Unless otherwise agreed in writing by the seller all goods and services are supplied on the following terms and conditions to the exclusion of any terms and conditions stipulated by the buyer and any previous representation, warranties or communications not expressly incorporated herein.
The risk in goods supplied overland shall pass to the Buyer on delivery to the Buyer's designated premises or to the carrier nominated by him (whichever shall first occur). The risk in goods supplied by sea or air transport shall pass to the Buyer on delivery to the carrier nominated by the Buyer in which case the Seller will at the Buyer's written request, cost and risk, arrange for the Buyer's express instructions as to transit and packaging for sea or air transport to be carried out.
If any order for goods is to be delivered by instalment to the Buyer, each such instalment shall be treated as a separate and identifiable contract and the rights of either party thereunder shall be construed accordingly, save only that the Seller may suspend delivery thereof whilst payment is overdue in respect of any previous instalment. If the Seller shall fail to make delivery or shall make defective delivery of any instalment, such failure or defective delivery shall not affect the obligations of the parties under the contract to which these conditions form a part in respect of the other instalments.
The seller shall be notified in writing of the non-receipt of any goods by the Buyer or his nominated carrier within seven days of the notified date of dispatch. Failing which, the Seller shall be under no liability whatsoever to the Buyer. The Buyer must notify the Seller of any alleged defect in or damage to the goods within seven days of actual receipt and thereafter shall be deemed to have accepted the goods in all respects. Any such notice must specify the alleged particular defect and must afford the Seller reasonable opportunity to inspect the goods in question. If the goods are faulty the Seller will (at his option) either rectify the defect or fault, replace any such goods or credit the invoice value of the goods and such rectification or replacement will be in full satisfaction of any claim by the Buyer.
The Seller shall be under no liability whatsoever (including without prejudice to the generality of the forgoing) to assume any liability in tort or for consequential loss or damage of any kind or for breakage or resulting defect occurring after delivery or any defect or failure of or unsuitability for any purpose of the goods or any part thereof whether the same be due to any act, omission, negligence, wilful default of the Seller or its servants or agents or to faulty design, workmanship or material or any other cause whatsoever including (without prejudice to the generality of the foregoing) any breach by the Seller, its servants or agents of any fundamental term or any fundamental breach by the Seller of any term of the contract of which these conditions form part and all other conditions, warranties or other terms whether express or implied, statutory or otherwise inconsistent with the provisions of these conditions are hereby expressly excluded.
Penalty clauses on Buyer's contracts cannot be accepted unless a specific undertaking in writing is secured from the Seller covering each or contract concerned. Such an undertaking will not be regarded as valid unless signed by a Director of the Seller.
The Seller shall do all in his power to perform the terms of any contract of which these conditions form part and in particular to meet all delivery dates but shall not be liable for any failure to observe or breach of any of the terms hereof by reasons of act of God, war, riots, civil commotions, strikes, lock outs, trade disputes, fires, breakdowns, interruptions of transport, government action, delay in delivery by the Seller's suppliers or any other cause whatsoever beyond its control, the time for delivery shall be extended until such cause shall have ceased to operate. In such circumstances except where goods are in transit the Seller may terminate the unperformed part of any contract of which these conditions form part by notice in writing delivered to the Buyer within fourteen days of the occurrence of such action or circumstances as makes the Seller fail to observe or break the terms hereof without incurring any liability by reason of such determination.
Goods supplied can be returned only if the Seller's permission is first obtained. Permission can only be considered if the goods are those which the Seller regularly carries in stock. All returns are subject to a restocking charge.
The price quoted is for stipulated quantities only and must not be taken to apply to any order for any lesser quantities. Deliveries up to 10% above or below the quantities ordered shall be permissible but the goods invoiced shall be the quantity actually despatched. All quotations for goods to be delivered from stock are subject to these goods being unsold on receipt of order.
Whilst all written recommendations made by the Seller as to the treatment of the goods are made in good faith and in the belief that they are correct, the Seller shall have no responsibility whatsoever for any damage, liability, cost, claim or expense suffered by the Buyer or any third party through following such recommendations.
The Seller reserves the right to alter the specification of any goods without reference to the Buyer provided that the goods comply in all other known respects with the Buyer's requirements.
The supply of goods by the Seller shall not confer any right upon the Buyer to use any Seller's trademark without prior written consent of the Seller. Neither does it imply any right to use any Seller's patent or any indemnity against infringement of third party patents.
Any stipulated time of delivery shall date from receipt by the Seller of the Buyer's written order to proceed or all the necessary information, drawings and inserts to enable the Seller to put the work in hand which ever be the later. Delivery dates or periods are given in good faith and the Seller will make every effort to meet them but no liability is accepted for failure to deliver on a specified date or within a specified period.