Terms & Conditions
1. These terms and conditions together with the particulars set overleaf supersede any terms and conditions proposed by the buyer and may not be varied except with the written consent of the seller.
2. The seller reserves the right by notice given at any time before delivery to vary the price of the goods if after the date hereof, there is any increase or decrease in the total cost of such goods to the seller arising from any cause beyond the sellers control. Provided that if any such price variation shall increase the price of the goods by more than 5% over that ruling at the date hereof, the buyer may be by written notice to the seller cancel the undelivered balance of this contract.
3. The seller shall not be liable for:-
(a) Failure to perform any obligation hereunder if such failure was caused by circumstances beyond the seller’s control or,
(b) Delay howsoever caused in performing any obligation hereunder.
4. Each delivery shall be considered a separate transaction and the failure of any one delivery shall not affect the due performance of the contract.
5. All claims for damage to, or partial loss of goods in transit must be submitted in writing to both the carrier and the seller within three days of delivery. In the case of non-delivery of the whole consignment, claims must be submitted in writing to both the carrier and the seller within seven days of the receipt by the buyer (or the buyer’s agent) of notification of despatch of the goods. In the absence of claims within the terms mentioned above the goods shall be deemed to have been delivered in accordance with the contract.
6. All warranties conditions and representatives in the respect of the goods are hereby expressly excluded and the seller shall not be liable for any loss injury or damage arising directly or indirectly from the use, application or storage of such goods. Without prejudice to the above the seller will be prepared to consider claims concerning the quality of the goods provided that such claims are notified to the seller within 7 days of receipt of goods by the buyer and are limited to the invoice value of the goods.
7. The Seller may, without prejudice to its other rights and remedies, terminate this contract if either there shall be any breach by the buyer of any term or condition hereunder or the financial responsibility of the buyer shall, in the opinion of the seller, become impaired or unsatisfactory.
8. The Sellers do not guarantee the suitability of the goods for any specific purpose.
9. Where the buyer has specified that the goods shall be of a certain colour or size, such specifications shall be subject to reasonable commercial variation.
10. When the goods are made or adapted by the seller in accordance with the buyer’s specifications the buyer shall indemnify the seller against all costs, claims and expenses incurred by the seller in respect of the infringement or alleged infringement by such goods of any patents, registered designs, trade marks or other rights belonging to third parties.
11. The prices quoted are those ruling at date of quotation and will be held firm for a period of 21 days.
12. Tools made for the manufacture of goods to be supplied to the buyer shall remain the property of the seller even though the buyer may have been charged with a sum in respect of the cost of such tools.
13. The seller reserves the right to deliver in total up to 5% over or under the quantity of goods ordered.
14. Where the goods comprise or include the buyer’s own materials the sellers shall not be liable for any damage to such materials howsoever caused during the course of manufacturing processing or finishing by the sellers.
15. Both legal and equitable property in the goods shall remain in the seller until the goods have been paid in full. Should the goods be sold before such payment is made the buyer shall hold the proceeds of sale of the goods in trust for the seller.
16. Risk in the goods shall pass to the buyer on delivery.
17. The contract shall be governed by and continued in accordance with English Law. The buyer hereby submits to the exclusive jurisdiction of the English Courts.