a) These terms only govern sales by us unless we expressly agree in writing to any variation.
b) A contract is not made between ourselves and a Buyer until we have accepted his order (whether resulting from quotation of ours or not).
a) Prices are subject to alteration without prior notice and the price ruling at the date of despatch of goods will be the contract price.
b) Unless otherwise agreed, the cost of delivery to any destination will be paid by the buyer for all orders to be delivered.
a) Unless we have at our discretion agreed to grant credit terms, goods must be paid for at the time of order.
b) When we have agreed to grant credit, payment must be made to us no later than the 30th day of the month following that in whichthe goods are invoiced.
c) If any payment is overdue, interest on the sum concerned will be payable at 3% over Royal Bank of Scotland base
lending rate for the time being in force.
d) Credit terms granted may be withdrawn or altered by us without notice.
e) If we consider that a Buyer credit worthiness is impaired, or because of late payment, we may at our absolute discretion and without prejustice to our rights against the Buyer, suspend performance of our obligation under the contract as repudiated by the Buyer.
f) Goods will be invoiced when ready for despatch.
g) We continue to own the goods we produce on your behalf until the invoice is paid in full.
h) When goods are to be delivered in installments, each installment will rank as a separate contract and payment is to be made accordingly. A defect in any delivery instalment shall not entitle the Buyer to suspend, reduce, or refuse to make payment in respect of any of the instalments.
i) The Buyer shall not be entitled to withhold payment of any amount payable under the contract because of any complaint the Buyer might have under Terms 7 to otherwise.
a) Delivery dates quoted are estimates only. We will make every reasonable effort to keep them, but we accept no liability for any financial or other loss or damage (whether direct or indirect) if delivery is nonetheless delayed, nor shall any such delay entitle the Buyer not to accept the payment of goods when they be delivered.
b) We will arrange delivery within the UK by means at our discretion unless the Buyer otherwise requires.
c) The risk to the goods will pass to the Buyer when they are off loaded at their destination if we are the carrier, or on leaving our premises if we are not.
d) Without accepting any liability for the failure in any case to do so we will pursue benefit of the Buyer any claim for damage to, or short, delivery or loss of goods in transit, provided that we and the carrier are notified in writing of the claim within 14 days after the date on the advice note or other dispatch notification in the event of a complete loss and within 5 days after delivery in case of damage or short delivery and in later, case also that on delivery the goods have been signed for unexamined or the damage of short delivery has been recorded on the carriers delivery documentation.
Packing cost will be borne by the Buyer unless in relation to deliveries within the UK only the packing cases and materials to us.
If we are asked to and agree to store the goods or if we have to store goods because of the fault of the Buyer, after the goods are ready for despatch, the Buyer will pay all storage costs and all additional transport and other costs resulting from deferment of despatch. The storage will be at the Buyers risk and will not entitle the Buyer to postpone payment of the goods.
7. GUARANTEE EXTENT OF LABILY
a) We guarantee goods of our own manufacture against defective workmanship. We will at our option repair or replace, free of charge, or refund the nett invoice price (less allowance for any scrap valve) in respect of any such goods which are shown to have been so defective (provided always that the goods have not been subject to undue wear and tear, accident, alteration, excess heat or misuse).
b) The Buyer shall ensure that the goods are made to specification prior to use. The Buyer shall have no claim in respect of defects unless a written complaint is sent to us as soon as the defect is noticed, and no use made of the goods thereafter not alteration made thereto by the Buyer before we are given the opportunity to inspect the goods.
c) Any goods or part not ot our own manufacture incorporated in our goods or merchanted by us are not guaranteed by us but carry only a guarantee given by d)
d) The Buyer is soley responsible ensuring that goods bought from us are fit for any particular purpose and no warranty or fitness for any particular purpose is given o is to be implied in these terms.
e) We shall not be liable for any claims or claims for indirect, consequential or incidental loss of damage made by the Buyer against us whether in contract or in tort arising out of or in connection with any defect in the goods or any other act or omission of us in the performance of the contract.
8. OWNERSHIP OF GOODS
Without prejudice to term 4 (C) The ownership of goods sold by us remain ours until the Buyer should have paid to us the contract price together with the full price of the any other goods the subject of any contract between us and the Buyer, and accordingly we reserve the right of disposal of the goods until all such payment have been made. If before he has paid us the Buyer seels our beneficial interest in them will attach to the proceeds of such re-sale, or to any such proceeds without prejudice to any further claim which we may have against the Buyer in respect of the goods. Our right of disposal of the goods includes the right to enter the premises of the Buyer and take repossession of the goods.
9. INDUSTRIAL PROPERTY RIGHTS
If goods by us to the Buyer design the specifications infringe or are alleged to infringe any patent or registered design rights or copyright the Buyer will indemnify us against all damages, costs and expenses incurred by us as a result of the infringement or allegation. The Buyer will give us all possible help in meeting an infringement claim brought against us.
a) We reserve the right to vary at any time or giving reasonable notice the specification (including materials and construction) and design of goods and supply goods as so varied in performances of any order.
b) Description and illustrations of goods in our publicity material price list and the like are approximate and for general guidance only. Niether they nor any representations made by any of our employee of agents form a part of any contract between ourselves and the Buyer.
a) All drawing design specifications and the like which we supply in connection with a quotation or order remain our property and are confidential; they must not be disclosed to any third party without our written permission.
b) We recognise the need for the confidentiality of customer drawings designs specifications and the like and will preserve the same during the works process.
c) we reserve the right to keep confidential the identity of any sub-contractor where we deem it appropriate.
We reserve the right to sub-contract an order or any part thereof.
13. HEALTH AND SAFTEY
The Buyer will ensure that all information supplied by us on the use of goods (including information of the conditions necessary to secure that use is safe and without risk to health) will be available to and will be applied by his employees and contractors.
14. FORCE MAJEURE
We shall be under no liability for any delay in carrying out or for the non-performance of any of our obligations under these terms caused by any circumstances (including but not limited to war, riot accident fire store flood industrial dispute and supplies of labour shortages) beyond our direct and reasonable control.
15. INSOLVENCY AND BREACH CONTRACT
In the event that:
a) The Buyer shall commit any breach of the contract and shall fail to remedy such breach (if capable of remedy) within a period of thirty days from receipt of notice in writing from us requesting that such remedy or
b) Any distrees or execution is levied upon any of the goods or property of the Buyer or
c) The Buyer offers to make an arrangement with or for the benefit of its creditors or commit any act of being a limited company had or administrator appointed of the whole or any part of its undertaking property or assets or
d) An order is made, or a resolution is passed or anslogous proceedings are taken for the winding up of the buyer (save for the purpose of reconstruction or amalgamation without insolvency and previously approved in writing by us).
e) We shall therefore be entitled without prejudice to our other rights hereunder forthwith to suspend all further deliveries until the default has been made good or to determine the contract and any unfulfilled part thereof or at our option to make partial deliveries. Notwithstanding any such terminations the Buyer shall pay to us at the contract rate for all goods delivered up to including the date of termination.
These terms shall in all respect be construed and have effect according to English Law and the parties agree to submit to the jurisdiction of the English Courts.
WEBSITE TERMS & CONDITIONS
Use by you of this website establishes, and is strictly on the basis of, agreement in full by you, on your own behalf and on behalf of anyone you represent, to the following Terms and Conditions:
1. We reserve the right to amend these Terms & Conditions at any time by amendment to the version posted on the website, whereafter any subsequent use by you of the website will be taken as acceptance by you of the Terms & Conditions in their amended state.
2. You warrant that you are not in breach of any law or order of any court by using this service.
3. You agree that, in visiting and navigating around this website:
4. In the event that any term is held to be invalid by a decision of a court of competent authority, the remainder of these Terms & Conditions shall remain valid and enforceable.
5. The laws of England and Wales shall be the only laws that apply to your use of this website and you agree to submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any claim or dispute arising.
6. All written notices to be given to us shall be sent by post to Unit 59 Station Road Industrial Estate, Hailsham, East Sussex, BN27 2ES.