Terms and Conditions
FOR THE PURPOSES OF THESE CONDITIONS THE SELLER IS EMFAST LIMITED
1. APPLICATION
The Sellers conduct business only upon, and subject to, the terms and conditions printed below which shall be deemed to be incorporated in any order received or accepted to the exclusion of all other terms except those specifically accepted by the Sellers in writing and not inconsistent with these terms.
2. PRICE VARIATION
All quotations whether contained in a price list or otherwise are for information only and are not to be considered as an offer by the Sellers. Any order by a prospective Purchaser shall not constitute a contract between the parties unless and until the same shall have been accepted on the basis that the goods will be invoiced at the price ruling at the date of collection or delivery.
3. FORCE MAJEURE
If the obligations of the Sellers, or any of these, shall be interfered with by war, strikes, accidents or any other cause beyond their control, the Sellers shall have the option to suspend or terminate any obligation then unperformed.
4. DELIVERY
Any time or date named by the Sellers for delivery is intended as an estimate only and the Sellers shall not be liable for damages or otherwise for any loss occasioned by delivery after such estimated date, nor shall delay in delivery give the Purchaser the right to rescind the Contract.
5. ORDER AMENDMENT/CANCELLATION
Cancellation of orders for specially made parts or parts ordered specially will not be accepted. Cancellation of orders for standard parts will not be accepted without the written consent of the Seller. Return of parts to stock will be subject to a handling charge of a minimum of 20% at the Sellers discretion. In all such cases the Sellers decision shall be final. Orders for special parts will only be accepted in writing.
6. PAYMENT
Payment for any goods is due at the end of the month following the month of delivery. All overdue accounts shall carry an interest rate of 2% per calendar month above the bank rate ruling at time and pro rata for any broken period until payment has been received. The Seller reserves the right to suspend further deliveries until all arrears (including interest) have been paid and at our discretion to rescind any subsisting contract with the Purchaser as to all or any parts of future deliveries but without prejudice to any rights already accrued by us under such contracts.
7. WARRANTY
Where any warranty or guarantee is given in writing or implied, the period for such warranty will be for a maximum of 12 months from date of delivery or in accordance with any manufacturers given warranty, whichever is the shorter. No liability will be accepted by the Sellers for any goods which become defective as a result of being subjected to any process or improper use after leaving the Sellers premises.
8. PLATED FINISHES
No electro-plating or part process or de-embrittlement will guarantee complete freedom from Hydrogen Embrittlement. The Sellers cannot therefore be held liable for any loss or damage which may occur as a result of failure of the product(s) caused by Hydrogen Embrittlement.
9. PASSING OF PROPERTY
The risk in the goods shall pass to the Purchaser upon delivery to and receipt of the goods by the Purchaser or by any consignee named by the Purchaser. Title in the goods shall not pass to the Purchaser until the Sellers have received full payment for the goods, pending receipt of payment as aforesaid, the Purchaser shall hold goods as bailee. The benefit of all proceeds of any dealings with the goods by the Purchaser shall be held in trust for the Sellers pending receipt of the Sellers full payment of goods.
10. CLAIMS
The Sellers will not entertain any claim for:
a) Damage in transit or shortage in delivery unless notification is given by the Purchaser to the Sellers within 7 days after delivery or:
b) Loss in transit or non-delivery unless notification is given by the Purchaser to the Sellers within 14 days after despatch as shown on the Sellers invoice.
11. SPECIALLY MADE PARTS
Where the Purchaser orders specially made items, the Seller reserves the right to supply 10% more or less than the exact quantity ordered and any such excess or shortage will be charged or deducted pro-rata and paid for by the Purchaser.
12. CONSEQUENTIAL LIABILITY
The Seller shall not be liable for any consequential or incidental loss or damage whatsoever however arising. In no event whatsoever shall the Sellers liability (whether arising in contract or tort or otherwise) exceed the invoice price for the goods which are the subject of, or form the basis of, any claim against the Seller.
13. INTERPRETATION
These conditions and any contract between the Sellers and the Purchaser shall in all respects be construed and operate as an English Contract and in conformity with English law.
