The acceptance of any order by the Seller is Subject to the following terms and conditions. Any variation to these terms and conditions in any document of the Buyer is inapplicable unless accepted by the Seller in writing. Unless previously withdrawn, any quotation by the Company is open for acceptance within 60 days only from the date thereof. Acceptance by the buyer within the said period shall not constitute a binding contract unless and until such acceptance and the order resulting there from shall have been expressly confirmed in writing by the Company to the buyer.
The Seller will endeavour to supply goods with material as specified, but reserves the right to supply an alternative when necessary, such alternative being to a higher specification than that ordered.
Although every effort will be made to maintain firm prices, orders are accepted on the understanding that prices are subject to alteration at any time before despatch.
There is a minimum charge for goods on any single order, details of which are available on request. The charges for tools, patterns, certification, packaging, special carriage arrangements etc. are additional.
Payment for goods despatched shall be net cash at the end of the month following date of invoice. Interest may be charged after this date at the rate of 3% per annum above Bank Of Scotland base lending rate for the time being and shall be payable by the buyer to the company on demand.
MOULDS AND TOOL CHARGES
Charges for moulds and special tools required for the production of goods are made on a part cost basis and the said moulds and special tools remain the property of the seller.
No charge is made for standard packaging by the Seller but should it be found necessary to use special packaging, crates, cases, etc., these will be charged. Export order packages are charged at cost and are non-returnable.
Goods will normally be charged to destinations in the United Kingdom and the method of consignment is at the discretion of the Seller. Export sales are dispatched F.O.B, C.I.F, or Ex-Works and all carriage, freight and insurance incurred by the seller will be charged to the buyer.
Delivery shall be ex works, and whilst every effort is made to despatch goods on the dates or within the periods mentioned in the contract such dates or periods shall be deemed to be for information purposes only and shall not form part of the terms and conditions of the contract. Where goods are sold carriage paid, claims for damage in transit, shortage or loss of goods will not be entertained unless notice in writing is given both to the carrier concerned and the seller within 14 days of the date of the consignment.
Ownership of the goods delivered or collected shall only pass to the customer when payment in full has been made. However, risk in the goods shall be vested in the Buyer as from the moment of delivery under the terms hereof and the buyer shall be obliged to insure from that moment.
Orders accepted by the Seller shall not be cancelled except with the Seller's consent in writing and on terms which will indemnify the seller against loss.
DETERMINATION OF CONTRACT
If the Buyer shall make default in or commit a breach of the Contract or of any other of its obligations to the Seller, the Seller shall have the right forthwith to determine any contract then subsisting.
CONDITIONS AND WARRANTIES
No warranty express or implied is given by the Company as to the design, quality or fitness of the goods supplied and the Buyer shall not be entitled to rescind the contract or to claim damages on the grounds of any statement whatsoever as to the suitability of the goods for any purpose, the Buyer assumes responsibility for the capacity and performance of the goods as being sufficient and suitable for their purpose. The Buyer agrees and confirms that apart from the express terms of the contract, no statement or representation has been made by the Company relating to the goods or, if any has been made, it has not been relied upon by the Buyer. The description and illustrations contained in catalogues, price lists, brochures, leaflets or other descriptive material shall not form part of the contract and no representation, statement or report made by any employee or agent of the Sellers shall be binding on the Sellers. Goods represented by the Buyer to be defective shall not form the subject of any claim for work done by the Buyer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects but such goods if returned to the Seller and accepted by him as defective will, at the request of the Buyer and if practicable, be replaced as originally ordered. The Buyer shall indemnify the Seller against all liabilities, penalties, costs and expenses to which the Seller may become liable as a result of work done in accordance with the Buyer's specification which involves the infringement of any letters patent or registered design. The restrictions on liability and indemnities contained herein are considered reasonable by the parties but in the event of any such restrictions or indemnities being found to be void which would be valid if some part thereof were deleted or the period of application altered such restriction or indemnities shall apply with such modification as may be necessary to make them valid and effective.
These conditions and the contract shall be subject to and construed in accordance with English Law
Kent Gaskets Ltd
Unit 61, The Oaks
Manston Business Park
Tel : 01843 854800
Accounts : email@example.com
Yorkshire Gaskets Ltd
Lawefield Park, Lawefield Lane
Tel: 01924 200100
For emergencies please call 01924 200100 and you will be transferred to a member of staff who is on call.
You can also use our contact form.
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