The company will not be deemed to be in breach of any of its obligations under the agreement or otherwise be liable to the customer due to any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the company’s control (including without limitation breakdown of plant or machinery, strike or industrial, dispute, shortage of materials or failure of or delay in receiving supplies, act of war (whether declared or not). Act of God, or any law regulation of any government or any local or municipal authority. If any such event continues for more than 28 days the company may terminate the agreement forthwith by written notice to the customer without prejudice to the accrued rights of either party.
The customer agrees to send to the company a written order in confirmation of any telephoned orders duly marked with any confirmation reference given by the company otherwise the company cannot accept liability for any duplication of delivery that may occur.
All drawings, descriptive weights, dimensions and the descriptions and illustrations contained in the sales literature and price lists are approximate only and not form part of this Agreement. In addition, drawings, technical documents issued either before or after the conclusion of this Agreement for the use or information of the Customer and such other information as maybe supplied to the Customer including specifications shall not be copied, reproduced or communicated by any third party without the Company’s prior written consent.
The company will not be responsible for damage to any of the goods or loss of the goods or part thereof in transit or for any discrepancy between the goods delivered and the contracted goods to the company unless the customer gives written notice of a claim to the company and to the carrier (as appropriate).
In the case of damage or discrepancy within 3 days after having received the goods and in the case of loss or shortage within 3 days of the date of delivery of the other goods under the relevant consignment.
If applicable the customer will be asked to complete and submit the company’s Discrepancy Log form, from which an investigation into the alleged loss, descrepancy or damage will be undertaken. The customer will also be asked to sign a copy of the company’s carrier’s delivery manifest as acknowledgement of receipt of goods. The customer should inspect the goods carefully as an unqualified signature shall be deemed to signify the customer’s acceptance that the goods are in good condition.
The customer shall not return any goods (except in accordance with Condition 10) or cancel any orders without the company’s previous written consent. Such consent will not be given where goods have been specially purchased by the company to meet the customer’s requirements. If the company in its discretion gives consent, it reserves the right to make a cancellation charge of 25% (or such higher percentage as may be notified to the customer before or when such consent is given by the company) of the contract price of the goods concerned plus VAT.
The company reserves the right to sub-contract any part of any work or supply of any goods or services.
The company shall not be responsible for adapting or modifying any goods to conform to statutory requirements not current at the time of the acceptance or order.
The headings of these conditions are for convenience only and shall have no effect on the interpretation thereof.
The company shall be entitled by notice in writing to terminate any agreement without prejudice to any claim or right the company may otherwise make or exercise where,
The agreement shall be governed by any construed in accordance with English Law and the Courts of England shall have jurisdiction to hear all disputes arising in connection with the agreement.
The company shall be entitled but not obliged at any time to set off any sum payable by or any liability of the customer against any sum payable by or liability of the company to the customer (in either case whether arising under the contract for the supply of the goods or otherwise howsoever and whether any such liability is present or future, liquidated or un-liquidated and irrespective of the currency or is denomination) and may for such purpose convert or exchange any currency. Any exercise by the company of this right will be without prejudice to its other rights under the contract relating to the supply of the goods.