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Standard Terms Of Trading

1 Operation and jurisdiction

Orders are accepted and goods and services supplied upon and subject to our standard terms of trading set out below. Unless expressly accepted by us in writing any exclusion, variation or addition to these terms in any document of the customer shall not form any part of the contract between us. These terms shall be construed as a contract made in England and shall be interpreted in accordance with the law of England.

2 Limit of Liability

i) Except as provided in Term 5, all guarantees, conditions and warranties, expressed or implied, in respect of any goods or services supplied are by these terms excluded.

ii) Nothing in any of these Terms will make us liable for any death, injury or damage to persons or property of whatever nature, however caused arising out of or in connection with any of the goods or services supplied.

iii) We shall be under no liability in respect of loss, injury or damage to third parties caused directly or indirectly by any goods or services supplied by us and we shall be indemnified at all times by the customer against all claims of whatever nature in respect of any such loss injury or damage.

iv) Nothing herein contained shall affect the statutory right of a customer who deals as a customer within the meaning attributed to those works by Section 12(1) of the Unfair Contact Terms Act 1977, or any modification extension or re-enactment thereof.

3 Descriptions and Specifications

i) All descriptions, specifications, drawings, illustrations and information as to weights and dimensions submitted in writing in catalogues, price lists, advertising matters or any other literature or stated verbally by us are intended merely to present a general idea of the goods and shall not form part of the contract.

ii) In accordance with our policy of constantly improving products we reserve the right to change specifications or designs or delete any item from our catalogues, price lists or any other literature without prior notice.

4 Carriage and Packing

i) Unless otherwise stated a quoted carriage or a carriage paid price means the goods will delivered to the customer's or consignee's premises. Off loading and moving into position is the responsibility of the customer.

ii) For any goods supplied in packing identified as returnable the packing must be received by us, or at any destination which we may nominate, properly identified with the name of the customer and in re-usable condition, within one month from the date of invoice otherwise no credit will be allowed. Such packing to be returned at the customer's risk and expense. Under no circumstances will credit be allowed unless supported by an official credit note issued by us.

5 Delay, Loss or Damage in Transit

i) Although we make every effort to adhere to stated delivery times, such times are given without legal commitment. We shall be under no liability for any consequential loss or damage of whatever nature caused by delay or failure to deliver.

We shall be under no obligation to give the notice specified in Section 32(3) of the Sale of Goods Act 1893.

ii) Where goods are supplied on carriage-paid terms we will, free of charge, and at our opinion, make or replace any item or part lost or damaged in transit provided that we shall be under no obligation to do so unless

a) in the event of non-delivery within seven days after despatch the customer the customer immediately gives notice in writing to us to the carrier or

b) in the event of damage the customer gives notice in writing to us and to the carrier stating the nature of the damage within three days of receiving the goods and promptly returns the damaged items or part to us at "the customer's" risk and expense if we so require.

c) On the expiry of three days from the date of arrival at the customer's address of the goods all our liabilities and obligations in relation to damage in transit shall cease.

6 Ordering

i) No order will be accepted or goods or services supplied except in accordance with the Standard Terms of Trading which the customer agrees to accept by signing and returning the order acknowledgment to us.

ii) Should the customer wish to cancel an order after acceptance, the nett goods value of the order shall immediately become due for payments in fullness such rebate as we shall in our absolute discretion decide.

iii) The cost of samples, special design work and carriage will be charged.

iv) Where the goods ordered are to be made or modified specifically for an order, an advance payment equal to the nett goods value is to accompany the order except that where a credit exists such advance payment shall be twenty percent of the nett goods value.

7 Prices

i) All home-market prices in catalogue, price lists, advertising and elsewhere submitted in writing or stated verbally are unless otherwise stated, carriage paid. VAT at the appropriate rate will be charged on goods. These prices supersede those given in any previous publication and are subject to alteration without notice. Delivery prices in respect of off-shore islands and Northern Ireland are available on request.

ii) Prices refer only to the quantities and delivery conditions stipulated and agreed and do not necessarily hold good for other quantities of delivery conditions.

iii) Orders will be invoiced at prices ruling at the date of despatch unless otherwise agreed.

8 Payment

i) Credit may be allowed to customers by prior arrangement and on production of acceptable trade and banker's reference.

ii) Payment of credit accounts is to be made within 30 days of invoice date (subject to clause 6(v) above).

iii) Where no credit account exists, customers must send cash with order.

iv) Interest will be charged on amounts overdue at a rate of 2% per month or part of a month.

v) Goods made to order that are stored by us for more than 30 days will be charged at a rate of 2% per month, or part of a month, on the nett goods value from the date of the invoice.

9 Property

i) Until full payment has been made to and received by us property in the goods shall remain with us notwithstanding that the risk in the goods may be passed to the customer or that the customer has possession of the goods.

ii) If payment is overdue in whole or in part, or if any of the circumstances referred to in Term 12 have arisen, then we may (without prejudice to our other rights) at the expense of the customer recover and/or resell the goods or any of them and may by our servants or agents enter upon the customer's premises for that purpose.

10 Quantity Variation

A shortage or surplus of materials supplied and charged pro-rata, not exceeding 5 per cent will be considered due execution of any order.

11 Termination

i) If the customer shall make default in or commit any breach or any of his obligations to us or is involved in any insolvency proceedings or is deemed to be unable to pay the debts or if any distress or execution shall be levied upon the customer his property or assets or if he shall make or offer to make any arrangements or composition with creditors or commit any act of bankruptcy or if any petition or receiving order in bankruptcy shall be presented or made against him or if the customer shall be a limited company and any resolution or petition to wind up such company's business shall be passed or presented otherwise than for reconstruction of amalgamation or if a receiver of such company's undertaking property or assets or any part thereof shall be appointed we shall have the right forthwith to determine any order then subsisting upon written notice of such determination being posted to the customer's last known address without prejudice to any claim or right we might otherwise make or exercise.

ii) If owing to strikes lock-outs trades disputes accidents or difficulty in obtaining the raw materials or cause of any nature beyond our control we are unable to fulfil any order before the specified delivery date we shall have the right to terminate the order or any part thereof without incurring any liability whatsoever.