TERMS & CONDITIONS OF ORDER
General Descriptive Matter
All specifications, drawings and particulars of weights and dimensions submitted by us are approximate only and descriptions and illustrations contained in our catalogue, price lists of other advertising matter shall not form any part of the contract.
Material covered by this contract is not warranted or guaranteed to be suitable for any particular application or treatment or free from surface defects unless such requirements are either set out in the material specification to which it is supplied or otherwise disclosed by you before acceptance of the order
we shall not be held responsible for non-completion of contracts or orders for goods which prove to be beyond the workability of the particular material specified by the drawing or you relating to that contract or order.
Unless any performance figures have been quoted by us and have been specifically warranted by us in writing we shall be under no liability for failure to attain such figures. Where figures have been quoted and specifically warranted they shall by subject to any tolerances specified by or agreed to by us or if none to tolerances customary in the industry and in case of default by us our liability shall be limited to such sum if any as may have been agreed as liquidated damages. If performance figures obtained on any test provided for in the contract are outside the acceptance limits you will be entitled to reject the goods but before rejecting the goods or claiming any liquidated damages, you will give us reasonable time and opportunity to rectify their performance. If you become entitled to reject the goods any sums paid by you to us on account of the contract price will be paid by us to you without interest. Save insofar as your stipulations are based on advice given by us in writing the responsibility for ensuring that goods stipulated by you are sufficient and suitable for your purposes rests upon you.
Our products are inspected and, where practicable, submitted to our standard tests before despatch. We shall be under no obligation to carry out any special tests not specified in our quotation or tender and where we agree to carry them out we reserve the right to make a reasonable charge for them. If tests are carried out in the presence of you or your representative and you delay in attending such tests after being notified that we are ready we reserve the right to proceed with such tests in your absence and they will be deemed to have been carried out in your presence.
You shall try all goods during the seven days after delivery thereof by working then in the proper and usual manner and if goods shall fail to work efficiently by reason of the existence of defects therein arising from faulty or improper materials or workmanship or if the goods shall not conform to specification through bona fide error on our part then you shall be entitled to reject the goods and shall have no other claim or remedy. If at the expiration of the said period of seven days no such trial shall have been made or if any trial shall have failed to disclose inefficiency or error as aforesaid, then the said goods shall be deemed to be efficient and to have been well and properly manufactured and to conform to specification and you shall be bound to accept the same.
Any defects which under proper use appear in the goods within a period of six months after delivery and are due to faulty materials, workmanship or design (other than a design provided or specified by you) shall be made good by us either by repair or at our option by replacement, provided we are notified in writing immediately such defects appear and the foods or the defective parts thereof are returned to us or where this is not practicable are made available for inspection by us. The cost of carriage of the returned goods or parts shall be refunded by us and the repaired or replaced goods or parts will be delivered by us free of charge as provided for in Condition 13. Our liability under this Condition shall be in lieu of any obligation implied by law as to the quality or fitness for any purpose of the goods and save as provided in this condition we shall be under no liability, whether in contract , tort or otherwise, in respect of any defects in the goods or for any injury, loss or damage resulting from such defects or from any work done in connection therewith. Without prejudice to the generality of the foregoing exclusion we shall not in any circumstances be liable for any consequential loss or damage suffer3ed by you including any loss of use, loss of contracts or loss of profits.
The Stipulated time for despatch or delivery shall run from the acceptance of your order or (where our Tender or quotation constituted an offer the acceptance of which resulted in a binding contract) the Receipt of written acceptance of our tender or quotation accompanied in either case by all necessary Information and drawings to enable us to proceed with the order. The time for despatch or delivery is caused by instructions or lack of instructions from you or by strikes, lockouts or other industrial action or any cause beyond our reasonable control, including failure of suppliers of raw materials or components to fulfil their contracts with us. Unless otherwise agreed in writing time shall not be of the essence of the contract unless and until reasonable notice in writing haas been given to us after default on our part making time of the essence.
The Company reserves the right to make scheduled deliveries each of a part only of the overall amount and value of goods ordered by the buyer. Where any such scheduled delivery is made the goods comprised within each delivery shall be deemed to have been sold and delivered under a separate contract for the sale of the goods the subject of such delivery and will be invoiced separately. The Buyer will pay for the goods delivered in each scheduled delivery without set off, counter claim or deduction in respect of any previous or future scheduled delivery or other goods ordered from the Company
Should you delay, postpone, call-off or cancel your order of call-off after 14 days from the date of your Order then we shall be entitles to payment for work already carried out and materials especially ordered To comply with your original call-off
You shall not be permitted without our consent in writing to make any variations of the contract which Shall alone or together with any previous permitted variation exceed in value 15 percent of the Contract price. The contract price shall be adjusted to take account of any loss incurred by us as a Result of any permitted variation or from any suspension of work due to lack in instructions from you. Agreed delivery schedules shall not be varied by either party without the written consent of the other And if varied the contract price shall be adjusted accordingly unless otherwise agreed.
a) Unless otherwise specified in our quotation or tender the price includes delivery by any method of transport at our option. If transport other than our own is uses the Conditions imposed by such Carrier shall apply. Unless otherwise specified we shall not be responsible for off-loading. In every Case delivery is subject to suitable access being available.
b) Loss or damage in transit – where the price includes delivery other than at our works we will repair or at our option replace free of charge within a reasonable time all goods lost or damaged in transit, provided we are given written notice of such loss or damage with in such time as will enable us to comply with the carriers conditions of carriage or where delivery is made by our own transport within three days after receipt of the Advice Note.
Unless otherwise expressly stipulated in the quotation, tender or acknowledgement of order if by Reason of any rise or fall in the rates of wages payable to labour or in the cost of materials or Transport or of confirming to such laws, regulations or bye-laws as are applicable to the performance Of the contract above or below such rates and costs ruling at the date of quotation or tender the cost To us of such performance shall be increased or reduced the amount of such increase or reduction Shall be added to or deducted from the contract price as the case may be, provided that no account Shall be taken of any amount by which any cost incurred by us has been increased by our default or negligence. For the purpose of this Condition the cost of material shall include any duty or tax by whomsoever payable under or by virtue pf any Act of Parliament on the import, purchase, sale appropriation, processing or use of such material. In case of dispute the amount of such increase or decrease shall be referred to arbitration as provided in Condition 18.
a) Payment of accounts on due date is a vital condition of the contract.
b) Unless otherwise stipulated at the time of order payment is due 30 days from end of invoice month.
c) Interest will be charged on all overdue accounts at the rate of 3 percent over the Bank of England Minimum Lending Rate for the time being in force. If instructions sufficient to enable us to despatch the goods are not received by us within 14 days after notification by us that they are ready for despatch we shall be entitled to arrange storage either at our works or at out option elsewhere on your behalf and all charges for storage, insurance or demurrage shall be payable by you.
Without prejudice to other remedies we shall in respect of all unpaid debts due from you after three months of submission of invoice have a general lien on all goods and property in our possession (whether worked on or not) and shall be entitles on the expiration of 14 days notice to dispose of such goods or property as we think fit and to apply any proceeds towards such debts.
If you shall enter into any arrangement with or compound with your creditors or a Receiving Order is made against you or an Order is made or a Resolution passed for your winding up or a Receiver is appointed by a debenture holder of your we may (without prejudice to any other rights or remedies available to us under Condition 16 or otherwise) stop any goods in transit to you (including any goods on the installation of which we shall then be engaged whether at your premises or elsewhere) And suspend further deliveries of goods until payment for such goods shall have been assured to our satisfaction.
The title of goods shall not pass to your until payment has been made of the full contract price and if payment is not made for the goods at the due date or if before that date you should be wound up or a Receiver be appointed over the whole or any part of your undertaking or an execution or distress levied against you we shall be entitled to enter and repossess or trace the goods or the proceeds of sale in your hands or in the hands of any liquidator or receiver.
All estimates, drawings, designs, plans or models prepared by us for your information remain our property and are copyright. They must not in whole or in part be submitted to or copies or otherwise made use of by any other party without our prior written consent.
In any dispute or difference shall arise between you and us in relation or in connection with the contract the same shall be referred to arbitration in accordance with the Arbitration Act 1950 before a single arbitrator to be nominated in default of agreement
a) Unless otherwise agreed in writing these Terms & Conditions apply to all contracts entered into by us to the exclusion of any terns and conditions contained in your order which conflict or purport to modify these Terms & Conditions and to the exclusion of any conditions or warranties implied by common law or statute
b) This contract shall be governed by the Law of England.
Example of Aerospace Shielding
Example of a large transformer shield
