|
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.
|