The Seller subject to these Conditions of Sale accepts all orders unless otherwise varied by agreement in writing. Contracts for delivery by instalments shall be deemed to be indivisible
Unless otherwise agreed in writing between the Seller and the Buyer the following provisions shall apply. The responsibility of timed deliveries is to be fully accepted by the Haulier on acceptance of booking and any claims for late delivery will be levied against the Haulers invoices on a contra basis.
The seller shall in respect of all unpaid debts due from the Buyer under the same or any other contract have a general lien on all goods and property of the possession (although such goods or some of them may have paid for) and shall after the expiration of fourteen days written notice to the buyer be entitled to dispose of such Goods and property as deemed fit and apply the proceeds towards such debts.
The seller warrants that the Goods are produced within the accepted tolerance levels in accordance with the standard specifications stated in the seller’s official literature on the Goods current at the relevant time. Save a aforesaid, all other conditions, guarantees or warranties whether expressed or implied by status, common-law or otherwise including (but without prejudices to the generality of the foregoing) conditions, guarantees or warranties as to quality, fitness for purpose or description of the Goods or their life or wear of use under any conditions whether known or made known to the Seller or not are hereby excluded. The seller’s liability for any and all direct loss or damage is resulting to the buyer from defects in the Goods or any other cause shall be limited to the purchase price of the quality of the Goods in respect of or in relation to which such loss or damage is claimed. Subject as aforesaid the Seller be under no liability in contract or in tort for any loss or damage or personal injury arising directly or indirectly out of the supply of use of the Goods or containers other than death or personal injury resulting from the negligence of the Seller within the meaning of Section 1 of the Unfair Contract Terms Act 1977.
Deliveries may be partially or totally suspended by either party during any period in which it is prevented from manufacturing delivery of the Goods through any circumstances outside its control, if because of such circumstances the Seller is unable to supply the total requirement of the Goods the Seller may allocate its availability supply (after satisfaction of its own requirements) among all of its customers, including those not under contract at the Seller thinks fit. Deliveries so suspended shall be cancelled without liability, but the contract between the parties shall otherwise remain unaffected.
The Buyer shall indemnify the Seller in respect of all damage or injury occurring to the person, firm, company or property and against all actions, suits, claims and demands, charges or expenses in connection therewith for which the Seller may become liable in respect of the Goods sold under the contract in the event that the damage or injury shall have been occasioned otherwise than by the negligence of the seller.
The Seller reserves the right (without prejudice to its other rights and remedies) either to terminate the contract between the parties or to suspend further deliveries under it or require payment in advance in the event that the Buyer fails to pay for any one delivery when the same becomes due or the Buyer’s financial responsibility becomes unsatisfactory to the seller or if the buyer, being a company goes into liquidation or has a receiver or administrator appointed or not being a company has a receiving order made against him or enters into any agreement or composition with creditors.
All import duties, VAT and other imposts will be for the buyers account.
No representation, warranty or indemnity is given by the seller that the goods do not infringe any letters, patent, trademarks, registered designs or other industrial rights.
The contract of which these conditions form part is personal to the buyer who shall assign the benefit thereof without the sellers consent.
These conditions and the contract between the parties shall be constructed and applied in accordance with the Law of England and English courts shall have sole jurisdiction in any dispute relating hereto.