Terms and Conditions

1.

GENERAL

 

Unless varied in writing and signed by our authorised representative all our contracts for the sale of goods or services are subject to the following terms of business to the exclusion of any terms which you may purport to apply under any purchase order, confirmation of order or any similar document.

2.

PRICE

2.1

The price shall be our quoted price and unless previously withdrawn our quotation is valid for the period stated therein or, when no such period is stated, for a period of 30 days from the date of the quotation.  The price is exclusive of value added tax (“VAT”) which shall be due at the rate ruling on the date of the VAT invoice.

2.2

We reserve the right to increase the price to reflect any increase in our costs due to any factor beyond our control (including, without limitation, currency fluctuation or alteration of taxes or duties, increase in the costs of manufacture or any delay caused by lack of sufficient information from you or the nature of your instructions).

2.3

The price for goods shall be on an ex works basis unless otherwise agreed, in writing, to deliver the goods when you will be liable for the costs of loading and unloading, transport, packaging and insurance.

3.

ACCEPTANCE

3.1

No written or verbal order submitted by you shall be deemed to be accepted by us until confirmed in writing by our authorised representative.

3.2

You will be responsible for ensuring the accuracy of the order (including any specification) and for giving us any necessary information within a sufficient time to enable us to perform the contract.

3.3

If the goods are manufacture to your specification you will indemnify us against any loss, damages, costs and expenses incurred by us in connection with any claim for infringement of any intellectual property rights of any other person or breach of health and safety regulations which result from our use or reliance upon your specification.

3.4

We reserve the right to make any changes in the specification of the goods which are required by applicable safety or statutory requirements or otherwise do not materially affect their quality or performance.

3.5

Save as set out in clause 2.2 above no order which has been accepted by us may be cancelled by you except with our agreement in writing and on such terms as we may specify.

4.

PERFORMANCE

 

We do not accept liability for failure to attain any performance figures quoted by us unless we have specifically guaranteed them in writing and subject to any tolerances specified or agreed to by us.  In that event our liability is limited to a maximum of the contract price.

5.

DELIVERY OF GOODS AND SERVICES

5.1

Delivery of the goods shall be made by you collecting the goods from our premises at any time after we have notified you that they are ready for collection or, if some other place for delivery is agreed by us, by our delivery of the goods to that place.

5.2

Any dates quoted for production, despatch or delivery of the goods or performance of the services are estimates only and we shall not be liable for any delay beyond our reasonable control.  If delivery of the goods does not take place within 3 months of the estimated delivery date you may cancel the contract and any deposit paid will be returned subject to deduction of our reasonable administrative charges.  We shall have no further liability to you.

5.3

Where delivery is by installment each delivery shall constitute a separate contract and we reserve the right to issue any invoice for payment in respect of each installment.  However failure by us to deliver any installment does not entitle you to treat the contract as a whole as repudiated.

5.4

If you fail to take delivery of the goods, fail to give us adequate delivery instructions before the time state for delivery or fail to make timely provision for necessary facilities for the provision of service we may:

 

5.4.1

store the goods until actual delivery and charge you for the reasonable costs of storage including insurance; or

 

5.4.2

sell the goods at the best price reasonably obtainable; or

 

5.4.3

in the case of services charge you for the lost productive time of our representatives

6.

LOSS OR DAMAGE IN TRANSIT

 

When the price quoted includes delivery other than at our works, we will repair or at our option replace free of charge goods lost or damaged in transit provided that we are given notice of such loss or damage in writing within 7 days of delivery as appropriate.  You must hold the goods for inspection to enable a claim to be made on the carrier.

7.

RETENTION OF TITLE

 

The goods shall be at your risk as from delivery but title will not pass until you have paid the price in full and no other sums whatever are due from you.  We shall be entitled to record the price plus VAT and any interest due even if title has not passed.

8.

THIRD PARTY RIGHTS

 

For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of it provisions.

9.

TERMS OF PAYMENT

9.1

We are entitled to invoice you for the price of goods or services at any time after we have notified you that the goods are ready for collection or (as the case may be) we have tendered the goods for delivery or in the case of services upon completion of the whole or the relevant part of the services specified in the contract.

9.2

You will pay the price of the goods or services within 30 days of the date of our invoice without any deduction or set off unless otherwise agreed in writing by us.