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1. General. Quotations are given and orders for work and services are
accepted subject only to the following Conditions. Any Conditions which
you seek to impose will be inapplicable unless expressly accepted in
writing signed by one of our Directors.
2. Quotations. Unless previously withdrawn, a quotation is open for
acceptance within the period stated therein, or when no period is so stated,
within 14 days only after its date. Oral quotations are for guidance only
and are not binding upon us. Written quotations will not normally be
submitted, and in any event will not be binding upon us, unless any
necessary drawings and specifications have first been submitted to us in
writing and, where we deem it necessary, sample components provided to
us.
3. Acceptance. Notwithstanding the receipt by us from you of an order or of
an acceptance of our quotation, such order or acceptance shall not be
binding upon us until confirmed by us by our forwarding to you our form of
acknowledgement or order incorporating these Conditions.
4. Advertising Matter. Specification, descriptions and illustrations contained
in our catalogues, brochures or other advertisement matter are
intended to give only a general idea of the goods, work or services
concerned and none of these shall form part of the Contract.
5. Delivery. Any times quoted for despatch or delivery are estimates only not
involving us in any liability for failure to despatch or deliver within such
time, and are in all cases to date from receipt by us of your written order to
proceed and of all necessary information to enable us to put the work in
hand. The time for despatch or delivery shall be extended by a reasonable
period if delay in despatch or delivery is caused by instructions or lack of
instructions from you or by industrial dispute or by any cause beyond our
reasonable control. Any despatch dates given in our quotation or our
acknowledgement or order are subject to confirmation upon receipt from
you of a definite date for receipt of goods into our works for processing.
6. Payment. (a) The prices quoted or given in our acknowledgement of order
are strictly net and exclusive of Value Added Tax. Payment shall be due,
together with the costs (if any) of carriage, packing and any special tests,
certification or other specific requirements not included in the price on or
before the last day of the month following the month of despatch of the
goods or of notification that the goods are ready for collection where
delivery is to be ex-
(b) Interest at the rate of 1% per month and proportionately for part of a
month shall accrue on all overdue payments.
7. Prices. If by reason of any increase in the rates of wages payable to labour
or in the cost of material, fuel, gas, electricity, insurance, transport or ot her
services or of confirming to such laws, orders, regulations and bye-
are applicable to the work or apply to or affect us in the performance of our
obligations under the Contract, above the rates and costs ruling at the date
of our acknowledgement of order, the cost to us of performing our
obligations under the Contract shall be increased, we may give notice in
writing to you increasing the contract price to such amount as is stated in
the notice. Any increased price shall be payable as from the date of the
notice as if it were the original contract price, and a price so increased may
from time to time subsequently be further increased in similar manner.
Provided, however, that if within 8 days after receipt of any such notice,
you give notice in writing to us to cancel the balance of the Contract, we
shall be entitled to complete and charge for any such articles as we have
begun to treat at the time of receipt of notice from you are the price
prevailing immediately prior to the date when notice of increased was
given.
8. Lien. For so long as any account remains unpaid we shall have an absolute
right of lien upon any of your goods that may be in our possession or under
our control and we may enforce such lien whenever and to the extent that
any payment is three months’ overdue without previous notice to you.
9. Standards. (a) Unless otherwise agreed in writing the quality and finish of
work shall be such as will provide a reasonable service in compliance with
the generally recognised standards in the trade for the class of work, type,
quality and finish of the product concerned.
(b) We can accept no liability under paragraph (a) of this clause (whether
any defect is apparent on inspection or not) unless a written claim is made
within 14 days of the receipt of the goods stating the alleged defect in
standard or in quality of work or finish whereby the goods are not in
accordance with the Contract and a reasonable number of articles
exhibiting the defect or defects complained of is or are apparent are
forwarded to us for inspection within the said period and we are given the
opportunity to remedy any such defect or defects. Our liability hereunder (if
any) shall in all cases be limited in accordance with the provisions of
clauses 13 and 20 hereof.
10. Tests. Our products and work are carefully inspected and where applicable
submitted to standard tests before despatch. Special tests not identified in
our acknowledgement of order will be charged for. In the case of
destructive tests such as hardness and adhesion, these would include the
provision of suitable test pieces and their processing but will not be carried
out unless we are specifically instructed to do so in identified batches. In
such cases, provision of agreed suitable test pieces will be your
responsibility unless otherwise agreed.
11. Performance. We will accept no liability for failure to attain any
performance figures quoted by us unless we have specifically guaranteed
them in the Contract. If the performance figures obtained on any test
provided for in the Contract are outside the acceptance limits specified
therein, you will be entitled to reject the goods, but before rejecting the
goods and claiming, within the provisions of clause 20, you will give us
reasonable time and opportunity to rectify their performance. You assume
responsibility that processes stipulated by you are sufficient and suitable
for you purposes save insofar as your stipulations are in accordance with
our advice.
12. Matching. We shall be under no obligation to ensure that any goods or
components or parts are an exact match or that one batch exactly matches
another, whether the colour or finish are defined by reference to a sample
or by description. Where a colour or finish is specified in the Contract by
reference to a sample or description, you shall accept as complying with
the Contract all parts which are a commercial match with the sample or
correspond with the description, as the case may be, and a commercial
match with each other in accordance with the standard generally
recognised in the trade. We shall be under no liability for any failure to
provide a commercial match if failure is due wholly or partly to differences
in the materials from which the respective goods, components, or parts are
made or to any process or treatment to which the same have previously
been submitted
13. Defects. We shall be under no liability howsoever arising in respect of any
defects appearing in any goods, components or parts (including failure to
provide colour matching between different batches) at any time which is
due or partly due to the material of which the same is made, its design or
method of manufacture, or any process or treatment applied thereto by any
person other than ourselves.
We undertake to make good free of charge any defects which, under
proper use, appear in goods, components or parts the subject of the
Contract within a period of six months after leaving our works or half their
average working life whichever is the shorter, and which are due to faulty
materials, workmanship or design (other than materials or workmanship
or design provided or specified by you) provided there has been no
maltreatment thereof and provided further that we are notified in writing
immediately such defects appear and the defective parts are returned to us
for rectification.
This undertaking shall be accepted by you in lieu of any warranty or
condition implied by law as to the quality or fitness for any particular
purpose of such goods, components and parts or as to the manner in
which work is done and save as provided in the clause we shall be under
no liability, whether for breech of contract or of statutory duty, in tort
(including but not limited to negligence) or otherwise in respect of any
defects therein or for any service or advice in relation thereto or for any
injury (other than death or personal injury caused by negligence on our part
as defined in the Unfair Contract Terms Act, 1977) or for any loss or
damage resulting from such defects or from any work done in connection
therewith.
14. Export Contracts. In the case of goods or work for export we will give you
reasonable opportunity to inspect and test the same at our works before
despatch and we shall not be liable for any defects whatsoever howsoever
arising after such an opportunity has been given and the goods have been
dispatched.
15. Extras. The prices given in our acknowledgement of order include only for
such work and services as are specified therein. The extra cost of any work
not specifically required by the Contract shall be added to the Contract
price and paid for accordingly and all such work shall be carried out subject
to these Conditions.
16. Loss or Damage in Transit. We shall be under no liability for any loss or
damage in transit unless due to negligence on our part or that of our
servants or agents and then only if notice in writing of such loss or damage
is received by us within 8 days after delivery or where delivery is made by
our own transport, within a reasonable time after receipt of the advice not e.
Any claims for non-
the advice note.
17. Packaging. Items despatched to us for processing should be suitably
packed having regard, inter alia, to their manufacturing tolerances, quality
and the inherent value of the items in question. We assume that you are
expert in the preparation of your goods for shipment. We will use the same
packing where practical and packed to at least as good a standard for
return to you. Any additional packaging requirements, whether required by
you, or deemed necessary by us to protect the work, will be chargeable.
18. Barrel Plating and Bulk Processing. Quotations for barrel plating work
and other bulk processing of small parts are given, and contracts for such
work accepted, subjected to the customary trade allowance for wastage of
5%. Such work will generally be charged for and checked by weight or
quantity only as appropriate.
19. Insurance. We shall insure the goods from the time they are received into
our works until the time they are despatched against risks of loss, damage
or destruction by fire, explosion, lightening, earthquake, malicious
damage, theft, flood, storm, tempest and aircraft and other aerial devices or
articles dropped therefrom up to a maximum value of £5,000 for any one
item or individual batch. Orders for goods valued in excess of this figure
shall be identified clearly on your order indicating their true value. Should
you require insurance cover in any way different from the above, we must
be advised in adequate time prior to the receipt of the goods in our works
and we reserve the right to requote for processing any goods which are the
subject of a request for increased insurance cover, or to refuse to accept
such goods. In no case shall our liability, if any, for loss or damage to the
goods at our works caused by such insured risks exceed the limit of
indemnity under the Policy. The relevant Insurance Policies may be
inspected at our offices at any time upon receipt of written request.
20. Limitation of Liability. Except as otherwise provided under these
Conditions, our liability whether arising by reason of breech of contract or a
statutory duty or in tort (including but not limited to negligence) or
otherwise howsoever other than in respect of claims for death or personal
injury caused by negligence as defined in the Unfair Contract Terms Act,
1977, shall be limited in respect of any article to three times the
Contract price for processing the same. We shall not be liable to you for
any loss of profits or loss of contracts or loss of use or for any indirect or
consequential loss or damage whatsoever.
21. Confidential Information. All specifications, drawings, technical descriptions
and details of processes (hereinafter called “information”) submitted
with our quotation or supplied to you pursuant to the Contract are supplied
in confidence. You shall keep the information confidential and shall not
disclose the same to any third party without our prior written consent and
shall use the same only for the purposes of the Contract. Nothing in this
clause shall prevent us from undertaking or offering to undertake for third
parties any work or services similar to or designed to achieve the same
results as the work or services provided under this Contract.
22. Jigs or Tooling. Any jigs or tools made by us for the purpose of the
Contract shall remain our property notwithstanding that the cost thereof
may be included in whole or in part in the Contract price. All drawings and
information relating to such tools and jigs remain our property and our
copyright and you undertake that you will not copy or make use of the same
for the benefit of any third party without our prior written consent.
23. Arbitration. If at any time any question, dispute or difference whatsoever
shall arise between you and ourselves upon, in relation to, or in connection
with the Contract, either of us may give to the other notice in writing of the
existence of such question, dispute or difference and the same shall be
referred to the arbitration of a person to be mutually agreed upon, or failing
agreement within 30 days of the receipt of such notice, to some person
appointed by the President for the time being of the Institute of Metal
Finishing.
24. Legal Construction. Unless otherwise agreed in writing, the Contract
shall in all respects be construed and operate as an English Contract and in
conformity with English law and the English courts shall have exclusive
jurisdiction over any matter arising out of the provisions of clause 2.3.
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