1.1 ‘The Company’ in these terms shall be taken to mean Advanced Industrial Rewinds Limited.
1.2 All contracts are deemed to be entered into in England and shall be governed and construed in accordance with English Law.
1.3 All orders are accepted by the Company solely upon and subject to the conditions of sale as detailed herein. The Company’s conditions prevail if the conditions in the Buyer’s order are different. Any variation may be agreed upon in writing by the Company.
1.4 Submitted quotations and accepted orders include only such , provision, labour and work as are specified or referred to therein. No variation shall be binding on the Company unless agreed in writing by the Company.
2 Drawings & Particulars
2.1 All descriptions, specifications, data, studies, photographs or drawing etc, submitted with the Company’s estimate or quotation are approximate and do not form part of the contract.
2.2 If the buyer wishes to rely upon any statement or representation which is additional to or at variance with the documents or quotations submitted the Buyer must obtain the Company’s prior written agreement to the inclusion of that statement or representation before the contract is made.
3. Contract Performance
3.1 Property or ownership of the goods will only pass to the Buyer upon satisfactory payment in full of all monies that are owed in respect of the contract.
3.2 If the property has not passed to the Buyer, the Buyer is responsible for the insurance, at that company’s selling price, of the goods immediately the goods have been delivered and if called upon to do so will note the Company’s interest on any Contract of insurance. In addition the Buyer is responsible in full for the safe custody and storage of the goods and must ensure that the goods are separately stored and clearly identified as being the property of the company.
3.3 Any goods or accessories supplied or work carried out beyond the scope of this contract are to be treated as additional to the contract. These will be charged at current prices and rates.
3.4 Orders shall not be cancelled or amended without the Company’s written consent and only upon terms which indemnify the Company against loss.
3.5 Orders are accepted on the condition that, if before delivery, the goods are destroyed lost in transit, or damaged from any cause are unable to be delivered through acts of God/war, strikes, or any other causes beyond the Company’s control the Company may cancel the order.
4.1 The prices quoted remain valid for a period of ninety days from the date of issue.
5.1 Delivery shall be deemed to take place when the goods arrive at the Buyer’s works and have been offloaded from the transport vehicle or when the Buyer or his Agents have accepted the goods from the Company or their Agents for shipment.
5.2 Delivery times are determined at date of confirmation of order. All reasonable endeavours will be made to complete the order within the time stated. However, the Company will not be liable to the Buyer or any third party for any loss or damage due to late delivery however caused.
5.4 Where assistance is required by a Buyer from the Company’s employees or agents for unloading or installing the goods the Company shall not be liable for any accident loss or damage caused or arising out of such assistance whether by negligence or otherwise.6. Payment Terms
6.1 Terms of payment are specified by the Company in its quotation, confirmation of order or elsewhere. The Buyer must pay the agreed sum(s) by the due date(s). The Company’s obligations under the contract are subject to the payment terms and other conditions of the contract being observed by the buyer.
6.2 Any down payment or deposits received by the Company will not be refundable in the case of an order cancelled by the Buyer and shall be retained by the Company on account if any financial loss result from such cancellations but without prejudice to the right of the Company to claim any additional loss or damage resulting from such cancellation.
6.3 Payment for normal services or spares must be made by the end of the month of supply, Nett monthly account.
6.4 The Company reserves the right to charge interest on overdue accounts
7. Conditions & Warranties
7.1 Save as hereinafter provided no condition or warranty is expressed or is to be implied as to quality or fitness for any purpose or as to correspondence with description or sample either with regard to the goods to be supplied or as to any parts or material used in their manufacture and any statutory or other warranty condition description or representation express or implied as to the state, quality or fitness of the goods is expressly excluded.
All goods are guaranteed against defective workmanship and material for one year. Such guarantee commences from the date of delivery subject to the goods being used on a normal or otherwise, as agreed, basis only provided that the Company’s liability in respect of any defect in any part of the goods supplied proved to be defective is limited to making good by replacement or repair at the Company’s option but free of charge. The Company accepts no responsibility for consequential damages of any kind or for any breakage or replacement necessary when due to wear or by reason of any negligence or fault on the part of an operator or any other person. The guarantee shall be invalidated by the Buyer making causing or allowing any alterations or repairs to the goods or equipment without the Company’s consent or fitting accessories not manufactured or approved by the Company or by not maintaining the goods to a standard necessary for their effective and efficient use.
Any dispute arising under any contract to which these conditions apply shall be decided by an arbitrator to be appointed by the London Chamber of Trade in accordance with the provisions of the Arbitration Act 1950, or any subsequent enactment repealing or amending same.
To the best of the Company’s knowledge, the Company’s products do not infringe any subsisting patent registered design or copyright but no condition or warranty is expressed or implied in this respect and the Company will accept no responsibility for any loss or damage in the event of any infringement.