| 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. ll quotations made and all orders and contracts accepted by representatives or agents of the sellers are subject to confirmation by 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 despatch 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 form time to time without notice.
8. The right is reserved by the company to supply 10% more or less than the quantity orders in all cases where the parts supplied are special or specially finished goods and charges will be adjusted pro rata.
The measure of such speciality 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 infringement of any patient.
10. Payment - all accounts become due for payment on the last day of the month following month of despatch and are strictly net 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.
11. The 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 placed.
12. If 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 property or being a company if any resolution or petition to wind up its business shall be passed or presented or 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.
13. The company shall not be liable
(a) (i) for loss from a package or unpacked consignment or for discrepancy between quantities dispatched by the company and received by the buyers.
(ii) for damage unless both they and the carriers are advised thereof by the buyers in writing (other than on a consignment note or delivery document within 3 days).
(b) for non delivery unless both they and the carriers are advised thereof by the buyers in writing (otherwise than a consignment note
or delivery document) within 21 days from the date of invoice. The invoice shall be accepted by the buyers as advice of despatch of the goods.
14. Packages: all chargeable cases, bags or cartons will be invoiced at date of despatch, but buyers will be credited in full if same are returned in good condition, carriage paid, within 3 months from date of despatch.
15. All goods forwarded either by motor or by rail are to be deemed to be at the risk of the buyers, whether the property in the goods has passed to the buyers or not.
16. Credit 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 despatch of rejects will not be accepted as proof of delivery.
17. Title 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.
18. The conditions and any contract between the company shall in all respects be construed and operated in English contract and English Law.
19. A 15% handling charge will be levied on goods returned for credit when incorrectly ordered and on orders cancelled subsequent to goods being manufactured assembled or packaged.
20. Customers should comply with the National Approvals and Regulations on the Use of Fastening Elements. In case of doubt, please contact SFS intec Ltd.
21. The company reserves the right to charge interest at 3% per annum above the current base rate of Barclays plc for every 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.
22. The company reserves the right to levy an administration charge, to be determined by the company on any overdue account in the event that it becomes necessary to recover the debt through the commencement of local action.
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