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GENERAL
Any order accepted by Bondrite Adhesives Ltd (herein after called the Company) whether or not it is based on or results from any quotation given by the Company is to be deemed to incorporate those terms & conditions, no variations or modification of or substitution for these terms & conditions (even if included in or referred to in the document placing the order shall be binding on the Company, unless specifically accepted by the company in writing. Written acknowledgement of an order shall not constitute as such acceptance. No servant agent or representative of the company has any authority to waive, vary, add to, omit or otherwise alter these terms. In the event of any dispute between the Company and the buyer these terms and conditions shall prevail.
PRICES
Unless otherwise agreed in writing by the Company, the Company reserves the right to vary the price quoted in order to conform with the Companies prices for such goods ruling at the date of despatch or to take account of any increase in wages, salaries or cost of materials, manufacturing packaging or other overheads between the date of the order and the date of delivery. When Value added Tax (herein after call V.A.T.) is chargeable the price shall be increased.
1) By the gross amount of the V.A.T. chargeable on the supply of the goods and for services by the Company.
2) By the nett cost to the Company of any V.A.T. chargeable in respect of the supply to the Company of goods to be incorporated in or of services contributing to the contract.
PAYMENT
a) Unless remittance is required with order or company otherwise agrees, payment is due in full by thirty days from the date, which the Buyer is invoiced in respect of this contract.
b) All payments shall be in accordance with the terms set out herein and in the event of non-compliance therewith the Company reserves the right to make an additional charge which shall not exceed 3% above Lloyds P.L.C. base rate on any sums outstanding from time to time and which shall be notified to the buyer
c) If payment is not made in accordance with these terms or at any time the credit standing of the buyer has (in the opinion of the Company) been impaired the Company may refuse delivery of any goods required under the contract until arrangements as to payment or credit have been established which are satisfactory to the Company.
d) In addition to any right or lien in which they may be in law the Company shall (in the event of the buyers insolvency) be entitled to a general lien on all goods of the Buyer in the Company’s possession (although such goods or some of them may have been paid for) for the unpaid price of any goods sold and delivered to the Buyer by the Company under the same or any other contract.
e) The intending buyer acknowledges that until such time as payment as aforesaid has been made it is in possession of goods solely as bailee for the Company and shall store the goods separately from its own goods and in such a fashion as to be readily identifiable by the Company.
DELIVERY
a) Unless the Company otherwise agrees, delivery shall be made to the Buyers works noted on the order and stated on Companies invoice.
b) Stated delivery times are business estimates only and the Company shall not be liable for any loss or damage suffered by the Buyer by reason of any failure to comply therewith nor will any such delay entitle the buyer to repudiate the contract
c) The Carrier and the Company must be advised in writing (otherwise than upon the Carriers documents within five days of invoice if the products covered by the invoice have not been delivered, or within two days of delivery, if damage, pilferage or shortage is revealed upon receipt of the products. If such advice is given the Company will use its best endeavours to assist the buyer in respect of proof of delivery of the products to the carrier in sound condition. In no circumstances shall the Company be liable for any consequential loss or damage.
TITLE AND RISK
a) The goods shall be at the buyers risk from the time of delivery or, if earlier when they are placed at the buyers disposal.
b) Notwithstanding delivery, the goods sold hereunder remain the absolute property of the Company until all amounts invoiced by the Company to the Buyer in respect of the goods have been made.
c) In the circumstances where the goods are delivered to an address specified by the buyer the Company shall be entitled at any time until resale of the goods immediately giving notice of its intention to do so, enter upon such premises with such transport as may be necessary and repossess any goods or products to which it is entitled hereunder.
d) If any of the goods incorporated in or used as materials for other goods before payment of all that is owing to the Company under this contract, the property in the whole of such other goods shall be vested in the Company and the buyer shall hold all such other goods as Trustees for the Company
e) In the event of the buyer selling or otherwise disposing of the goods or such other goods as incorporate the goods before he has paid all that is owing to the Company under the contract then the Buyer shall hold all such other goods as Trustees for the Company in an account separate and identifiable from other monies of the Buyer until payment in discharge of the debt due to the Buyer from the Company.
f) Nothing in this clause shall confer any right on the Buyer to return the goods sold hereunder or to refuse or delay payment thereof unless otherwise agreed.
g) Until payment has been made in full by the Buyer the Company shall be entitled to require the Buyer at any time to assign to the Company all rights which the Buyer may have against any subsequent purchaser or transferee of the said goods.
DELAY IN SUPPLY (FORCE MAJEURE)
The Company shall not be liable for any loss or damage caused by delay in the performance or non-performance of any of its obligations hereunder where the same is occasioned by any cause whatsoever that is beyond the Company’s control in such circumstances the Company may cancel or suspend this contract without occurring any liability for any loss or damage thereby occasioned and may extend the period of delivery or may without any liability whatsoever suspend or cancel (either immediately or any time after suspension under this condition ) any or all of its obligations then unperformed.
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WARRANTY
The Company warrants that the goods shall at the time of delivery correspond to the published specifications of the Company when used for purposes for which goods of that type are ordinarily used in the absence of any published specifications applicable to the goods, the Company warrants that the goods at the time of delivery be of normal industrial quality. If any of the goods do not conform to that warranty, the Company will, at its option
a) replace the goods found not to conform to the warranty
b) bring the goods into conformity with the published specifications of the Company or (as the case may be normal industrial quality or
c) take back the goods found not to conform to the warranty and refund the total of the purchase price
The liability of the Company under the foregoing paragraph is conditional upon the buyer giving written notice to the Company of the alleged defect in the goods, such notice to be received by the Company within fourteen days of the time when the buyer discovers or ought to have discovered the alleged defect and in any event within two months of delivery of the goods.
d)The buyer affording the Company’s reasonable opportunity to inspect the goods.
a) The Buyer making no further use of the goods that are alleged to be defective after the time at which the buyer discovers or ought to have discovered the alleged defect
b) Save as provided in the paragraph above all conditions and warranties, express or implied (whether by statute common law or otherwise) as to the condition, merchantability or fitness for any purpose of the goods are hereby expressly excluded and the Company shall be under no liability for any loss or damage howsoever arising which may be suffered by the Buyer by reason of any defect in or failure to perform on the part of the g
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