1.      Unless expressly accepted by the Sellers in writing any qualification to the conditions appearing in a Buyer’s order will be treated as inapplicable and not binding on the Sellers in any way whatsoever.

 

2.      The Sellers shall not be liable in respect of any claim for damage in transit or loss through damage in transit unless the carriers and the Sellers are notified in writing within three days of the arrival of the damaged consignment or any claim for short or non-delivery unless the Sellers are notified of non-arrival within 21 days of the date of invoice.

 

3.      The time stated for delivery shall be adhered to as closely as possible but no responsibility is accepted by the Sellers for unforeseen delays. 

 

The Sellers accept no responsibility for delay caused by force majeure, plant breakdown, shortage of raw materials, strikes, lock-outs or other circumstances outside the Sellers control.

 

4.      The Sellers will maintain the quoted price as acknowledged by the Sellers, but reserve the right to amend this if there are fluctuations in the price of raw material or cost of labour, or other items which directly effect the sell pricing acknowledged.

 

5.      Goods returned without the consent of the Sellers cannot be accepted for credit.

 

6.      All quotations made and all orders and contracts taken by agents of the Sellers are not accepted until confirmation is sent by the Seller’s Head Office.

 

7.      Any claim relating to goods delivered under this contract must be notified within 14 days from the date on which goods are received by the Buyer or his agent.  No claim will be entertained by the Seller after the expiration period.  Under no circumstances can the Sellers accept a claim for faulty goods or shortages when the goods are not available for inspection in their original state.  Claims in respect of alleged faulty goods shall not be grounds for withholding payment of accounts and shall not give the buyer any right to set-off payments due to the Sellers.

 

8.      Should default be made by the Buyer in paying any sum due under any order, as and when it becomes due, the Sellers have the right (without prejudice to any claim for damages that the Sellers may have against the Buyer) either to suspend all further deliveries until the default be made good or to cancel the Order so far as any further goods remain to be delivered.  On balances outstanding interest at bank rate plus 5% may be charged.

 

9.      Any conditions which appear in any quotation made to the Buyer in respect of an Order referred to are hereby declared and agreed to be incorporated in these conditions of sale.

 

10.  The price quoted is for the quantity shown and is not necessarily the price applicable to other quantities.

 

11.  Carriage on despatches will be charged in accordance with our quotation, or as otherwise agreed in writing.

 

12.  The Sellers shall have the right after notice to suspend deliveries under this and any other contract (even though the Buyer is not in arrears with any payment) where the Sellers consider the amount outstanding in the Buyers account (whether actually due for payment or not) is the limit to which the Sellers are prepared to allow credit.

 

13.  If the Buyer defaults in taking delivery or giving instructions as to delivery or any goods after the Sellers have given notice in writing requiring him to do so the Sellers shall be entitled either to, store the goods themselves making a reasonable charge to the Buyer for such storage or to store the goods with third parties charging the cost of such storage to the Buyer and in either event to charge the Buyer with all costs of insurance, handling and other expenses incurred.

 

14.  Notwithstanding delivery, the property in the goods shall remain in the Sellers until the Buyer has paid in full all that is owing to the Sellers, in respect of goods supplied under this contract.  If such payment is overdue in whole or in part the Sellers may (without prejudice to any of their other rights) recover or resell the goods or any part of them and may enter upon the Buyer’s premises for that purpose.  If any of the goods are incorporated in other goods before such payment, the property in the whole of such other goods shall be transferred to and remain with the Sellers until such payment has been made.

 

15.  Warranties: Whilst the Seller will endeavour to execute orders in accordance therewith all conditions, guarantees or warranties including guarantees or warranties as to quality or description or the goods or their life or wear and tear or their use under any conditions whether known or made known to the Seller or not and whether written or oral are hereby excluded.  Subject as otherwise expressly provided in these Conditions the Seller shall be under no liability of whatsoever kind howsoever caused whether or not due to the negligence or wilful default of the Seller or its servants or agents arising out of or in connection with the goods.

 

16.  Moulds and tools whether charged for separately or included in the quoted price, remain the property of the Sellers unless otherwise stated in writing.

 

17.  We must be advised if these goods are not delivered within 14 days of this Advice.  No claims can be entertained unless consignments are signed for “Condition of Contents unknown” and any breakage, damage or shortage advised to carrier and ourselves within 3 days of receipt.

 

18.  Terms of Payment: 30 days following month of invoice, unless otherwise agreed in writing.

 

19.  The Contract shall be governed and construed by the Law of England.

 

 

Issue 2   March 2006