Contracts and orders are only entered into or accepted subject to the “Company” (Investment Castings (Congleton) Ltd.) conditions of sale as herein printed. The “Company” conditions shall not be deemed to have been altered, modified or varied by any conditions stipulated by the Buyer, unless such alterations, modifications or variations have been expressly accepted in writing by the “Company”.
A quotation is not an offer and may be withdrawn without notice. Any order given in respect of a quotation is not binding on the “Company” until a written order is received and accepted by “The Company”.
Quotations are based on current rates of wages, raw materials and general commodities and unless the “Company” and Buyer have agreed that they shall be fixed are subject to adjustment in the event of any increases or decreases in such rates. In the case of such changes occurring during the currency of an order, the price of the undelivered portion of the order outstanding at the date of such change shall be subject to proportionate adjustment.
3.1 All prices quoted are unless otherwise stated exclusive of VAT, levies or duties from time to time in force all of which will be paid in addition to the price to the “Company”. The “Company” reserves the right without notice to vary the prices to take account of any increase in the cost of materials or transport and current rates of any import or export duty or other Customs and Excise Duty or Government levy.
The price unless otherwise stated is not inclusive of delivery which will be charged in addition. If the Buyer specifies in writing any packaging requirements, insurance, other than any provided as standard by the Company then this will be charged in addition to the price quoted.
Where the company has agreed to stock hold products for the Buyer then notwithstanding anything contained within the Contract such stock held products will be at the risk of the Buyer from the date of production.
Any change to a Buyers product specification of a stock held product rendering the product scrap or requiring additional work will result in the Buyer being liable for the cost of the product.
Unless otherwise agreed by contact drawing and/or specifications, the work will be performed to the appropriate standards of commercial tolerances as established under current British Standards applicable.
NOTE: Nothing in this Clause shall restrict the Buyer's rights under the Unfair Contract Terms Act, 1977.
The Buyer shall indemnify the “Company” against any claim or liability in respect of any infringement of a patent or registered design, copyright or other industrial property resulting from compliance with the Buyer's instructions expressed or implied.
All information which the “Company” has divulged or made divulged to the Buyer and any information relating to the “Company” business, products or processes, which may have come or may come into the possession of the Buyer in the course of quoting and or carrying out the order shall be treated by the Buyer in confidence and shall not without the prior written consent of the Seller be disclosed to any third parties.
Following Sample Approval by the Buyer an invoice will be issued for Tooling, Samples and any relevant carriage. Payment for Tooling will be made in Sterling within 7 days of the invoice date. Payment for Tooling and Samples is required before any further orders will be processed.
Payment for goods will be made in Sterling to the “Company” within 30 days of the invoice date. Payment is not to be refused or delayed because of any alleged defect in the goods. Time will be of the essence in respect of such payment and where such payment is not received within the time limit specified then interest 2% above the Bank rate at the time shall be applied. Defective goods must be returned within seven working days of receipt with reason for rejection stated in writing.
Without prejudice to its other rights and remedies the “Company” may suspend further delivery of any goods ordered by the Buyer from the “Company” until the default of payment has been remedied and will be under no liability to produce any goods for delivery to the Buyer, nor will it be liable for any loss arising from such non-delivery notwithstanding that an order may have been placed with the Company
Substantial packing materials such as pallets and stillages provided by the “Company” which are not charged as extras must be returned within 28 days and a receipt obtained, otherwise the aforesaid will be charged to the Buyer as extras.
The “Company” does not accept any responsibility for goods in transit unless such damage is reported by separate notice in writing to the carriers and to the “Company” within three days of receipt of goods by the consignee and the goods have been signed for as not examined. In the event of non-delivery of the goods in whole or in part, no claim can be entertained unless notice in writing of such non-delivery reaches the “Company” within such time from the date of despatch as would enable a claim to be made on the carrier.
Estimated delivery dates are given in good faith but the “Company” shall not be liable for failure to deliver on these dates, nor shall such failure be deemed to be a breach of the Contract, or any of its conditions, or part thereof.
In the event of dislocation of work in the establishment of the “Company” during the currency of the Contract, owing to strikes, lock-outs, trade disputes, breakdowns, accidents, lack of supply of materials, parts or power and/or causes beyond control, deliveries may be partially or wholly suspended until the dislocation in working is ended. The time of any such suspension will be added to the time of original Contract.
The ownership of the goods to be delivered by the “Company” would only be transferred to the Buyer when he had met all that is owing to the “Company” no matter on what grounds. Until the date of payment, the Buyer, if the “Company” so desires, is required to store the goods in such a way that it is clearly the property of the “Company”.
If the “Company” and Buyer agree that, if the Buyer shall make any alteration to the goods or otherwise deal with the goods as to make them indistinguishable from other same delivered goods the “Company” will be given the ownership of the new goods as Surety of the full payment of what the Purchaser owes the “Company”.
The Buyer will keep records in an orderly and efficient way so as to clearly distinguish the goods in its records as belonging to the “Company”.
The “Company” reserves the right to remove any unpaid goods from the Buyers premises.