In these conditions “the Company” shall mean Cordek Ltd and “the Customer” shall mean any person, firm or company placing an order with the Company.
The price charged will be that ruling on the date of delivery to the carrier or the Customer and will be subject to the appropriate rate of Value Added Tax and any other Government duty or tax which is applicable at that date. Unless a binding written quotation is given by the Company, the Company reserves the right to alter any prices without notice to reflect fluctuations of costs (including increases of wages and materials and component costs) between the date of the quotation and the date of delivery. Binding quotes will be fixed for the period stated in the quotation, or if no period is stated for 30 days.
Any quotation by the Company of a time of delivery is an estimate only and no liability is accepted for late delivery.Where circumstances beyond the reasonable control of the Company cause delivery to be impossible or impracticable as envisaged by the contract, the Company will accept no liability for loss or damage resulting.
Payment is to be made in full not later than the last day of the month following the month of delivery, unless this Condition has been expressly varied in writing by the Company. In all cases the Customer shall make payment within the agreed time.The Company reserves the right to charge interest at the rate of 3% p.a. over the base lending rate of the National Westminster Bank plc on all overdue accounts.
Until the property therein shall have passed from the Company under these terms:
If for any reason goods are left on our hands after the agreed delivery date, or after such goods are ready for despatch where no such delivery date has been agreed on, we shall have the right to charge storage and insurance on such goods in addition to invoicing the whole.
When delivery is included we will repair or replace free of charge goods damaged in transit providing the carriers and ourselves receive written notification of such damage within three days. In all other cases goods shall be at the Buyer’s risk from the time of despatch from our premises after which time any loss or damage to or deterioration of the goods from whatever cause shall be borne by the Customer.An acceptance note signed by the buyer, his agent or one of his employees invalidates any claim under this condition of sale.
Liability for faulty materials and/or workmanship shall be limited to crediting or replacing such goods providing that such defects are notified in writing within seven days of any patent or latent defect becoming apparent and that the seller is afforded the opportunity of discussing the reason for rejection with the buyer.
If owing to material provided by suppliers nominated by the customer being unsuitable the product is unsatisfactory, no responsibility shall attach to the Company and the Company’s charge for work executed shall remain payable.
The Company does not accept any responsibility that goods will be suitable for a specific purpose unless a warranty for that purpose is given in writing.
The Company shall not be liable for any damage, illness, injury or loss of any kind whatsoever and howsoever caused to any property, persons, animals or produce or arising out of or in connection, whether directly or indirectly, with the use of the Goods provided that nothing in this Condition or the Conditions generally shall limit the Company’s direct liability in respect of death or personal injury.
Claims for short delivery must be made, in writing, to the Company within 7 days otherwise we can accept no responsibility. In case of short delivery, the delivery shall be accepted as part performance (and shall not be deemed to be a breach of contract).
Drawings, Plans, Designs, Schedules drawn up by the Company remain the property of the Company and may not be used or reproduced without express permission of the Company in writing.
While we endeavour to keep our illustrations as up to date as possible, owing to improvement and modifications, these illustrations must not be taken as binding in every detail.
The Company disclaims liability for goods returned without the written consent of the Company.Any goods approved for return must be advised in writing quoting the Company’s invoice number.The Company disclaims liability for any returns whilst in transit to the Company.The Company reserves the right to charge a reasonable handling and restocking charge where this is justified.
A cancellation charge will be levied if cancellation instructions are received after any order or parts of an order have been completed by our manufacturing units.The charge will comprise of all costs up to the completion of the order.
The Company shall be entitled to cancel or delay delivery or to reduce the quantity of the Goods delivered if it is delayed or hindered in or prevented from manufacturing or delivering by normal route of delivery the Goods through any circumstances beyond its reasonable control, including but not limited to war, fire, flood, act of God, unavailability of raw materials, government restrictions and controls, strikes or lockouts.
The Customer shall not be entitled to withhold or set off payment of any amount due to the Company under the terms of any contract whether in respect of any claim of the Customer in respect of faulty or defective Goods or for any other reason which is contested or liability for which is not admitted by the Company.
The contract shall in all respects be construed and operate as an English contract and in conformity with English Law.