier concerned and the Seller within 21 days of the consignment.
Where delivery is to be made by installments, each delivery shall be deemed for such purpose to be the subject of a separate contract and any failure whatsoever by the seller in respect of any one delivery shall not entitle the buyer to repudiate the contract or any installments remaining to be delivered there under.
Ownership of the goods delivered or collected shall only pass to the customer when payment is received in full. However risk in the goods shall be vested in the Buyer as from the moment of delivery under the terms hereof and the Buyer shall be obliged to insure from that moment.
Payment for goods despatched shall be net cash at the end of the month following date of invoice.
Orders accepted by the Seller shall not be cancelled except with the consent of the Seller in writing and in terms which will
indemnify the Seller against loss.
The Seller may assign the contract with the Buyer or sub contract the whole or any part thereof to any firm, person or company.
DETERMINATION OF CONTRACT
If the Buyer shall make default in or commit a breach of the Contract or of any other of its obligations to the Seller the Seller shall have the right forthwith to determine any contract then subsisting.
CONDITIONS AND WARRANTIES
Whilst the seller will upon request endeavor such technical advice or assistance he has available in reference to the use of
the goods by the Buyer all such technical advice or assistance is given gratis and the Seller assumes no obligation or liability for advice given or for results obtained. No condition is made or to be implied, nor is any warranty given or to be implied as to the service life of the goods supplied or that they will be suitable for any particular purpose or for use under any specific
conditions notwithstanding that such purpose or conditions may be known or made known to the Seller. Goods represented by the buyer to be defective shall not form the subject of any claim for work done by the Buyer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects but such goods if returned to the Seller and accepted by him as defective will, at the request of the Buyer and if practicable, be replaced as originally ordered. The Buyer shall indemnify the Seller against all liabilities, penalties, costs and expenses to which the Seller may become liable as a result of the work done in accordance with the Buyer’s specification which involves the infringement of any letters patent or registered design. The restrictions on liability and indemnities contained herein are considered reasonable by the parties but in the event of any such restrictions or indemnities being found to be void which would be valid is some part thereof were deleted or the period of application altered such restrictions or indemnities shall apply with such modifications as may be necessary to make them valid and effective.
RESERVATION OF RIGHTS
Any forbearance by the Seller to seek any remedy in respect of any breach of the terms and conditions of the contract or to enforce any of its rights there under shall not prejudice or affect
its rights there under in any way whatsoever.
No statement, description, information, warranty, condition or recommendation contained in any catalogues, price lists, advertisement or communication or made verbally by any of the agents or employees of the Seller shall be construed to enlarge, vary override in any way any of these conditions.
These conditions and the contract shall be subjected to and construed in accordance with English Law April 1989