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Terms and ConditionsPAYMENT Nett - end of month following month of despatch unless otherwise agreed in writing
DELIVERY Items from stock within five working days. Others by mutual agreement in writing
COLOURS Standard colour range available as per price list details. Special colours to order - allow 8 weeks (4 weeks for approval of sample colour and 4 weeks to manufacture)
CARRIAGE Paid on orders of nett value £2,500 and over, U.K mainland Under £2,500 carriage at cost. Full cartons only. Collection allowance available on request.
PRICES Acknowledged Orders at stated prices will normally be the price charged, but we reserve the right to charge at prices ruling at date of despatch whether or not notice has been given.
CONDITIONS OF SALE
The following Conditions of sale apply to all contracts of sale made with Libra Systems (hereinafter called “the company”) and these Conditions shall apply even though the buyer may by his order or in any other manner purport to vary, modify or negative the same.
1. QUOTATIONS Quotations are valid for a period of 28 days only from their date. All prices quoted are based upon current costs to the Company and should there be any increase in the cost of raw materials, transport, labour, insurance, or any other factor which increases the cost to the Company subsequent to the date of the quotation, the Company may increase the amount of the quote by notice thereof to the buyer by an amount which is reasonable in the particular circumstances. After acceptance by the buyer the Company shall in like manner and for like reason be entitled to increase the contract price.
2. WARRANTY Unless expressly given by the Company in writing no condition of warranty is given as to the state quality merchantability or fitness for any purpose of any goods supplied or to be supplied and all conditions and warranties whether express or implied by statute or howsoever otherwise as to the state, quality, merchantability, or fitness for any purpose are hereby expressly excluded.
3. OWNERSHIP The property in the goods shall not pass until payment has been made in full by the buyer. Where a contract is for delivery by instalment the property shall not pass in any instalment until payment has been made for the whole contract quantity. The buyer will be held as trustee of all sums received until such times as the Company is paid. The Company shall be paid sums due from resale by the customer whether by himself or someone appointed to act on his behalf.
4. PAYMENT Payment is due prior to the end of the month following month of despatch. Where the contract is for delivery by instalments each instalment shall be deemed a separate contract and the Company shall be entitled to suspend any further delivery under the contract, or any delivery due to be made under any other contract with the buyer, until payment of any debt then due and payable by the buyer be unpaid. Further, should there be any debt of whatsoever kind owing by the buyer to the Company , then until payment thereof the Company shall be entitled to withhold or suspend any delivery otherwise due to be made by the Company under this or any other contract between them.
5. DELIVERY a. Where goods are to be delivered or forwarded by the Company the risk shall pass as soon as the goods leave the Company’s premises. Where goods are to be collected by or on behalf of the buyer, the risk shall pass immediately on collection. b. Delivery dates are approximate only and are not of the essence of the contract. c. Should the manufacture or delivery of the goods or any part therof be delayed, prevented or hindered, directly or indirectly, by fire, floods, war, strikes, lock-outs, industrial dispute, shortage of labour, materials or fuel, failure of plant or machinery, late receipt of buyer’s specification or other necessary information, Governments Acts, Orders or Regulations, delay or failure on the part of any independent sub contractor or supplier other than third party or any other cause whatsoever not within the Company’s complete control, then the time for delivery shall be extended by a reasonable time having regard to all the circumstances. Should there be any delay in delivery, whether or not extended as aforesaid, or non-delivery, resulting from any of the aforesaid causes, the buyer shall not be entitled to recover from the company any compensation, loss of profits, expenses or damages of any kind whatsoever whether direct or consequential or whatsoever otherwise, nor shall the buyer be entitled to cancel the contract. d. Unless notice in writing to the contrary shall be given by the buyer within 48 hours of delivery of the goods to the buyer then the goods shall be conclusively deemed to be in all respects in accordance with the contract. e. Where the Company has agreed to delivery or forward otherwise than at its premises it shall not be liable for any loss, damage, delay, detention or mis-delivery in course of transit, and it shall be the duty of the buyer: (i) to inform the Company of non-arrival if the goods or any part thereof have not been delivered within five days of receipt of the Company’s advice note or notice of disposal; and (ii) to advise both the Carrier and the Company forthwith of the goods arrived in a damaged state, and to sign the received note to such effect. f. In the event of non-delivery by the Company in circumstances other than those specified at Clause 5c above, then the liability of the Company, if any, shall be limited to a sum not exceeding 5% of the nett invoice value. Save as aforesaid, the Company shall in no circumstances be liable to the buyer for any loss of profit, expenditure incurred, loss of damage of any kind whether direct special or consequential or whatsoever otherwise sustained or incurred by the buyer by reason of any breach of contract by the Company.
6. SPECIAL The company shall be entitled to supply to the buyer 10% more or less than contracted for whether such excess or deficiency relates to quantity, weight or size and where such excess or deficiency affects the value of the goods then the price thereof shall be proportionately varied to a maximum amount of 10% more or less.
7. PACKING Unless stated otherwise in writing, the price quoted includes packing and the nature and extent of such packing is entirely within the discretion of the Company. The Company shall in no circumstances be liable to the buyer for the expenses damages or howsoever otherwise, should the goods or any part thereof be damaged or deteriorate by reason or inadequate or defective packing.
8. In export sales the buyer is responsible for obtaining all necessary licences and consents and is liable for payment of call customs duties, port dues and similar charges.
9. Nothing in the conditions shall affect the statutory right of a Customer who, in relation to the Company, deals as consumer as defined in Section 12 of the Unfair Contract Terms Act, 1977.
10. All contracts made by the Company shall be governed by English Law, and the buyer submits to the jurisdiction of the English Courts in the event of any dispute. |
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