Terms and Conditions
In these conditions 'the company' means the Company issuing the Quotation or Acceptance of Order or otherwise assuming the obligations of seller under any contract to which these Conditions are applied.
All prices quoted and invoiced by the company are strictly net
Customers whose credit card do not match the invoice and delivery address will be contacted to prevent fraudulent transactions and this may result in orders being delayed or cancelled. We do not accept payment by credit cards from outside the UK. Orders from outside the UK will need to be paid by bank transfer.
Goods To Order
Manufactured goods made to order and goods purchased to order will require a 50% deposit and the balance paid prior to delivery. Delivery Time will be quoted at time of purchase. These goods are not refundable.
1. The company will use it's best endeavours to comply with any delivery date or period agreed with the customer but shall be under no liability for any delay in delivery caused or contributed to by any fire, accident breakdown industrial dispute difficulty in obtaining materials war force majeure or any other occurrence or circumstances whatsoever beyond the control of the Company.
2. Any quoted or agreed delivery shall run from the date on which the customer's order is accepted by the Company.
3. If as a result of any occurrence mentioned in 1 above the Company shall be hindered or prevented from delivering all or any part of an order it may by written notice to the customer cancel the order or the undelivered balance thereof without any liability to the customer in respect of such cancellation.
4. Any delay in delivery of goods which is excusable under this condition shall be excused notwithstanding that goods of the same description may be available from another source for purchase by the Company for supply to the customer.
1. The Company shall be entitled to withdraw any quotation at any time prior to the Company's Acceptance of an order.
All conditions and warranties, expressed or implied, as to the quality of any goods sold, or their fitness for any particular purpose or their performance capability or otherwise and whether arising by law, custom or any course of dealing are hereby excluded, and the company shall be under no liability whatsoever in respect of any loss, damage, liability or expense suffered or incurred by the customer as a result of or in connection with the sale or supply of any goods or the performance of any service by the Company even if suffered or incurred in consequence of the negligence of the Company or its servants agents or subcontractors.
The Company's liability if any (whether in contract or in tort and including any liability involving negligence) shall in no circumstances exceed the price actually received by the company for the goods or services in relation to which such liability shall have arisen provided as follows:
1. In the case of goods, which are defective or at variance with specification the Company may at its option discharge such liability by repairing or replacing the goods free of charge.
2. The Company shall before replacing any goods under 1 above be entitled to the return of the goods, which shall there upon become the property of the Company.
3. The Company shall not in any circumstances be liable for incidental or consequential loss or damage.
4. The Company shall be discharged from all liability in respect of goods, which are defective, or at variance with specification unless written notice (by recorded delivery) of the defect or variance from specification shall be given to the Company within 7 days after delivery of the goods to the customer.
The Company shall (without prejudice to any other remedy available to it) have in respect of all unpaid debts due from the customer and general lien on all goods or property of the customer in the possession of the Company for whatever purpose and whether worked upon or not and shall be entitled on the expiration of not less than 14 days notice in writing to the customer to dispose of such goods or property as the Company shall think fit as to apply the proceeds of such disposal in or towards the satisfaction of such debts.
The company may at any time without notice to the customer set off any liability of the customer to the Company against any liability of the Company to the customer whether the liability of the customer or the Company shall be actual or contingent primary or collateral or joint or several and whether expressed as a liability to pay money or a liability to deliver goods or services
1. Without prejudice to any other available remedy the Company may if the customer is in default in making any payment due to the Company (whether under the same contract or otherwise) suspend further transfer of delivery of goods or performance of services so long as such default continues or, at its option, cancel any outstanding order or the undelivered balance thereof, without any liability to the customer in respect of such suspension or cancellation. Payments for such loss, damage, liability or expense shall be due within 48 hours of the date of invoice for same.
2. The customer shall not be entitled to cancel any order placed with the company or to require the Company to suspend or defer any delivery to the customer under any such order accept with the written consent of the Company and upon such conditions that the Company shall to such consent.
No contract entered into by the customer with the Company and no liability of the Company to deliver goods or services to the customer shall be assigned by the customer without the written consent of the Company which the Company may give or withhold in its absolute discretion.
1. All goods sold by the Company shall remain the property of the Company until the payment of the price in full.
2. The goods shall be the sole risk of the customer from the time at which they are delivered to the customer or carrier at the agreed place of delivery (whether carriage is arranged or paid for by the Company or by the customer). Unless otherwise agreed in writing the agreed place of delivery shall be deemed to be the premises of the Company.
3. The Company shall not in any circumstances be liable for loss or damage to goods in transit to the customer unless:
a) Any damage or shortage is reported in writing (by recorded delivery) to the Company and the carrier within 7 days after delivery.
b) In the case of total loss the customer gives written notice (by recorded delivery) to the Company of the non-arrival of the goods within a reasonable period (not exceeding 7 days) after receipt of the Company's invoice.
4. Goods sold by the Company and returned by the customer to the Company shall be the sole risk of the customer until such goods shall have come into custody of the Company at the premises of the Company where (having regard to the nature of the goods and the reason for their return) the goods will be unpacked and or inspected. A 15% restocking charge will be applied to all goods returned. Goods made to order are not refundable. This paragraph shall apply not withstanding that the goods shall come into the possession or custody of the Company at some earlier time, whether by collection or otherwise.
Unless otherwise agreed by the Company in writing all tools, dies, patterns, designs and other items made or supplied by the company for the execution of the customers orders shall remain the property of the Company not withstanding any charge made to the customer in respect thereof.
To the best of the Company's knowledge goods sold to the customer will not infringe any patent, trademark, registered design or copyright of any third party but the Company shall in no circumstances be liable to the customer in respect of such infringement.
1. Unless otherwise agreed in writing goods and services are sold to manufacturing tolerances customarily accepted in the trade.
Unless otherwise agreed in writing, any contact between the Company and the customer shall be governed by English Law