Conditions of Sale
General
All goods the subjects of this Contract are sold only upon the following terms and conditions unless otherwise agreed by the Seller in writing.
Quotations
Any acceptance by the Buyer of a quotation made by the Seller shall not constitute a Contract until such acceptance is confirmed by the Seller in writing.
Warranty
The Seller warrants only that the goods delivered shall be in accordance with the specification or if there is no such specification to be within normal limits of industry quality.
Delivery
The Seller will in all cases attempt to effect deliveries on time but can in no circumstances accept any liability for loss or damage suffered by the Buyer as a result of delays. The Buyer should always, therefore, ensure that all orders are placed sufficiently in advance to meet their own deadline.
Acceptance of Goods
The Buyer should always inspect the goods immediately on delivery and shall within 3 days of delivery, contact the Seller if there is any reason that they allege the goods delivered are not in accordance with the Contract. If the Buyer fails to contact the Seller within this period the goods shall be deemend to be in accordance with the Contract and the Buyer then bound to accept and pay accordingly.
Quantity Variations
The Seller shall be entitled to deliver 10% more or less than the quantity ordered and invoice accordingly.
Fitness of Goods for the Purpose
The Buyer is solely responsible for the suitability of the goods ordered and for the purpose of use. The application, use, and the processing of the products are totally beyond the Sellers control and therefore, entirely the Buyer’s responsibility.
Limitation of Damage
The Seller shall have no liability for any indirect or consequential losses suffered by the Buyer however cause including but not limited to loss of anticipated profits, goodwill, reputation, business receipts or contracts, or losses or expenses arising from third party claims. Any liability on the Seller’s behalf will be limited to the value of the goods used by the Buyer.
Reservation of Property
The goods shall pass to the Buyer on delivery but the property of the goods shall not pass to the Buyer until payment of all monies owing to the Seller, under this contract or any other contract with the Seller, have been received. The Seller reserves the right, if monies are owing, to enter the premises of the Buyer where such goods are stored and remove such goods from the premises.
Price
Prices, unless otherwise stated, shall be ruling at date of despatch. The Seller reserves the right to increase, without notice, the price of goods supplied and to take account in its charges increases due to labour or materials or fluctuations in currency etc.
Payment Terms
Unless specified otherwise in the order acknowledgement payment in full is due 30 days from the date of the invoice. In the event of any payment becoming overdue without prejudice to any other rights the Seller shall be entitled to charge interest at the rate of 2% per annum above HSBC plc minimum lending rate until payment is received in full and may suspend or cancel deliveries of any goods due to the Buyer.
Information and Samples
Any samples, information, drawings etc either verbal or in writing submitted by the Seller are intended as a guide only and must not be taken as binding and therefore shall not be deemed as sale by sample or description. Although every precaution is taken to ensure accuracy of information contained in catalogues, price lists, or any other advertising matter, no liability is accepted by the Seller for incorrect or misleading information given. This applies to any member of staff, representative or agent of the Seller.
Termination of a Contract
The Seller shall be entitled to cancel this contract and suspend any further deliveries under the contract without any liability to the Buyer If the Buyer fails to comply with the terms of this agreement. If the Buyer is adjudicated bankrupt, or have a receiving order made against him or enters into an arrangement with creditors, or becomes subject to an administration order, or a winding up order is made against it.
Third Party Rights
The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to these conditions.
Force Majeure
The Seller shall have no liability in respect of any failure or delay in fulfilling any of the Sellers obligations if the fulfilment thereof is prevented or delayed or rendered uneconomic as a consequence of any cause beyond the Sellers reasonable control. Such causes shall include but are not limited to the following.
Act of God, explosion, flood, tempest, fire or accident War or threat of war, sabotage, insurrection, civil disturbance or requisition Actions, restrictions, regulations, prohibitions or measures of any kind on the part of any national or local authority or government department. Import or export regulations or embargoes Strikes, lock-outs, or other industrial relation or trade disputes Delays or cancellations of deliveries or services by third parties or shortages of parts or raw materials Power failure or breakdown in machinery
Jurisdiction
This contract is governed by English Law.
