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Terms and
conditions of sale
conditions of sale
All orders accepted by the Company are subject to the following conditions which shall prevail over all conditions specified by the Buyer to the extent that the latter conflict or are inconsistent with them.
Definitions
a. Conditions means these conditions of sale;
b. Order means the order hereby accepted by the Company;
c. Goods means the goods the subject of the Order including goods altered within 8 below;
d. Buyer means the party placing the Order.
1. Prices
1.1 The prices for the Goods quoted to the Buyer are subject to any increase by the Company in the prices of such products becoming effective before delivery of the Goods which will be invoiced at the price ruling at the date of despatch.
1.2 Unless otherwise stated, the prices for the Goods to the Buyer are GBP (£) prices ex works, without VAT. The VAT depends on the rate of taxation on the day of delivery.
1.3 For orders below £ 60 a small order charge of £4.50 will be added, details of which can be supplied upon placing the Order.
1.4 For changes or special requests made after the Order is placed, the invoice will be changed to reflect these changes.
1.5 Costs for special instructions such as direct delivery (£6.50 special delivery), insurances etc. will be paid by the Buyer.
2. Deliveries
2.1 The Company will use all reasonable endeavours to keep to agreed delivery dates which are quoted on the basis of existing commitments but will not be liable for delay in delivery however caused. The time of delivery shall not be of the essence.
2.2 The Goods will be sent to the Buyer at the address he specifies by post, road or rail, as the Company may decide to be most suitable.
3. Damage
3.1 The company will not be liable for loss or damage to the Goods during transit unless the Company and the carriers are notified within 3 days of delivery. In the case of non-delivery, within 7 days from the date of receipt of an invoice.
3.2 All Goods which are the subject of complaint must be returned to the Company postage paid.
3.3 The Company is not responsible for hidden faults such as material defects etc. or for faults caused by wear and tear, improper handling or improper overhaul
3.4 In the case of well-founded complaints, the Company reserves the right to replace the Goods free of charge. All kinds of claims for compensation including resultant damages are excluded, except in case of gross negligence by the Company.
4. Quality
The Company warrants that the Goods will be of merchantable quality and will comply with their description, subject to normal trade tolerances; any claim in re¬spect of this warranty must however be notified to the Company before the Goods are used and in any case within 14 days after delivery or, if the defect in respect of which a claim is made is a latent one, within 14 days after the defect should reasonably have been discovered.
5. Suitability
The Buyer assumes responsibility for the Goods being reasonably suitable for the purpose for which they are required.
6. Risk
Risk in the Goods shall pass to the Buyer on delivery.
Definitions
a. Conditions means these conditions of sale;
b. Order means the order hereby accepted by the Company;
c. Goods means the goods the subject of the Order including goods altered within 8 below;
d. Buyer means the party placing the Order.
1. Prices
1.1 The prices for the Goods quoted to the Buyer are subject to any increase by the Company in the prices of such products becoming effective before delivery of the Goods which will be invoiced at the price ruling at the date of despatch.
1.2 Unless otherwise stated, the prices for the Goods to the Buyer are GBP (£) prices ex works, without VAT. The VAT depends on the rate of taxation on the day of delivery.
1.3 For orders below £ 60 a small order charge of £4.50 will be added, details of which can be supplied upon placing the Order.
1.4 For changes or special requests made after the Order is placed, the invoice will be changed to reflect these changes.
1.5 Costs for special instructions such as direct delivery (£6.50 special delivery), insurances etc. will be paid by the Buyer.
2. Deliveries
2.1 The Company will use all reasonable endeavours to keep to agreed delivery dates which are quoted on the basis of existing commitments but will not be liable for delay in delivery however caused. The time of delivery shall not be of the essence.
2.2 The Goods will be sent to the Buyer at the address he specifies by post, road or rail, as the Company may decide to be most suitable.
3. Damage
3.1 The company will not be liable for loss or damage to the Goods during transit unless the Company and the carriers are notified within 3 days of delivery. In the case of non-delivery, within 7 days from the date of receipt of an invoice.
3.2 All Goods which are the subject of complaint must be returned to the Company postage paid.
3.3 The Company is not responsible for hidden faults such as material defects etc. or for faults caused by wear and tear, improper handling or improper overhaul
3.4 In the case of well-founded complaints, the Company reserves the right to replace the Goods free of charge. All kinds of claims for compensation including resultant damages are excluded, except in case of gross negligence by the Company.
4. Quality
The Company warrants that the Goods will be of merchantable quality and will comply with their description, subject to normal trade tolerances; any claim in re¬spect of this warranty must however be notified to the Company before the Goods are used and in any case within 14 days after delivery or, if the defect in respect of which a claim is made is a latent one, within 14 days after the defect should reasonably have been discovered.
5. Suitability
The Buyer assumes responsibility for the Goods being reasonably suitable for the purpose for which they are required.
6. Risk
Risk in the Goods shall pass to the Buyer on delivery.
7. Retention of Title
7.1 Goods in any order or instalment of order remain, with all legal and beneficial or equitable interest, the property of the Company until payment is received in full of all sums owed by the Buyer on any account whatsoever. Until such time the Buyer shall be holding the Goods in trust on behalf of the Company and shall store them upon his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as Goods of the Company.
7.2 The Buyer, in accepting delivery of any goods before payment, is hereby deemed irrevocably to authorise the Company to repossess any or all such goods when and if payment is not made in accordance with these terms of business or at any time if the Buyer commits any act which, if committed by an individual, would amount to an act of bankruptcy. The Buyer hereby grants to the Company full and irrevocable authority to repossess and to enter the Buyer's premises during normal business hours causing no unnecessary damage, to effect repossession.
7.3 If any goods are sold by the Buyer before all sums owed to the Company by the Buyer on any account whatsoever have been paid in full, the Buyer shall be deemed to be acting on such sale as agent for the Company and shall receive the proceeds of sale as such and shall immediately pay the entire proceeds of sale into a fiduciary account with his bankers and advise them that he holds the entire proceeds of sale upon an immediate trust to pay the same to the Company and that not until payment to the Company of the agreed price shall he be en¬titled to transfer any profit thereon to any other account. The Buyer shall not mix such proceeds with any other monies and shall not pay the cheque or cash therefore into an overdrawn bank account.
7.4 Notwithstanding the foregoing, the risk in goods passes to the Buyer upon delivery of them to the Buyer or his representatives and the Buyer agrees, at its expense, to insure such goods thereupon against theft and fire and comprehensive risks.
7.5 The Company's technology is continually improving so the Company reserves the right to change the construction of its tools in respect of design and materials. Documents such as designs and sketches and samples remain the property of the Company and may be made available to third parties only with the Company's written consent. Similarly, any reproductions from this catalogue require the Company's consent.
8. Cancellation
Orders placed cannot be altered, suspended or cancelled except with the Company's written consent and on terms which will indemnify the Company against loss.
9. Return of Goods
No Goods are to be returned to the Company without the prior consent of the Company and Goods manufactured to a Buyer's special requirements are not returnable.
10. Payment
10.1 The Company's invoices are payable within 30 days of invoice date unless other agreements have been made. Cheques, direct debits and direct credits are validated as payment after cashing.
10.2 In case of arrears, the Company is authorized to charge incurring costs and bank interests.
10.3 In case of arrears despite reminder, the Company is authorized to withhold further deliveries or to deliver against advance payment or against COD.
10.4 If the Buyer has no use for the Goods which he has ordered he can request a credit for said Goods, the decision to grant such credit being taken at the Company“s discretion.
10.5 The Company reserves the right to make a surcharge of 2% per month on overdue accounts.
12. Liability
The Company shall not be liable for any consequential or special loss arising out of any breach of condition, warranty or contract on the part of the Company in respect of the Goods. The Company's liability for any such breach in respect of the Goods shall be limited to their net invoice value or (at the Company's discretion) to replacement of the Goods.
13. Law
The contract formed by the Order and this acceptance shall be governed by and construed in accordance with English law. Any disputes arising out of these Conditions shall be submitted exclusively to the jurisdiction of the English Courts.
The place of performance for deliveries and payments is
Industrial Tooling Products (UK) Limited
5 Waterloo Court
Markham Vale
Chesterfield
Derbyshire
S44 5HN
7.1 Goods in any order or instalment of order remain, with all legal and beneficial or equitable interest, the property of the Company until payment is received in full of all sums owed by the Buyer on any account whatsoever. Until such time the Buyer shall be holding the Goods in trust on behalf of the Company and shall store them upon his premises separately from his own goods or those of any other person and in a manner which makes them readily identifiable as Goods of the Company.
7.2 The Buyer, in accepting delivery of any goods before payment, is hereby deemed irrevocably to authorise the Company to repossess any or all such goods when and if payment is not made in accordance with these terms of business or at any time if the Buyer commits any act which, if committed by an individual, would amount to an act of bankruptcy. The Buyer hereby grants to the Company full and irrevocable authority to repossess and to enter the Buyer's premises during normal business hours causing no unnecessary damage, to effect repossession.
7.3 If any goods are sold by the Buyer before all sums owed to the Company by the Buyer on any account whatsoever have been paid in full, the Buyer shall be deemed to be acting on such sale as agent for the Company and shall receive the proceeds of sale as such and shall immediately pay the entire proceeds of sale into a fiduciary account with his bankers and advise them that he holds the entire proceeds of sale upon an immediate trust to pay the same to the Company and that not until payment to the Company of the agreed price shall he be en¬titled to transfer any profit thereon to any other account. The Buyer shall not mix such proceeds with any other monies and shall not pay the cheque or cash therefore into an overdrawn bank account.
7.4 Notwithstanding the foregoing, the risk in goods passes to the Buyer upon delivery of them to the Buyer or his representatives and the Buyer agrees, at its expense, to insure such goods thereupon against theft and fire and comprehensive risks.
7.5 The Company's technology is continually improving so the Company reserves the right to change the construction of its tools in respect of design and materials. Documents such as designs and sketches and samples remain the property of the Company and may be made available to third parties only with the Company's written consent. Similarly, any reproductions from this catalogue require the Company's consent.
8. Cancellation
Orders placed cannot be altered, suspended or cancelled except with the Company's written consent and on terms which will indemnify the Company against loss.
9. Return of Goods
No Goods are to be returned to the Company without the prior consent of the Company and Goods manufactured to a Buyer's special requirements are not returnable.
10. Payment
10.1 The Company's invoices are payable within 30 days of invoice date unless other agreements have been made. Cheques, direct debits and direct credits are validated as payment after cashing.
10.2 In case of arrears, the Company is authorized to charge incurring costs and bank interests.
10.3 In case of arrears despite reminder, the Company is authorized to withhold further deliveries or to deliver against advance payment or against COD.
10.4 If the Buyer has no use for the Goods which he has ordered he can request a credit for said Goods, the decision to grant such credit being taken at the Company“s discretion.
10.5 The Company reserves the right to make a surcharge of 2% per month on overdue accounts.
12. Liability
The Company shall not be liable for any consequential or special loss arising out of any breach of condition, warranty or contract on the part of the Company in respect of the Goods. The Company's liability for any such breach in respect of the Goods shall be limited to their net invoice value or (at the Company's discretion) to replacement of the Goods.
13. Law
The contract formed by the Order and this acceptance shall be governed by and construed in accordance with English law. Any disputes arising out of these Conditions shall be submitted exclusively to the jurisdiction of the English Courts.
The place of performance for deliveries and payments is
Industrial Tooling Products (UK) Limited
5 Waterloo Court
Markham Vale
Chesterfield
Derbyshire
S44 5HN
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