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1.
GENERAL
a) All quotations are made and all orders accepted
subject to the following conditions. Notwithstanding
any previous course of dealings between the company
and the customer. All other conditions whatsoever
are excluded from the contract or any variation
thereof unless expressly accepted by the Company
in writing.
b) Quotations shall only be available for acceptance
for a maximum period of one week from the date thereof
and may be withdrawn or altered by the Company within
such period at any time without notice.
c) Materials from stock are offered subject to the
same being unsold upon receipt of the order.
d) If any statement or representation has been made
to the Customer other than in any documents which
may have been enclosed with the Company's quotation
and upon which the Customer relies the Customer
must set out that the statement or representation
in a document to be attached to or endorsed on its
order. In which event the Company may clarify the
point and submit a new quotation.
2. PRICES
a) The price quoted represents the current price
of the Company ruling at the date of quotation
and the Customer accepts the trade usage that
the contract price shall be the current price
of the Company exclusive of V.A.T. ruling at the
date of despatch.
b) All prices stated net ex Works.
c) The cost of packaging if required by the customer
shall unless otherwise stated be charged extra.
The cost of packing cases and boards will be credited
in full to the Customer on their return to the
Company in good condition carriage paid.
3. DELIVERY
a) Time for delivery is given as accurately as
possible but it is not guaranteed. The Customer
shall have no right to damage or to cancel the
order for failure for any cause to meet any delivery
time stated.
b) The Company will endeavour to comply with reasonable
requests by the Customer for postponement of delivery
but shall be under no obligation to do so. Where
postponement is agreed by the Company in writing
the Customer shall if required by the Company
pay all costs and expenses including a reasonable
charge for storage occasioned thereby.
4. DEFECTIVE DELIVERY
AND DAMAGE IN TRANSIT.
a) The Customer shall have no right to claim for
(i) shortages or mis-delivery, or
(ii) defects unless apparent on inspection,
unless
(I) the Customer inspects the goods forthwith
on delivery.
(II) a written complaint is sent to the Company
within seven days of delivery specifying the shortage
or defects and a written complaint is sent to
the carrier within three days of delivery or such
longer period as the carriers conditions permit,
and
(III) the Company is given an opportunity to inspect
the goods before any resale or use is made thereof
or any alteration or modification made thereto
by the Customer.
If a complaint
is not made to the Company or the Carrier as provided
by this Condition then the goods shall be deemed
to have been delivered in the correct quantity
and free of defects apparent on inspection.
b) All allegations of total non-delivery or any
consignment of the goods must be made by the Customer
in writing to the carrier and to the Company within
ten days of the date of the Company's advice note
or invoice or other notification of despatch or
such shorter time limit as may be specified in
any conditions of the carrier. Failure by the
Customer to comply with the provisions hereof
shall render the Customer liable for the any temporary
or permanent loss of the goods and all additional
costs and expenses of the Company in relation
thereto.
5. CANCELLATION
Cancellation will only be accepted by the Company
in writing and on condition that all costs and
expenses incurred by the Company up to the time
of cancellation, and all loss of profits and other
loss or damage resulting to the Company by reason
of such cancellation will be reimbursed by the
Customer to the Company forthwith.
6. RISK AND TITLE
a) Risk shall pass to the Customer when the goods
or the relevant part thereof leave the premises
of the Company for delivery to the Customer notwithstanding
that the Customer may arrange for delivery.
b) (i) Title in the goods shall pass to the Customer
when payment in full has been made under the Contract
and the Customer shall permit the servants or
agents of the Company to enter on the Customer's
premises and to repossess the goods at any time
prior thereto
(ii) The Customer shall only be at liberty to
resell the goods purchased from the Company prior
to the passing of title on the understanding that
if it does resell the goods then it will hold
on trust for the Company so much of the proceeds
of sale received by it, under contracts which
include any of the goods hereby sold either in
their original or altered state as are necessary
to discharge payment in full to the Company.
(iii) The Customer shall only be at liberty to
mix the goods with others or use them in the process
of manufacture prior to the passing of title with
the consent of the Company in writing which such
consent shall not be unreasonably withheld providing
that suitable guarantees are given by the Customer
to discharge payment in full at the due date under
this Contract for sale to the Customer.
7. RETENTION OF
TITLE
The Company will retain all monies and reservation
of title on all goods delivered until payments
have been received in full.
8. TERMS OF PAYMENT
a) All accounts shall be net monthly and due and
payable by the Customer not later than the last
day of the month following the date of despatch
from the Company's premises unless an alternative
agreement is in place.
b) No disputes arising under the contract or delays
beyond the control of the Company shall interfere
with prompt payment by the Customer.
c) In the event of default in payment by the Customer
in accordance with the above terms the Company
shall be entitled without prejudice to any other
right or remedy:
(i) To suspend all further deliveries without
notice.
(ii) To exercise its statutory right to claim
interest and compensation for debt recovery costs
under the Late Payment of Commercial Debts (Interest)
Act 1998 and the Late Payment of Commercial Debts
Regulations 2002.
(iii) To withdraw all credit facilities without
notice.
(iv) To claim immediate payment of all invoices
rendered including those within the credit period.
(v) To be paid its legal costs on an indemnity
basis (Church Commission v Ibrahim).
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9.
MEASUREMENTS AND QUALITIES
a) All weights and dimensions quoted are subject
to recognised tolerances + or - 10%.
b) Steel bars, sections and tubes may be purchased
by the Customer in random lengths or cut to size.
Where the Customer requires cut lengths the recognised
margin for cutting shall apply.
c) The Company shall not be liable for any discrepancy
with regard to weights, measurements or quantities
of materials supplied unless the Customer has notified
the Company in writing of such discrepancy within
seven days of receipt of the goods by the Customer
or on his behalf. Reasonable opportunity of inspection
and of witnessing re-weighing must be afforded to
the Company before the goods have been used, processed
or re-sold by the Customer. Where any discrepancy
(subject to recognised tolerances as herein contained)
is revealed and accepted by the Company, the Company
shall rectify, replace or credit (at its option)
the Customer accordingly no further right of action,
set off or counter claim shall subsist against the
Company in respect of such discrepancy.
10. DATA
Illustrations, weights, measurements, performance
capabilities, application suitability information
and other data set out in the sales literature
of the Company are statements of opinion and are
provided for information only and form no part
of the Contract.
11. GUARANTEE
a) Save as provided by sub-clause b) of this condition,
the Company agrees to replace goods or at its
option repay the Customer all sums paid in respect
of goods supplied by it which are proven to the
Company's satisfaction to be faulty (fair wear
and tear or damage due to misuse excepted) provided
that such fault be notified in writing within
one month from the date of delivery to the Customer.
Any such replacements shall include free delivery
to the Customer's works. This Guarantee is given
in lieu of the implied conditions and warranties
contained in Sections 13, 14 and 15 of the Sale
of Goods Act, 1893, as amended and any other conditions
or warranties implied by trade, custom, usage
or statute which are hereby expressly excluded.
The Customer hereby acknowledges:-
(i) That it fully appreciates, that the Company
act as stockists and merchants only and are in
no way concerned with the manufacture of the goods.
(ii) that the goods were purchased by it relying
totally on its own assessment as to fitness for
the purpose required and having regard Commission
Decision No. 31/53/ECSC (as amended from time
to time) to the facility for inspection and testing
by it whether or not it took advantage of the
facility for such inspection and testing offered
to it by the Company.
(iii) that it purchased the goods in a competitive
market and that the bargaining strength of the
Company was in no way a relevant factor in the
purchase of the goods from the Company.
(iv) that it purchased the goods in the course
of business and not for private use.
(v) that it knows the extent of the meaning of
this clause and the limitations thereby imposed
by it upon Sections 13, 14 and 15 of the Sale
of Goods Act 1893 as amended.
b) The company's liability for all goods or materials
or services supplied by it not manufactured or
performed by it as the case may be shall be limited
to the liability of the manufacturers or suppliers
of such goods and/or services to the Company and
the Company's liability on delivery shall be limited
to the liability of the Carrier to the Company
in respect of such delivery whether or not the
extent of the manufacturer's, supplier's or carrier's
liability is made known to the Customer.
12. LIABILITY
a) The Company's liability whether in respect
of one claim or in the aggregate arising out of
any contracts shall not exceed the purchase price
payable under the contract for such part or parts
in respect of which the Company's liability shall
arise.
b) Except as specifically provided in these conditions
no liability is accepted for any direct or indirect
costs, damages or expenses relating to damage
to property or injury or loss to any person, Firm
or Company or for any loss of profits or production
arising out of or occasioned by any defect in
or failure of goods or materials or parts thereof
supplied by us.
c) The Company does not accept any liability for
penalties incurred by the Customer due to late
delivery, unless expressly specified in writing
in the contract.
13. TESTING AND
INSPECTION
a) Testing and inspection if specified by the
Customer or his Agent shall be at the Company's
Works and such testing and inspection shall be
final and conclusive as to the results thereof.
b) The Company shall not be obliged to produce
test and performance certificates or safety certificates
unless requested by the Customer and accepted
by the Company in writing.
14. LIFTING
Bundling of materials is carried out only as a
means of identification and/or separation and
for safety reasons the bundling wires or strapping
must not be used for lifting purposes.
15. REGULATIONS
All quotations and contracts are subject to appropriate
Ministry or other Statutory Orders and Regulations
and to any other Statutory Regulation from time
to time applicable and shall be subject to variation,
modification or addition in accordance with such
Orders and Regulations and all materials subject
thereto shall be charged as the control price
ruling at the time of despatch.
16. a) FORCE MAJEURE
The Company shall be under no liability for any
delays loss or damage caused wholly or in part
by war, civil commotion, act of God, or by any
act done or not done pursuant to a trade dispute
whether such dispute involves the Company's servants
or not.
b) FIRE AND BREAKDOWN OF MACHINERY
The Company shall be granted all necessary time
and other indulgences necessary in the event of
fire and breakdown of machinery or other circumstances
beyond its reasonable control and shall not be
liable for any delays loss or damage caused thereby.
17. If the Customer
shall make default in or commit a breach of the
contract or of any other of his obligations to
the Company or if any distress or execution shall
be levied upon the Customer's property or assets
or if the Customer shall make or offer to make
any arrangement or composition with creditors,
or commit any act of bankruptcy, or if any petition
or receiving order in bankruptcy shall be presented
or made against him, or if the Customer is a limited
company and any resolution or petition to wind
up such company's business (other than for the
purpose of amalgamation or reconstruction) shall
be passed or presented, or if a receiver of such
company's undertaking, property or assets of any
part thereof shall be appointed, the Company shall
have the right forthwith to determine any contracts
then subsisting and upon written notice of such
determination being posted to the Customer's last
known address any subsisting contracts shall be
deemed to have been determined without prejudice
to any claim or right the Company may otherwise
make or exercise.
18. These conditions
and this contract shall be subject to and contrived
in accordance with English law.
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Industrial Metal Services 2008 All Rights Reserved ......................................Terms & Conditions