Lowfields Business Park, Lowfields Way, Elland, West Yorkshire, HX5 9DA, UK
tel: 01422 311121    fax: 01422 311171    e-mail:
      

ALL ORDERS ACCEPTED BY THE FIRM ARE SUBJECT TO THE FOLLOWING CONDITIONS WHICH SHALL PREVAIL OVER ALL CONDITIONS SPECIFIED BY THE BUYER TO THE EXTENT THAT THE LATTER CONFLICT OR ARE INCONSISTENT WITH THEM.

1. DEFINITIONS
(a) "Conditions" means these conditions of sale.
(b) "Order" means the order hereby accepted by the firm;
(c) "Goods" means the goods the subject of the order including goods altered within 10 below;
(d) "Buyer" means the party placing the order.

2. DEFINITIONS
The prices for the goods quoted to the buyer are subject to any increase by the Firm in the prices of such products becoming effective before delivery of the Goods which will be invoiced at the price ruling at date of dispatch.

3. DELIVERY
(a) The Firm will use all reasonable endeavors to keep the agreed delivery dates which are quoted on the basis of existing commitments but will not be liable for delay in delivery however caused. The time of delivery shall not be of the essence.
(b) The Goods will be sent to the buyer at the address he specifies by post, road or rail, as the Firm may decide to be most suitable, and the buyer will reimburse to the Firm on demand the cost of such delivery (including packaging).

4. Packaging
If the goods sent to the Firm for servicing must be carriage paid and clearly marked with the senders name, address and order number.

5. REPAIRS
All goods sent to the Firm for servicing must be carriage paid and clearly marked with the senders name, address and order number.

6. DAMAGE
The Firm will not be liable for loss of damage to the goods during transit unless the Firm and the carriers are notified within 3 days of delivery or (in the case of non-delivery) within 7 days from the date of receipt of the invoice.

7. QUALITY
Goods are not tested or sold as fit for any particular purpose and any term warranty or condition express implied or statutory to the contrary is excluded. In no circumstances whatsoever shall the Firms liability (in contract, tort or otherwise) to the customer, arising under out of or in connection with this contract or the goods supplied hereunder, exceed the invoice price of the particular pieces concerned, and the Firm shall be under no liability, for loss or damage howsoever arising caused by circumstances outside its control. Furthermore, since the Firm has no knowledge of or control over the use to which the Goods may be put, or method of storage applied since leaving the Firms premises the Firm cannot accept any liability for consequential or economic loss however caused, and whether resulting directly or indirectly from any breach of the said terms, warranties or conditions or from any act, neglect or default on the part of the Firm, it's employees or agents.

8. SUITABILITY
The buyer assumes responsibility for the Goods being reasonably suitable for the purpose for which they are required.

9. RISK
Risk in the Goods shall pass ti the buyer on delivery.

10. RESERVATION OF TITLE
Until payment has been received for the Goods by the Firm.
(a) Property of the Goods shall remain in the Firm.
(b) If the buyer in any ways deals with the goods so as to improve them or alter them in kind, the Firm shall be entitled to the benefit of such improvement and alteration if it subsequently reclaims the Goods under (e) below. The Firm shall pay or Credit the Buyer a reasonably sum (as ascertained by the Firm) representing any increase in the realisable value of the Goods caused by such improvement or alteration.
(c) The Buyer shall be at liberty to sell the Goods in the ordinary course of business, but the Firm may revoke this power by notice to the Buyer if the Buyer defaults in payment of the whole or part of the purchase price of the Goods.
(d) The Buyers power of sale shall automatically cease if a receiver is appointed over any of the assets of the undertaking of the Buyer or a winding up order is made against the Buyer or the Buyer goes into liquidation (other than for the purpose of reconstruction or amalgamation) or calls a meeting of or makes any arrangement or composition with the creditors or commits any act of bankruptcy or allows execution to be levied against its or his goods.
(e) Upon determination of the Buyers power of sale, the Firm shall be entitled to retake the Goods and to enter upon the Buyers premises using reasonable force for the purpose of so doing.

11. STORAGE
If any of the Goods are ready for Delivery but are held back as the Buyers request or the Buyer fails to accept delivery, the Firm may require the Buyer to pay reasonable storage charges (as determined by the Firm) after the expiry of 7 days from the date of the Buyer being notified that the goods are ready for despatch.

12. CANCELLATION
Orders placed cannot be altered, suspended or cancelled except with the Firms written consent and on terms which will indemnify the Firm against loss.

13. RETURN OF GOODS
No Goods are to be returned to the firm without the prior consent of the Firm.

14. PAYMENT
Monthly credit accounts, payable in Halifax will be opened on receipt of two approved trade references. Alternatively, arrangements can be made to make supplies C.O.D. or against proforma invoice. If payment is not made on the due date interest will be charged at a rate of 4% per annum over the base rate of Barclays bank Plc for the time being.

15. LIABILITY
The Firm shall not be liable for any consequential of special loss arising out of any breach of condition, warranty or contract on the part of the Firm in respect of the Goods. The Firms liability for any such breach in respect of the Goods shall be limited to their net invoice value or (at the Firms discretion) to replace the Goods.

16. LAW
The contract formed by the Order and this acceptance shall be governed by and constructed in accordance with the English law. Any disputes arising out of these conditions shall be submitted exclusively to the jurisdiction of the English Courts.


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