Terms and Conditions

1. GENERAL. The acceptance of this quotation includes the acceptance of the following terms and conditions by the Buyer insofar as these may be modified by any particular alterations or additions specially incorporated in writing in our quotation.
2. PRICES. Owing to present day fluctations in costs of raw materials, components and increasing costs of almost all charges we reserve the right to make such increases in prices as might be necessary at our absolute discretion before or at date of despatch.
3. SAMPLES. Where samples are submitted the sample is drawn from and is representative of bulk but we do not guarantee that every item delivered will be the same in all repsects as the sample. The samples are only applicable for the purpose for which they are specificially supplied - ie. as a reference of colour, dimension, thickness, quality, standard etc. Notwithstanding that the sample of the said goods has been exhibited to and inspected by the Buyer, it is hereby declared that such sample was so exhibited and inspected solely to enable the Buyer to judge for himself the quality of the bulk, and not so as to constitute a sale by sample under this contract. The buyer shall take the said goods at his own risk as to their corresponding to the said sample or, as to their quality condition or sufficiency for any purpose.
4. PATENT INFRINGEMENT. The Seller shall not be liable or held responsible for any damages, costs, charges or expenses awarded against or any liabilities incurred by the Buyer arising out of any infringment of any Patent belonging to third parties.
5. TECHNICAL ADVICE. Whilst every effort is made to be accurate we cannot be held liable for any technical information or advice given by the Company at any time. By entering into these terms and conditions the Buyer confirms that he has not relied on any information or advice given by us.
6. ACCEPTANCE OF ORDERS. No order shall be deemed accepted by us until our written acceptance thereof has been given. In the event of orders not being accompanied by sufficient information to enable us to proceed with the execution thereof forthwith we reserve the right to amend the tender prices to cover any increase in cost which has taken place after acceptance. We further reserve the right to revise prices at any time should such action be rendered necessary by circumstances beyond our control, includng labour conditions, riot, civil commotion, strikes, lock-outs, interruptions in traffic and the state of material supplies, The Buyer shall reimburse the Seller for all taxes, excises or other charges which the Seller maybe required to pay to any Authority whereever situated andwhich are not expressly included inthe price. Unless otherwise specifically agreed, tools are charged on a part cost basis only, and remain our property. Where applicable there will be a charge for the upkeep and repair of tools and fixtures. If a period of three years has elapsed since receipt of any order from the Buyer requiring use of particular tool or fixture we may dispose of such tool or fixture in any manner we see fit, without accounting to Buyer for such tool or fixture or the proceeds thereof.
7. CANCELLATION. Orders cannot be cancelled or varied except with our written consent and on terms which will indemnity us against all loss.
8. BANKRUPTCY. If the Buyer shall have a receiving order in Bankruptcy made against him or commit any act of Bankruptcy, or on the death or mental incapacity or insolvency of the Buyer or if an order or resolution for the winding up of the Buyer is made or if a receiver of the Buyer's assets or undertaking or any part thereof is appointed. (a) The Seller may at his option cancel the contract in relation to future deliveries (b) the price of all goods delivered to and of all work executed for the Buyer to date and all expenses incurred by us in performance or part performance of this, or any other contract with the Buyer and any sums due to us from the Buyer on this or any other account shall immediately become due and payable from the Buyer to us (c) we are to have the right to cancel any other contract made with the Buyer (d) we are to have the right without notice to enter upon the Buyer's premises and remove any goods and materials which are our property. All such rights to be without prejudice to our right to recover the amount due to us for work executed and goods delivered to date and any loss sustained.
9. DESPATCH. Time given for despatch is the date from receipt of a written order to proceed, and having in our possession all the necessary information and drawings to enable us to put to work in hand, to the date the goods are ready for desptch from our works. We will use our best endeavours to despatch on the date given, but will accept no liability for failure to do so unless a guarantee shall have been given in writing under an agreed sum, as liquidated damages for late despatch, and you have suffered loss by our delay. Should despatch be hindered or delayed by your instructions or by any cause whatsoever beyond our reasonable control, including strikes, lock-outs, war, fire, accidents or defective materials, a reasonable extension of time shall be granted. Each delivery shall be considered a separate contract and failure to make any delivery shall not vitiate or affect the contract as to others. Method of despatch of goods shall at the Seller's option, and shall not constitute a reason for non acceptance of goods by the Buyer.
10. DELIVERY. All dates or periods are quoted in good faith but no liability is accepted for failure to deliver for whatever cause, at or within a time quoted or to any particular place. The Buyer shall be responsible for providing adequate labour and facilities at the delivery points for unloading goods ordered by him, and shall keep the' Seller indemnified against all claims whatever arising form such unloading operations. Carriage will be charged at cost to all destinations unless otherwise stated in writing by the Seller. The Buyer shall accept delivery varying within 10% of quantity ordered, either over or under. Invoices will be according to quantity shipped. The Seller shall not be reponsible for non-delivery unless the Buyer gives written notice to the Seller and to the Carriers within 14 days of the Seller's invoice. The Seller shall not be responsible for damage in transit or for short delivery unles the Buyer gives written notice to the Seller and the the Carriers within three days of the receipt of the goods.
11. TERMS OF PAYMENT. Payment in respect of any of the goods shall be due on presentation of a proforma invoice, subject to our acceptance of the usual trade references, payment shall be due 30 days from end of month of invoicing in respect of which, time shall be of the essence of the contract. Interest shall accrue at 5% above rate for the time being of Lloyds Bank Lld on any sums outstanding after the date when payment becomes due from that date until actual payment. Failure to pay within this period will without prejudice to any other remedy available to the Seller allow the Seller to suspend all work and withold goods appertaining to this or any other contract for the Buyer. All account collection expenses incurred including interest accrued, and the cost of the return transportation to the Seller may be charged at cost before normal trading continues. Any liability on our part is subject to the terms of payment and our customers' other obiligations to us under the contract being strictly observed.
    1. Any goods in the Buyer's premises for which payment has not been received remain our property and may be collected removed or seized in the event of payment not being made when due for any reason.
    2. Without prejudice to (a) and in addition to any general lien, we are to be entitled (in event of the Buyer's insolvency) to a lien on all goods of the Buyer in our possession (although the same may have been paid for wholly or in part) in satisfaction of the whole or part (as the case may be) of the unpaid price of any other goods sold and delivered to the Buyer under the same or any other contract.
12. DISCOUNT. Discount is not allowable against cash settlement or on any settlement term basis.
13. MINIMUM CHARGE. Orders are subject to minimum charges as current at date of tender.
14. ACCURACY. Work is carried out to reasonable workshop accuracy for the respective class of material. Where special dimension limits are required, they should be clearly stated on the enquiry and/or the order. Where the Buyer has specified that the goods shall be of certain colour, size, manufacture, type or material, such specification shall be subject to reasonable commercial variation, other than where specifically agreed with the Seller in writing.
15. RETURNS. Goods supplied to customer's order may not be returned without our written consent. We reserve the right to refuse goods so returned.
16. PACKING. Cases and frames will be credited in full in returned carraige paid in good condition within one month of receipt. If not returned in one month we reserve the right to invoice same. All packaging is executed at the discretion of the Seller suitable to the method of delivery. Should the Buyer stipulate special requirements this will be provided where possible with all costs involved charged to the Buyer.
17. GUARANTEE. Everything in our power is done to secure goad material and workmanship. In the event of any material, product or work being proved to our satisfaction to be faulty on delivery, we shall at our own expense and at our own option repair or replace it so far as practicable but our liability shall in no case extend to any consequential or other damages and is limited to the contract price of the goods requiring replacement supplied by us provided that such defective goods are returned to our Works within three months after delivery. We do not hold ourselves responsible for incorrect or unsatisfactorily goods supplied owing to misleading or insufficient instructions or information relative to the requirements and conditions of application. Except as provided by these terms and Conditions all express and implied conditions and warranties statutory or otherwise, as to quality or fitness for any purpose of the contract products are hereby expressly excluded. In as much as we have no control over the use to which the Buyer may put the materials, components or products, covered by an order, we do not warrant the goods will be fit for any particular purpose. Further the Buyer in deciding the purpose for which the goods are supplied is not to rely and by entering into these Terms and Conditions confirms that he has not relied on our skill and judgement. No warranty condition description or representation is to be taken to have been given or implied from anything, said or written in the negotiations between the parties or their representatives prior to this contract and the Buyer hereby confirms that he does not rely and has not relied on any such thing.
18. We will not be responsible for any damage or injury direct, indirect, incidental or consequential, to the Buyer or to others or to any property caused by, or arising out of or in connection with advice given covering supply of the products goods or material or the installation, repair or maintenance of any product, goods or materials notwithstanding that the same may be due to negligence on the part of our employees or agents or to any defect, inherent, latent or otherwise which may be or which may subsequently develop in products, goods or materials supplied by us.
19. FREE ISSUE. Where the Buyer supplies free issue material, goods, samples or tools, the Company cannot accept any reponsibility for the complete or partial loss of that material due to accident, theft, negligence or workmanship by any employee of the Company or third party whilst the goods are in transit or in the jurisdiction of the Seller.
20. SUBCONTRACT. The Seller reserves the right to subcontract any order, part order, tooling, engraVing etc, to a third party without consultation or notification to the Buyer, and we shall further be allowed to pass on any information, drawings, tools or fixtures belonging to the Buyer to enable the third party to produce the goods required.
21. No modification of these Terms and Conditions shall be affected by our receipt or acknowledgement of a Purchase Order containing additional or different conditions, as acceptance or an order is "governed solely and exclusively by the conditions as stated herein.
22. LEGAL CONSTRUCTION. This agreement should be construed in all respects in accordance with the laws of England and all disputes which may arise under, out of, or in connection with, or in relation to, this contract should be submitted to the arbitration of the London Court of Arbitration, under and in accordance with, its current rules.
23. HEALTH AND SAFETY AT WORK ACT 1974. We recognise our obligations under the above act but we disclaim any liability that is not specifically imposed by the requirements of the Act.