CONTRACT
1.-All orders are accepted subject to these Conditions. No order shall be binding unless confirmed by us on our Acknowledgement of Order form.
PRICE
2.-(i) The price(s) are given in good faith and are those ruling at this date. All prices are subject to market fluctuation and revision and the actual price(s) to be paid by the Buyer shall be the Sellers price ruling at date of despatch.
(ii) Where an order is received for a quantity less than that quoted for or where delivery is required in instalments smaller than those specified in the quotation, prices will be subject to an increase.
(iii) Unless otherwise agreed or shown, the price(s) includes delivery.
INSTALMENTS
3.-Where goods are ordered for delivery by instalments, each instalment shall be deemed to be a separate contract unless otherwise agreed in writing.
QUANTITY
4.-Delivery of the quantity ordered. 10% more or less, shall be a good delivery.
MATERIALS
5.-Materials of not less strength than those quoted may be substituted for quoted materials.
PAYMENTS
6.-Subject to satisfactory references being given, payment to be made by end of month next following date of despatch; otherwise payments to be made against proforma invoice, or as agreed in writing.
CLAIMS
7.-No liability is accepted for any claims for short delivery or damage unless notified to us within 3 clear days of delivery and in the event of wet damage the delivery document must be endorsed accordingly.
CONSEQUENTIAL LOSS
8.-The Seller shall not in any event be liable to the Buyer for any indirect or consequential loss or damage.
WARRANTIES
9.-Without prejudice to the generality of our terms and conditions of sale, subject to which any order is undertaken, we cannot accept any liability whatsoever in respect of the use to which the goods, subject to this document, are put. The customer and any user should accordingly take all such steps to satisfy themselves of the suitability of the goods. They should not rely on any representations whether written or oral made by ourselves, our agents or employees.
COPYRIGHT AND OTHER INDUSTRIAL PROPERTY RIGHTS
10.-The Seller shall be indemnified by the Buyer against any claim by a third party against the Seller arising out of any goods supplied to or work done for the Buyer including any infringement of copyrights, patent, trade mark or registered design.
FORCE MAJEURE
11.-The Seller shall not be liable for failing to perform the contract whether in whole or in part if the failure is caused by any inability to secure labour, materials or supplies, act of God, riot or civil commotion, strike, lockout, fire, flood; drought, act of government or any cause, whether or not similar in kind to all or any of the foregoing, outside the Sellers control and shall have the right by notice in writing to the Buyer to rescind the contract or to elect to vary the contract as may in the Sellers opinion be necessary.
RETENTION OF TITLE
12.-The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full, for all goods delivered to the buyer under this and all other contracts between the seller and the buyer, for which payment of the full price of the goods thereunder has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between the seller and the buyer under which the goods were delivered.
