(a) These terms only will govern sales by us unless we expressly agree in writing to any variation.
(b) A contract is not made between ourselves and a Buyer until we have accepted his order (whether resulting from quotation or ours or not).
(a) Prices are subject to alteration without prior notice and the price ruling at the date of despatch of goods will be the contract price.
(b) Unless otherwise agreed the cost of delivery to any destination will be paid by the buyer for all orders to be delivered by other than by common carrier and for orders over £50 in value when delivery is by common carrier.
(c) There will be minimum invoice and line value, which may be varied by us from time to time.
(a) Unless we have at our discretion agreed to grant credit terms goods must be paid for at the time of order.
(b) When we have agreed to grant credit, payment must be made to us not later than the thirtieth day of the month next following that in which the goods are invoiced.
(c) If any payment is overdue, interest on the sum concerned will be payable at 3% over Royal Bank of Scotland base lending rate for the time being in force.
(d) Credit terms granted may be withdrawn or altered by us at any time. Without notice.
(e) If we consider that a Buyer’s creditworthiness is impaired or because of late payments, we may at our absolute discretion and without prejudice to our rights against the Buyer, suspend performance of our obligations under the contract or treat the contract as repudiated by the Buyer.
(f) Goods will be invoiced when ready for despatch.
(g) When goods are to be delivered in instalments, each instalment will rank as a separate contract and payment is to be made accordingly. A defect in any delivery instalment shall not entitle a Buyer to suspend, reduce or refuse to make payment in respect of any instalment.
(h) The Buyer shall not be entitled to withhold payment of any amount payable under the contract to us because of any claim the Buyer might have under Term 7 or otherwise.
(a) Delivery dates quoted are estimates only. We will make ever reasonable effort to keep them but we accept no liability for any financial or other loss or damage (whether direct or indirect) if delivery is nonetheless delayed nor shall any such delay entitle the Buyer not to accept or pay for the goods when they delivered.
(b) We will arrange delivery of goods within the UK by means at our discretion unless the Buyer otherwise requires.
(c) The risk in the goods will pass to the Buyer when they are all off-loaded at their destination if we are the carrier, and on leaving our premises if not.
(d) Without accepting any liability for our failure in any case to do so we will pursue for the benefit of the Buyer any claim for damage to or short delivery or loss of goods in transit provided that we and the carrier are notified in writing of the claim within 14 days after the date of the advice note or other despatch notification in the case of a complete loss and within 5 days after delivery in the case of damage or short delivery and in the later case also that on delivery the goods have been signed for unexamined or the damage or short delivery has been recorded on the carriers delivery documentation.
(a)Fastener Express is committed to providing customers with the highest quality products and service. If, for whatever reason you decide to return goods That have been correctly supplied by us, these goods must be returned to us in original condition by you and at your cost, with a photocopy of the orginal invoice included and an explaination for the return. whereupon a full credit to the value of the goods only, will be issued. If on the rare occasion, products are found to be faulty, defective or incorrectly supplied against your order, Orbital offers a "no charge" collection, repair and delivery service. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present when the courier arrives at the collection address.
(b)Any goods that have been ordered in or manufactured specially against your instruction are unlikely to be accepted for credit. In the event that we do accept these goods for return a handling charge of 20% will apply and possibly carriage charges to cover the cost of return to our source of supply.
Packing costs will be borne by the Buyer unless in deliveries within the UK only the packing cases and materials are returned to us.
If we are asked to and agree to store goods or if we have to store goods because of the fault of the Buyer, after the goods are ready for despatch, the Buyer will pay all storage costs and all additional transport and other costs resulting from the deferment of despatch. The storage will be at the Buyer’s risk, and will not entitle the Buyer to postpone payment for the goods.
8. GUARANTEE EXTENT OF LIABILITY
(a) We guarantee goods of our own manufacture against defective workmanship and materials for a period of 12 months from the date of delivery. We will at our option repair or replace free of charge or refund the net invoiced price (less allowance for any scrap value) in respect of any such goods which are shown to have been so defective (provided always that the goods have not been subject to undue wear and term, accident, alteration or misuse).
(b) The Buyer shall ensure that the goods are made to specification prior the use. The Buyer shall have not claim in respect of defects unless a written complaint is sent to us as soon as the defect is noticed and no use is made of the goods thereafter not alteration made thereto by the Buyer before we are given an opportunity to inspect the goods.
(c) Any goods or parts not of our own manufacture incorporated in our goods or merchanted by us are not guaranteed by us but carry only any guarantee give by their maker.
(d) The Buyer is solely responsible for ensuring that goods bought from us are fit for any particular purpose and not warranty or condition of fitness for any particular purpose is given or is to be implied in these Terms.
(e) We shall not be liable for any claim or claims for indirect, consequential or incidental loss or damage made by the Buyer against us, whether in contract or in tort arising out of or in connection with any defect in the goods or any other act or omission of us in the performance of the contract
9. OWNERSHIP OF GOODS
Without prejudice to Term 4(c), The ownership of goods sold by us remains ours until the Buyer shall have paid to us the contract price together with the full price of any other goods the subject of any contract between us and the Buyer , and accordingly we reserve the right of disposal of the goods until all such payments have been made. If before he has paid us the Buyer er-seils the goods, our beneficial interest in them will attach to the proceeds of such re-sale, or to any claim for such proceeds, without prejudice to any further claim which we may have against the Buyer in respect of the goods. Our right of disposal of the goods includes the right to enter premises of the Buyer and take repossession of the goods.
10. INDUSTRIAL PROPERTY RIGHTS
If goods supplied by us to the buyer’s design and specifications infringe or are alleged to infringe any patent or registered design rights or copyright the Buyer will indemnify us against all damages costs and expenses incurred by us as a result of the infringement or allegation. The Buyer will give us all possible help in meeting any infringement claim bought against us.
(a)We reserve the right to vary at any time of giving reasonable notice the specifications (including materials and construction) and design of goods, and to supply goods as so varied in performance of any order.
(b) Descriptions and illustrations of goods in our publicity material price lists and the like, are approximate and for general guidance only neither they nor any representations made by any of our employees or agents form part of any contract between ourselves and the Buyer.
(a) All drawings, designs, specifications and the like which we supply in connection with a quotation or order remain our property and are confidential; they must not be disclosed to any third party without our written permission.
(b) We recognise the need for the confidentiality of customer’s drawings, designs, specifications and the like and will preserve the same during the works process.
(c) We reserve the right to keep confidential the identity of any sub-contractor where we deem it appropriate.
We reserve the right to sub-contract an order or any part thereof.
14. HEALTH & SAFETY
The Buyer will ensure that all information supplied by us on the use of goods (including information of the conditions necessary to secure that use is safe and without risk to health) will be available to and will be applied by his employees and contractors.
15. FORCE MAJEURE
We shall be under no liability for any delay in carrying out of for the non-performance of any of our obligations under these Terms caused by any circumstances (including but not limited to war, riot, accident, fire, store, flood, industrial dispute and supplies of labour shortages) beyond our direct and reasonable control.
16. INSOLVENCY AND BREACH CONTRACT
In the event that
(a) The Buyer shall commit any breach of the Contract and shall fail to remedy such breach (if capable of remedy) within a period of thirty days from receipt of a notice in writing from us requesting such remedy: or
(b) Any distress or execution is levied upon any of the goods or property of the Buyer: or
(c) The Buyer offers to make any arrangements with or for the benefit of its creditors or commit any act of bankruptcy or being a limited company has a receiver or administrator appointed of the whole or any part of its undertaking property or assets: or
(d) An order is made or a resolution is passed or analogous proceedings are taken for the winding up of the buyer (save for the purpose of reconstruction or amalgamation without insolvency and previously approved in writing by us).
We shall therefore be entitled without prejudice to our other rights hereunder forthwith to suspend all further deliveries until the defaults has been made good or to determine the Contract and any unfulfilled part thereof of at our option to make partial deliveries. Notwithstanding any such terminations the Buyer shall pay to us at the Contract rate for all the Goods delivered up to an including the date termination.
These Terms shall in all respects be construed and have effect according to English Law, and the parties agree to submit to the jurisdiction of the English Courts.