| GENERAL TERMS AND CONDITIONS OF SALE |
- QUOTATIONS AND ORDERS
The vendor is bound by written orders only, verbal agreements and
quotations which are unconfirmed in writing are not binding on the
Vendor. Only those goods specified in writing shall be considered part
of the purchase agreement. A subsequent amendment of the order by
the purchaser shall not exempt him from paying for goods which have
already been produced. The Vendor reserves the right to annul the order
in case of acts of war, strikes, lock-outs, force majeure or similar. Every
quotation is given conditional upon the goods being in stock.
- V.A.T.
Goods are sold subject to value added tax at the rate applying at date
of despatch.
- PRICES
All prices quoted are as at date of quotation, the Vendor reserves the
right to make changes according to the price applicable on date of
delivery.
- DELIVERY/NON STANDARD PRODUCTS
Delivery dates are estimated only and the Vendor shall not be liable for
delay in delivery. The Vendor reserves the right to alter agreed delivery
dates by reason of insufficient data or information supplied by the
buyer, and if, during the course of manufacture, there should arise
changes in the supply of materials, wages, rates of currency exchange
or other circumstances beyond the Vendor's control including lockouts,
strikes, acts of war, fire, import or export restrictions or measures
introduced by public authorities etc. With respect to the supply of non
standard and printed goods, the Vendor reserves the right to deviate
from the ordered quantity by an amount of plus or minus 10%.
- CANCELLATION OF ORDER
The Vendor shall not be obliged to accept any cancellation of an order
by the customer except in its own absolute discretion. A 20% handling
charge will be imposed on all returns.
- COMPLAINTS
Complaints shall be made in writing and shall reach the Vendor no later
than five days after the goods have been received. The Vendor's
representatives are not authorised to give binding guarantees or
declarations which have not been approved by the Vendor's head
office.
- LIMITED LIABILITY
In the event of a claim against the Vendor in respect of any matter
whatsoever the Vendor's liability (if any) shall be limited to the
replacement of the goods sold by the Vendor in respect of which the
liability arises. Under no circumstances whatsoever shall the Vendor be
liable for consequential loss or damage howsoever arising.
- PAYMENT TERMS
Payment terms are net 30 days and no discount is allowable in
consideration of settlement on or before the due date unless previously
agreed with the Vendor and confirmed in writing. The Vendor reserves
the right if payment has not been made by the due date, to withhold
further deliveries. The Vendor reserves the right to charge interest at a
rate of 3% above the current HSBC base rate on the amount
outstanding for each and every month, or part thereof, of the amount
remaining unpaid.
- TITLE
The property in the goods shall not pass to the buyer until the buyer has
paid to the Vendor the whole price thereof together with the full price
of any other goods the subject of any other contract with the Vendor. If
notwithstanding that the property in the goods has not passed to the
buyer, the buyer shall sell the goods in such manner as to pass to a third
party a valid title to the goods, the buyer shall hold the proceeds of such
sale in trust for the Vendor (in a separate account). The buyer agrees
that prior to the payment of the whole price of the goods, the Vendor
may at any time enter upon the buyer’s premises and remove the goods
therefrom and prior to such payment the buyer shall keep the goods
separate and identifiable for this purpose.
Nothing herein shall constitute the buyer the agent of the Vendor for
the purposes of such sub-sale. Notwithstanding that property in the
goods shall not pass to the buyer save as provided as above, the goods
shall be at the risk of the buyer from the time of collection by/or
delivery to him of the goods. Stereos and rubber blocks which are
subject to regular replacement during production remain the property
of the Vendor even though the initial manufacture has been at
purchaser's expense. Magnesium or zinc blocks debited to purchaser's
account remain the property of the purchaser and will be delivered on
request. The contract of sale shall be deemed cancelled by mutual
consent in respect of any goods which the Vendor shall repossess in
accordance with this clause. The Contract shall be subject to English
law.
- VARIATIONS
No variation to these conditions shall be effective unless expressly
made in writing by authorised representatives of the Vendor.
- DESCRIPTION OF GOODS
The description of the goods contained in the Vendor's
acknowledgement of the buyer's order shall be deemed to be the
correct description of the goods unless the buyer notifies the Vendor in
writing to the contrary within 7 days of the receipt by the buyer of such
acknowledgement. The Vendor cannot be held responsible for any
inaccuracies in specifications and sales literature passed on from the
Vendor's suppliers.
- REPRESENTATIONS
The Vendor's employees are not authorised to make any
representations as to the life or wear of the goods supplied or that they
will be suitable for any particular purpose or for use under specific
conditions. The Vendor hereby excludes any oral representation.
- STORAGE
If for reasons beyond the buyer's control the buyer is unable to accept
delivery of the goods at the time when they are due and ready for
delivery, then the Vendor may if its storage facilities permit store the
goods and safeguard them and take all reasonable steps to prevent their
deterioration until the actual delivery and the buyer shall be liable to
the company for the reasonable cost (including insurance) of so doing.
In all other cases however where the buyer refuses or neglects to take
or accept delivery of the goods the Vendor shall be under no obligation
to store or safeguard the products and shall not be under any liability
to the buyer for any deterioration in the products arising from the time
when delivery was offered and actual date of delivery.
- ALLIED CONTRACTS
The remedies available to the Vendor for breach or non-observance of
the conditions of this contract to be performed by the buyer shall be
available to the Vendor in the event of the buyer breaching any of such
obligations or any collateral or separate contract between the same
parties in force at the date of acceptance of the order to which these
conditions apply. Such rights available to the vendor shall apply in the
event of a breach by the buyer or any associated or subsidiary company
of the buyer at any time in a contractual relationship with the Vendor.
- TERMINATION OF CONTRACT
If the buyer shall make default in or commit a breach of the contract of
any of its obligations to the Vendor or if any distress or execution be
levied on the buyer's property or assets or if the buyer should make or
offer to make any arrangement or composition with its creditors or
commit an act of bankruptcy or if any petition or receiving order in
bankruptcy shall be presented or made against him or being a limited
company or corporation any resolution or petition to wind up the
company's business other than for the purpose of voluntary
reconstruction or amalgamation shall be passed or presented or if a
Receiver of such company's assets undertakings and property or any
part thereof shall be appointed then the Vendor shall have the right
forthwith to determine any contract then subsisting and upon written
notice of such determination being posted to the buyer at the buyer's
last known address or registered office any subsisting contract shall be
deemed to have been determined without prejudice to any claim or
right the Vendor may otherwise make or exercise.
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