a) In the fulfilment of an order these Terms and Conditions shall forms the basis of a binding contract between the vendor and the purchaser.
b) If your official order form contains special printed conditions it is understood that such conditions are only accepted in so far as they are not at variance with these terms and conditions of sale.
a) Whilst we will make every endeavour to adhere to our quoted prices we reserve the right to amend them to those ruling at the date of despatch.
b) All orders are subject to a minimum order value of £25.
c) All prices exclude VAT, Postage and Packing, unless especially quoted inclusive.
3 Postage and Packing
Postage and packing will be charged at cost on all orders unless stated inclusive.
Delivery times are quoted in good faith, but no liability is accepted for failure to despatch within the quoted period.
Payments for goods and services shall be 2% discount for payment within 14 days or net cash due 30 days from date of invoice. Overdue payments will be subject to interest at the rate of 2% per month or part thereof.
6 Description and Data
Every effort will be made to ensure the accuracy of technical data or literature relating to the goods but no liability can be accepted by the Seller for any damage or injury arising directly or indirectly from any error or omission in such technical data or literature.
All goods and services are supplied on the condition that the Seller shall not be liable for any loss, direct or indirect, caused by anything beyond its reasonable control (including industrial disputes) nor for personal injuries or any consequential loss however caused. The Seller shall not be liable for any third party loss or injury however sustained whether applicable to the original customer or a party sold or given on to.
8 Claims and Returns
a) The Seller guarantees at it its discretion to repair or replace free of charge any of the goods found to its satisfaction to be defective within 12 months of the date of delivery owing to faulty design, materials or workmanship, provided the goods have not been modified or repaired by other than the Seller and have been operated, stored and maintained within the Seller’s recommendations for use. In the case of goods not manufactured by the Seller, its liability shall in no circumstances extend beyond the liability to the Seller of the manufacturer of such goods.
b) Goods returned under this guarantee shall be delivered to the Seller’s premises at the Purchaser’s expense and if found not be defective (or when the defect is attributable to the Purchaser’s use) will be returned to the Purchaser at its expense and subject to a testing charge of 15% of the invoice price together with VAT thereon if applicable.
c) In the case of goods repaired or replaced by the Seller, the guarantee shall terminate at the end of the original guarantee period.
d) If goods are received in a damaged condition, the Carrier’s receipt should be endorsed accordingly and notification sent to us with a copy of the Carrier’s receipt within 48 hours of the receipt of the goods.
e) Goods ordered in error (other than those specially made to Purchaser’s order) may be returned at the Purchaser’s expense, subject to the following conditions:
Our written consent must first be obtained.
The return must be effected within 30 days from the date of receipt and the goods must be in a saleable condition.
iii) Acceptable returned goods will be credited at the purchase price less 15% to cover handling and inspection costs together with VAT thereon if applicable.
9 Patent Rights
a) The Seller reserves to itself the full ownership of all inventions, designs and processes, whether patentable or not, which may be made or evolved by the Seller in the course of any work done under the contract between the Seller and Purchaser.
b) The Purchaser warrants that any specifications or designs supplied by it to the Seller will not involve the infringement of any patent, registered design or other industrial property right in the manufacture and sale of the goods by the Seller.
c) The Purchaser undertakes to indemnify and keep indemnified the Seller against all royalties, claims, actions, demands, proceedings, losses and costs in connection with any infringement or alleged infringement of any patent, registered design or other industrial property right in the manufacture, sale or application of the goods arising out of or in connection with the matters described in paragraph 8B.
The purchaser shall not, without first receiving the Seller’s consent in writing, exhibit goods supplied by the Seller at any exhibition, trade display or other promotion.
11 Title and Risk
a) The risk of loss or damage to the goods shall pass to the Purchaser at the time of delivery.
b) The goods shall remain the legal and equitable property of the Seller, and the Purchaser will permit the Seller the right of access to the goods at all times, until payment in full of all monies owed by the Purchaser have been received by the Seller.
If the Purchaser commits any breach of the terms and conditions of the contract or suffers distress or execution or becomes insolvent or commits an act of bankruptcy or enters into any arrangement or composition with his creditors or goes or is put into liquidation (other than solely for amalgamation or reconstruction while solvent) or if a receiver is appointed over any part of the Purchaser’s business, the Seller may without prejudice to any rights which may have accrued or which may accrue to it terminate the contract summarily by notice in writing.
Any question relating to any quotation or contract subject to these conditions or agreed amendment of these conditions shall be determined in all respect the by laws of England.