TERMS & CONDITIONS
1. FORMATION OF CONTRACTS
All offers quotations and acceptances by RIGIFLEX EXTRUSIONS LIMITED (herein after called “the company”) shall be deemed to incorporate these terms and conditions. No variation of or addition to or substitution for these terms and conditions shall be binding on the Company unless specifically accepted by the Company in writing.
(a) Whilst the Company will do its utmost to keep any stated dispatch and delivery dates the time quoted for delivery shall not be of the essence of the contract and the Company shall not be liable for any loss injury damage or expense consequent upon delay in or causes preventing the Company from delivering the goods however the same shall be caused.
(b) Should the Company be delayed in or prevented from making delivery of the goods due to war civil disorder legislation strikes lock-outs fire floods explosions labour disturbances trade disputes or shortages of raw materials or labour affecting itself or any of its suppliers or sub-contractors or due to any other causes whatsoever beyond the control of the Company, the Company shall be at liberty to cancel or suspend the order without incurring any liability for any loss or damage arising therefrom.
(c) The Company shall in no circumstances entertain any claim for liability for failure of goods to reach their destination or for any defect damage discrepancy or shortage in the goods unless (i) the Customer notifies the Company and the carrier within 3 days of receipt of the goods (ii) a complete claim in writing . Is trade within 10 days of such receipt and (iii) the Company or its agent and carrier shall be permitted to inspect the goods at the Customer’s premises.
3. PRICES AND TERMS OF PAYMENT
(a) Unless otherwise stated in writing by the Company all prices quoted are ex-works and include packing charges and are subject to confirmation on receipt of order.
(b) All sales invoices unless otherwise stated are payable in full, PAYMENT being due within 30 days of date of invoice.
(c) In the event of a Customer failing to pay the full amount due under any invoice within the time allowed for payment as above mentioned (i) the Company shall be entitled at any time to withhold delivery of any other goods to be delivered under the same or any other contract order or agreement between it and the Company and (ii) the Company will have the right upon giving written notice to the Customer to cancel of rescind any such contract order or agreement under which further deliveries of goods remain to be made. The foregoing sub-clause shall be without prejudice to any other remedies of the Company whether for such failure to pay the full amount or for any other cause.
(d) The Company reserves the right to charge interest at 4% over its base borrowing rate at the date of sale on any amount which remains unpaid after the due payment date.
4 REPRESENTATIONS, WARRANTIES AND CONDITIONS
(a) Unless any representation in relation to the goods shall have been specifically made to the Customer by letter (other that a circular letter) from the Company the Customer shall not rely upon any representation whatsoever made in and no conditions or warranties whatsoever of any kind have been or are given or made by or on behalf of the Company in relation to the nature or quality of the goods or their suitability or fitness for any particular purpose and all conditions and warranties all liability for any representations whatsoever on the part of the Company and all rights of rescission on the part of the Customer for any misrepresentations whatsoever whether statutory or otherwise whether express or implied whether collateral or antecedent hereto or otherwise and whether in relation to the fitness of the goods for any particular purpose or the description state quality or condition of the goods on delivery or at any other time are herby expressly excluded and extinguished.
(b) The Company shall be under no liability for any loss injury or damage whatsoever whether direct or consequential in respect of or arising from or in connection with the goods or any defect in the goods.
(c) The liability of the Company in respect of any misrepresentation shall not in any event exceed the cost of replacement of the Company’s product in respect of which a claim is made.
(d) The Company will not in any event be liable for Consequential loss injury or damage arising out of any misrepresentation concerning the Company’s products.
5 THIRD PARTY CLAIMS
(a) The Customer shall indemnify the Company against all damages penalties costs and expenses arising out of the infringement of any patent registered design or trademark (or any claims for such infringement) arising form the manufacture of goods to the Customer’s own drawings designs or instructions.
(b) The Customer shall keep the Company fully indemnified in respect of any claims which may be made against the Company by any third party (which expression shall include servants and agents of the Customer) arising out of the supply of any goods howsoever such claim may arise.
6 TRADE DESCRIPTIONS
Where any trade description or other indication or representation is applied to any goods at the Customer’s request the Customer warrants the same will be true and accurate in all respects and that the supply of any such goods by the person will not give rise to an offence by the Company under the Trade Descriptions Act 1968.
7 LEGAL CONSTRUCTION
The contract shall in all respects be construed and operate as an English contract and in conformity with English Law and any claim or dispute arising therefrom shall be subject to the jurisdiction of and be determined by the English Courts. The application of the Uniform Laws or International Sales shall be excluded.
8 CUSTOMERS MATERIAL
Any customer material held on their behalf on the Company’s premises for processing or otherwise, shall be at the Customers’ own risk and the Company shall be under no liability whatsoever for loss or damage however caused in respect of the materials.
(a) Notwithstanding delivery of the goods or any document representing them, the Company reserves the right of disposal of each item of the goods and the property therein shall not pass to the Customer until
(i) receipt by the Company of payment in full for such items plus any default interest thereon: or if earlier
(ii) sale by the Customer of such item to an Independent third party on arm’s length terms in the ordinary course of business (which sale shall be by the Customer as principle and not as agent for the Company)
(b) Pending the passing of property the Customer shall be bailee of the goods and
(i) shall not dispose of, charge or encumber the goods or any interest therein or purport to do so other that under (a) (ii) about, and
(ii) shall deal and be deemed to deal with the goods and other goods of the same type supplied by the Company in the order in which they are delivered, shall retain possession (within the United Kingdom) of the goods, and shall store them separately or mark them so that they may be readily identified as the Company’s property.
If you are not happy with the above arrangement, please contact us to discuss this matter further on 01604 880217.