| Unless varied by endorsement on
our contract note goods are sold only upon the following conditions
which shall override any conflicting terms in your order.
Quotations
Quotations are valid for sixty days only and are subject to our
written acceptance of your order.
Payment
Net cash shall be paid by the twenty-fifth day of the month following
the date of invoice. Default in payment of any invoice for stage
or other payment shall entitle us to treat any outstanding contracts
between us as repudiated by you.
Price Variation
Prices may be subject to revision in the event of any variation
in costs incurred by us after our acceptance of your order. V.A.T.
not included in the quotation or invoice will be added where applicable.
Delivery
Delivery shall be at your nominated point of delivery which if you
or your contractors collect or if no written nomination has been
received by the time the goods are ready shall be our premises.
Any date or period given shall be approximate though we will make
every effort to meet it and no delivery shall be overdue until you
have made a written request for delivery and given us reasonable
time to comply with it.
Delayed Acceptance
Provided any stipulated date or period for delivery has expired,
goods whether wholly or partly fabricated remaining on our premises
or in the hands of the forwarding agent by your request or default
thirty days after written notice to you, may be invoiced whereupon
payment shall forthwith become due together with interest and storage
charges. Thereafter the goods will be held at your risk.
Erection
All skilled and unskilled labour for offloading and erection, and
Engineer's time in starting the machinery or attending thereto after
starting will be charged extra including time travelling to and
from site, plus fares, expenses and accommodation at cost. You will
provide suitable lifting tackle for off loading and erection, and
all fuel, stores, materials or instruments required for any preliminary
working or tests will be charged extra.
Tests
If special tests or tests in the presence of you or your representative
are agreed upon between us they shall take place unless otherwise
agreed, at our Works, and will be charged extra. In the event of
any delay on your part in attending such tests after seven days
notice that we are ready, the tests will proceed in your absence
but shall be deemed to have been made in your presence.
Ownership
Title in the goods shall remain with us until payment is received
in full.
Packaging Designs
(a) Designs, sketches, lay-outs, etc. originated by us are submitted
in confidence and unless otherwise agreed in writing they and the
copyright in them will remain ours. We cannot accept any responsibility
for errors in drawings or specifications approved by you. You will
be responsible for any printed matter approved by you and for any
design shape or construction to your specification and shall indemnify
us against any claim arising therefrom.
(b) Jigs, tools, and equipment provided by us
remain our property whether or not a charge is made towards their
costs unless you have placed a specific order for such equipment
which we have accepted.
Strikes etc.
Every effort will be made to carry out the contract but its due
performance is subject to cancellation by us without compensation
or to such variation as we may find necessary as a result of scarcity
of labour materials or supplies or because of any Act of God, war,
strike, lock-out or other labour dispute, fire, the elements, legislation
or other cause (whether of the foregoing kind or not) beyond our
control.
Warranty
All goods supplied shall be free from defects of material or workmanship.
If within twelve months of date of despatch from our works we are
satisfied that any part shows defective material or workmanship
and it is returned carriage paid we agree to replace or (at our
option) repair the part free of charge. No guarantee as to quality
is given or shall be implied as regards second-hand goods unless
specifically so stated. Our obligations under this clause are subject
to your compliance in full with all the provisions of the contract.
No warranty is given that goods supplied are suitable for purposes
other than those which you make expressly known to us.
Claims
The contract shall be deemed to have been duly performed and the
goods accepted unless a written claim is received:-
(a) in respect of damage, delay or partial loss
in transit - by both us and the carrier within three days of delivery.
(b) in respect of non-delivery - by both us and
the carrier within twenty-eight days of despatch for deliveries
within the EU, and within two months thereof for deliveries elsewhere.
(c) in respect of any matter - by us within twenty-eight
days of delivery. Goods subject to clam must be stored free of charge
for our inspection.
Waiver
Our rights shall not be affected or restricted by any indulgence
or forbearance to you. No waiver by us of any breach shall operate
as a waiver of any later breach.
Liability
The rights conferred by these conditions shall so far as legally
possible replace and exclude all common law, statutory or other
warranties or conditions whether expressed or implied. Save as specifically
mentioned above we do not accept liability, whether in tort or contract
or otherwise, for any direct or indirect loss or damage, however
arising.
Contract
No variation of these conditions or the particulars in the order
and acceptance shall be valid unless agreed by us in writing.
Guarding
In our opinion the equipment included in our quotation is safe and
without risks to health when properly used and we acknowledge our
obligations under the Health and Safety at Work etc. Act, 1974.
The equipment also complies with the seller's obligations under
Section 17 of the Factories Act 1961. The estimate includes reasonable
guarding as shown but we give no warranty or guarantee whatsoever
that such guarding is sufficient for the purpose of the Factories
Act. That is your responsibility. If further guarding is required
we shall supply it at additional cost to you.
Customs Duties/Taxes/Licences
Our quotation does not include any Customs Duties, or local taxes
and assumes that you have taken the necessary steps to ensure that
any Import Licences have been obtained. Any costs or claims resulting
from a failure to make such arrangements shall be solely your responsibility.
Purchasers Indemnity
It is a condition of any contract that you indemnify us against
any costs claims and demands arising and made under any consumer
legislation which are in consequence of any defect or alleged defect
in a product ("the subsequent product") manufactured and/or
supplied by you in which goods supplied by us are comprised where
the defect is attributable to the design of the subsequent product
or to compliance by us with instructions given to you.
Damage Loss or Pilferage
in Transit
No claim in respect goods lost or damaged in transit will be entertained
if the risk has passed to you before the occurrence thereof or;
if the carrier has been given a clear receipt for the goods or if
the carrier is not notified in writing of such loss or damage and
of the particulars thereof within what we consider is a reasonable
time.
Experimental Work
Unless otherwise agreed all work produced in an experimental way
at your request will be considered an order and the cost of such
work including all drawings, designs, specifications and materials
will be charged extra.
Law
English law applies.
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