CONDITIONS OF SALE - (‘The Company’)
1. GENERAL - Contracts and orders can only be accepted upon and subject to our Conditions of Sale as set out hereunder. Where the Purchaser’s written conditions and warranties' conflict with these conditions, the Company’s conditions shall prevail unless otherwise specifically agreed in writing.
2. TERMS OF PAYMENT - Terms of payment are strictly nett monthly account, that is payment on or before the end of the month following the month during which the invoice is dated.
The Company shall have the right in its absolute discretion following non-observance of the above payment terms, and notwithstanding any contract the purchase may have made with a third party, to terminate without notice any agreement to make supplies to any person or to refuse or limit the amount of credit to be given to any person and to withhold supplies from any person.
3. ALTERATION TO PRICES & TERMS - The Company reserves the absolute right at any time to alter any of its selling prices and to alter the terms that it allows to any purchaser without any notice whatsoever. In respect of goods delivered after any such change of price or change of terms, the price charged or terms applicable shall be those current at the date of despatch of the goods. Subject thereto the Company will make every endeavour to give forward notice of any alteration of selling prices.
4. TITLE - The Company reserves to itself the title in the goods until such time as payment therefore is received and it shall be at liberty on its own account to sell or otherwise deal with or dispose of all goods supplied in such manner as it may deem fit until such time as payment for the goods is made.
5. DELAY IN DELIVERY - Orders will be despatched as quickly as possible having due consideration to any quoted delivery dates, but so long as any circumstances whatsoever may prevent, hinder or delay delivery the Company shall not be bound to make delivery of any goods which it may have contracted to sell or supply and the Company shall not be liable for any consequential loss or damage or in any manner whatsoever for failure or delay in delivery when so prevented hindered or delayed.
6. (a) RISK - From the time of receipt by the purchaser until such time as payment shall be made for the goods the goods shall be at the risk of the purchaser and any loss of or damage to or deterioration of the goods from any cause whatsoever other than negligence of the Company shall be the responsibility of and be borne by the purchaser.
6. (b) RISK - In the event of negligence by the Company being established the liability of the Company for such loss or damage mentioned in sub-clause (a) above shall be limited to the invoice value of the goods.
(a) All conditions and warranties whatsoever as to the quality and fitness for any particular purpose of the goods supplied whether statutory or otherwise are hereby expressly excluded but every care will be taken to ensure that goods supplied will conform to the Company’s Standards or to specification (within the limits of reasonable commercial accuracy).
(b) In the event of the Company recognising that the goods supplied do not conform to the Company’s standard or to specification (within the limits of reasonable commercial accuracy) the Company will in assessing the value of any allowance or replacement which it may agree to make have regards to the extent and the nature of the defect, the information given by the purchaser as to the application of the goods, the service which the goods may already have given and all other circumstances of the case, but in any event the Company’s maximum liability in all cases shall be limited to the invoice value of the goods supplied.
(c) The Company accepts no liability for consequential loss of or damage to property which is attributed to the failure of the goods supplied (whether or not the Company is the manufacturer of the goods) whether due to accident, abuse, incorrect technical assessment by the Company or its representative of for any other reason whatsoever.
8. VARIATION - Any indulgence granted by the Company to a Purchaser or any waiver by the Company of its rights under these conditions in respect of any particular transaction or series of transactions shall not be deemed to be a waiver of the Company’s rights in respect of any further transactions nor to be an agreement to confer the same indulgence in respect of any subsequent transactions.
9. CONSTRUCTION - The Contract shall be construed according to the Law of England and shall be subject to the jurisdiction of the English Courts.