Buyer & Seller

Terms and conditions

  1. APPLICATION OF CONDITIONS

The terms and conditions here listed comprise the total contracts between the Buyer and the Seller to the exclusion of all other terms, warranties and conditions expressed or implied.

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  1. PRICES

The prices stated in any quotation or acceptance of order are in accordance with the Seller’s prices ruling at that time but can unless otherwise agreed in writing be subject to variation, and the prices being those current at the time of despatch.

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  1. DELIVERY

The Seller shall despatch the goods to the Buyer’s nominated agent located at the delivery address shown on the order acknowledgement.

Risk in the goods shall pass to the Buyer upon delivery. The times acknowledged for delivery are estimates only and whilst all reasonable efforts will be made to deliver the goods within the time stated the Seller shall not be responsible for any losses caused to the Buyer for late delivery.

The Buyer shall not return any goods to the Seller without the written consent of the Seller and any such returns shall be made at the risk and

expense of the Buyer. If the Seller is unable to deliver the goods due to circumstances beyond its control (including lack of shipping instructions from the Buyer) then the Seller shall be entitled to arrange storage on behalf of the Buyer.

All charges for storage and insurance shall be paid by the Buyer. Goods delivered to site and left lying are at the Buyers risk and no claims will be entertained for damage thus incurred.

 

  1. TITLE AND PAYMENT

Unless otherwise agreed in writing, all invoices shall become due for payment by the Buyer on nett 30 day settlement from the date of invoice.

The Seller reserves the right to charge interest at the rate of 1.5% per month over the current Bank rate on any monies outstanding from the due date of payment. Title to the goods does not pass until the Seller has received payment in full.

 

  1. QUANTITIES

Quantities of all consignments as notified to the Buyer in writing shall be conclusive unless an irregularity in the number written advice thereof is proved. The Buyer shall not reject deliveries of goods for failure to comply with the quantity provisions as acknowledged. Variations in the total shall be subtracted or added to the Contract quantity as the case may be.

 

  1. PATENTS AND DESIGN

The specifications and designs of the goods shall be the property of the Seller. Where the designs or specifications have been supplied by the Buyer for manufacture by the Seller, then the Buyer warrants that the use of those designs or specifications shall not infringe the rights of any third party. All rights are reserved to change the design or method of manufacture without prior notice, consequently descriptions, illustrations and drawings supplied are as accurate as possible but do not form part of the contract. All drawings and descriptive matter remain the property of the Seller and are to be treated as confidential. Under no circumstances shall these be communicated to any third party without the written permission of the Seller.

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  1. CONDITIONS

In the event of goods being received damaged or defective, the Buyer shall within 7 days from the date of delivery, notify the Seller and return the goods for inspection. If the defect is in the opinion of the Seller due to faulty workmanship, materials or other factor within its control, the Seller shall either repair or replace the goods or credit the Buyer with the value thereof. Any shortage of goods delivered must be notified to the Seller within 7 days from the date of delivery.

 

  1. WARRANTY

The Seller warrants all equipment manufactured by it to be free from defects in workmanship or material under normal use and service. If any part of the equipment sold by the Company proves in the opinion of the Seller to be defective in this respect within a period of 12 months from the date of despatch it will be replaced free of charge ex-works.

 

  1. CANCELLATION

Where the Seller has issued an acknowledgement of order and the Buyer cancels or postpones the said order, any costs or charges incurred by the Seller shall be invoiced to the Buyer for payment under the normal terms outlined in ‘Condition 4’.

 

  1. SUB-CONTRACT

The Seller accepts no liability for the deterioration of, or damage to, free-issue materials or components supplied by the Buyer on which the seller is to complete further work.

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  1. FORCE MAJEURE

The Seller shall not be under any liability for any failure to perform any of its obligations under the Contract due to Force Majeure. Following notification by the Seller to the Buyer of such cause, the Seller shall be allowed a reasonable extension of time for the performance of its obligations. For the purpose of this Condition, ‘FORCE MAJEURE’ shall include, but without limitation, fire, explosion, flood, lightening, Act of God, act of terrorism, war, riot, sabotage or official strike or similar labour dispute, or any other events or circumstances outside reasonable control of the Seller.

 

  1. LIMITATION OF LIABILITY

Except to the extent as this condition may be rendered void or unenforceable under any enactment, any liability of Seller arising under this contract shall be limited to direct losses suffered by the Buyer not extending to any consequential losses howsoever arising and in respect or each consignment hereunder such liability shall in no event exceed the value of such consignment.

 

  1. NOTICES

Any notice or process given under this Contract shall be in writing by post, facsimile or personal delivery and shall be given to the Seller or Buyer at their respective addresses or such address as either party may notify to the other.

 

  1. PROPER LAW

This Contract shall be constructed and governed according to English law, which shall be the proper law of the Contract.