CANCELLATION
The company shall be entitled to full indemnity if the buyer cancels an order,which the company has accepted. Orders
accepted by the company shall not be cancelled by the buyer without the company’s prior written consent in the event
of such a consent being give, the companyreserves the right to charge a cancellation fee as a condition thereof. After
despatch goods may not be returned to the company without prior written consent and in the event of the company
givingsuch consent (subject tothe goods not havingdeteriorateddepreciatedor been damaged)the companyreserves
the right as a condition ofsuch consent to charge arestocking feeequivalent to 15%ofthe purchase price of the
goods.
SAMPLES
In all instances where the company is workingfrom anewspecification, an alteredspecificationor specificationnew to
the company, the company may submit samples for approval before executing the order which will then only be
commenced on receipt of the buyer’s approval of the samples will only be submitted if requested by the buyer at the
time of placing the order. Allsamples submittedwillbe chargedtothe buyer unless returned undamaged, carriage paid,
to the company’s premises fromwhich they are Despatchedwithinone month of Despatch.
INDEMNITY AGAINST INFRINGEMENT OFINDUSTRIAL PROPERTY RIGHTS
The buyer will fully indemnify and hold the company harmless against any claim or liability in respect of any
infringementor alleged Infringement of any Patent,Trade Mark, Registered design or any other like claim resulting from
compliance with buyers instructions express or implied.
DELIVERY ANDCARRIAGE
a) Delivery commitments are entered into ingoodfaith, but the companyshall notbe liable for failure to deliver onthe
specified date, nor shall any failure be deemed to be in breach of contract or any part of its conditions or part
thereof. Refusal of the buyer to accept part of the whole delivery at the time specified in the contract shall permit
the company to decline tomake further deliverywithout prejudice to the company’s rights to recover damages for
breachof contract.
b) Where the contract calls for delivery by instalments, each instalment shall be regarded as a separate contract and
any defects in any instalment or failure to deliver any instalments shall not give the buyer the right to cancel the
balance ofdeliveries due under this or any other contract betweenthe parties.
PASSINGOFTITLEANDGOODS
The property in all goods sold by the companyshallremainwith the company untilsuchsums at any time owing to the
company under his or any other contract have been paid in full. The company reserves the right, to repossess the
goods at any time and from any person, firm or company and from anyplace untilsuchsums due to the company have
beenpaid in full.
CLAIMS/LIABILITY
a) Any claim inrespect of goods alleged, tobe damaged or defective or goods miss-delivered or short-deliveredmust
be made to the company inwritingwithin 3 days of the date of Despatch for road transport. Buyers are required to
have receipts for goods delivered signed by a responsible person and shall be presumed to have examined the
goods before suchsignature.The marking of anyreceiptunexaminedor by anysimilar wordingshallnot affectthis
presumption.
b) The company shall have no liability in any circumstances for any consequential loss and in no case shall the
company’s liabilityexceed the invoiced value of the goods in question. It is amatter for the company’s reasonable
discretionwhether toreplace the goods or refund the purchase price.
DEFECTIVEGOODS
If it is proved to the company’s satisfaction that anymaterial or workmanship inthe goods is defective, the company is
prepared to rectify or replace at its option such defective goods. If suchrectification or replacement is not practicable
the company will give credit for such defective material and workmanship, to an amount not exceeding the invoice
price. Inno circumstances whatever shall the companybe liable for any further or consequential loss.
FAILURETOTAKE DELIVERY
If the buyer fails to acceptdeliveryof the goods as specified the companyshall notbe boundtotender or re-tender the
goods,butthe companyshallhave the right;
a) To invoice suchgoods including costs ofnon-acceptance for immediate payment.
b) Tosellthe goods elsewhere andrecover any difference inprice including costs of non-acceptance from the buyer.
c) Tomake areasonablestorage charge for goods remaining on the company’s premises longer thanone month.
FORCEMAJEURE
Notwithstanding any other provisions hereof, should the manufacture, processing, supply or despatch of the whole or
any part of the goods, contracted for be prevented or hindered by any cause or causes beyond the company’s control
the companyshall be entitledeither to cancel the contract or to postpone or suspend any delivery or deliveries under
the contract until in the company’s judgementsuch cause has ceased to operate. The companyshall not be under any
liabilitywhatsoever inrespect of anysuch cancellation, postponementor suspension. Without limiting the generality of
the cause or causes referred to above the same shall include war, fire, accident, breakdown of plant or machinery,
strikes and lockouts (whether affecting the company’s works or those ofsupply contractors or carriers) non-delivery or
delay of anymaterials of any circumstances which directly or indirectly interrupt prevent or hinder the due performance
of the contract.
LAW ANDJURISTICTION
The law of Englandshall apply and the English courts shall have sole jurisdictionon respect of any claim or dispute in
anyway arising from the sale of goods or the supply ofservices under these terms by the company to any customer in
any part of the world. But the companyshall be entitled to institute legal proceedings for the recovery ofmonies due to
the company in any appropriate court in the country inwhich the goods have beenexported.
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