General Sales Conditions which are aimed to simplify negotiations and to rationalize the handling of contracts and contract relations.
1 The company only does business on these terms and conditions and orders are accepted and are undertaken subject to the incorporation of these clauses and to the exclusion of any conditions not in agreement therewith and in particular of any conflicting items of business of the purchasers.
2 All quotation made and all orders and contracts accepted by representatives or agents of the sellers are subject to confirmation of the company's head office.
3(a) Any time or date named by the company for delivery is intended as an estimate only and the company shall not be liable for damages or otherwise for any loss occasioned by delivery after an estimated date nor shall the purchaser have any right to rescind the contract when delivery is delayed for any reason whatsoever. (b) Where deliveries are to be called off from an order and no schedule dates are given then the company reserves the right to invoice the balance of the order 12 months after the date of the initial shipment.
4 New accounts - two approved trade references and one banker's reference must be submitted before credit accounts can be opened.
5 Goods will be invoiced at the price ruling at date of dispatch and prices are subject to change without notice.
6 The company reserves the right to correct clerical and typographical errors.
7 Dimensions and specifications shown in the company's catalogue are based on standards current at time of publication and it may be necessary to change them from time to time without notice.
8 The right is reserved by the company to supply 10% more or less than the quantity ordered in all cases where the parts supplied are special or specially finished goods and charges will be adjusted pro rata. The measures of such specialty to be decided by the company.
9 When the goods are made to the purchaser's specification or pattern the purchaser agrees to indemnify the company against any loss in respect of any proceedings or otherwise for the infringements of any patents.
10 Payment - all accounts become due for payment on the last day of the month following month of dispatch and are strictly nett unless otherwise agreed. The company reserves the right to suspend manufacture or delivery of any orders on behalf of the purchaser who has an overdue account with the company.
11The company reserves the right to suspend or cancel any unfulfilled obligations which have not been discharged for any cause over which the company has no control, or any orders outstanding on their books 12 calendar months after such orders have been place.
12 The purchaser shall make default in or commit any breach of its obligations or if the purchaser shall commit any act of bankruptcy or shall have any execution or distress levied upon any of its goods or products or being a company if any resolution or petition to wind up its business shall be passed or presented.
13Or if a receiver of its undertaking property or assets or any part thereof shall be appointed the company shall have the right forthwith to determine any contract then subsisting without prejudice to any claim or right the company might otherwise make or exercise.
14 Packages: all chargeable cases, bags or cartons will be invoiced at date of dispatch, but buyers will be credited in full if same are returned in good condition, carriage paid, within 3 months from date of dispatch.
15 All goods forwarded either by motor or by rail are deemed to be at the risk of the buyers. Whether the property in the goods has passed to the buyers or not.
16Credit in respect of rejected or faulty material will only be made after return to and receipt of such material at sellers premises and notification of dispatch of receipt will not be accepted as proof of delivery.
17Title to the goods shall not pass from the company to the purchaser unless and until the company has received from the purchaser the full price due under this or any other contract and should the purchaser default in any such payment of goods already delivered shall remain the company’s property and the company shall be entitled to repossess them.
18The conditions and any contract between the company shall in all respects be construed and operated in English contract and English law.
19A 15% handling charge will be levied on goods returned for credit when incorrectly ordered and no orders cancelled subsequent to goods being manufactured assembled or packaged.
20Customers should comply with the National Approvals and Regulations on the Use of Fastening Elements. In case of doubt, please contact Ltd.
21The company reserves the right to charge interest at 3% per annum above the current base rate of Barclays Bank plc for ever month or part month outstanding on overdue accounts, or the rate of statutory interest applying at the time under Section 69 of the County Court Rules 1984 (or any subsequent laws which may effect this) whichever is the higher rate.
22The company reserves the right to levy an administration charge to be determined by the company on any overdue accounts in the event that it becomes necessary to recover the debt through the commencement of local action.