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Terms and Conditions of Sale
All contracts of sale made by Masons Fasteners Ltd (hereinafter ‘the company’) are subject to these conditions to the exclusion of any and all printed terms and conditions of the buyer which shall not form part of the agreement. These conditions cannot be varied, suspended or added to except with the prior consent in writing of the company.
1. If subsequent to any contract of sale which is subject to conditions a contract of sale is made with the same buyer, whether ‘in writing or orally’ without express reference to any conditions such contracts shall be deemed to be subject to these conditions
2. Payment: The buyer shall pay for the goods net cash of the month of invoice unless otherwise agreed. If settlement discount is to be offered this should be referred to on the front invoice or by prior agreement with the buyer concerned. The company reserves the right to charge interest on all overdue accounts at 4% above Natwest Bank’s base rate or statutory interest, whichever shall be greater.
a) If the buyer fails to pay for the goods in accordance with Condition 2. All invoices issued to the buyer will become payable immediately at the full price without set off notwithstanding the fact that the amounts payable under such other invoices are no yet due payable. All invoices shall be subject to interest in accordance with clause 2.
3. Tenders/Quotations: All tenders are open for acceptance not for more than 30 days from the date thereof unless otherwise stated and any other given in respect of a tender accepted by the company in writing. Items marked ‘ex-stock’ are quoted for subject to being unsold upon receipt of order. All quotations/tenders are made on the understanding that goods will be charged at prices ruing at the date of despatch. Where an order is for a quantity less than that quoted for or where delivery is required in instalments smaller than those specified in quotations prices may be subject to an increase.
4. Special Parts: No responsibility whatsoever can be accepted for goods with special dimensions unless a detailed drawing of such components is provided by the buyer at the enquiry stage. Should such drawing be provided and production errors occur the company will accept no liability other than such rights as are granted pursuant to the company’s conditions of sale.
5. Protective finishes including Zinc Plating. The company will undertake to supply fastenings/forgings within a protective coating at the request of the buyer but such process shall be considered to be a modification and shall absolve the company from all warranties except where the plating process has been carried out by the manufacturer, whose normal trading conditions shall then apply.
a)Plated Finishes: No plating process will guarantee completely the freedom from hydrogen embrittlement. Therefore we cannot be held liable for any loss or damage which occurs as a result of product failure caused by hydrogen embrittlement.
6. Schedule Orders: A scheduled order (i.e. an order called for delivery spread over a specified period) shall constitute unqualified authority for stocktaking and shall define the buyers liability scheduling of an order shall permit the company to complete delivery of the whole order within six months from receipt except by mutual agreement between the company and the buyer. In the case of an order to be delivered in instalments ex delivery should be deemed to constitute a separate contract for the purpose of payment therefore, payment within the company’s conditions of sale shall be a condition precedent to any further delivery.
7.Cancellation: Cancellation of orders for specials or goods specially obtained will not be accepted. Cancellation of orders and return of goods to stock can be accepted on the basis of a 20% handling charge at the company’s discretion in all such cases, the company’s decision shall be final.
a) Orders for special goods will only be accepted in writing
8. Delivery: Any date or period for delivery or any rate of delivery sated in the agreement is intended by the company and accepted by the buyer as being an estimate only not giving rise to contractual obligations. The buyer shall not be entitled to rescind the agreement or reject any goods or claim damages on account of delay unless the company fails to make delivery within a reasonable time having regard to all the circumstances including matters referred to in condition 10. The company shall not in any event by liable for any special consequential or indirect loss or damage (including but without limitations any loss of or in respect of profit or wages or overheads) suffered by the buyer as a result of any delay in or failure of delivery.
9. 1) Delivery shall be deemed to be effective and risk in the goods shall pass as follows
a) In the case of goods to be collected by the buyer or the buyer’s agent when the goods in question are loaded on to the vehicle collecting them;
b) In all other cases when the goods in question are unloaded at the address nominated by the buyer or buyees agents for delivery
9. 2) Title in the goods shall remain in the company and shall not pass to the buyer until the company has received not only the price of the goods the subject of the immediate contract but all other sums due to the company on all contracts.
10. If at any time the buyer is in default of payment for goods supplied the company shall be at liberty to retake possession of all goods supplied and unpaid, and the buyer hereby consents to the entry of the company or its duty authorised agent to their premises for the purpose of such recovery of possession.
11.Transit: The Company accepts no liability for damage or loss in transit (unless the company acts as carriers) and claims for such damage as loss shall be made by the buyer on the carrier. In the case of loss (total or partial) the company and the carrier (if different) should be informed in writing within seven days of receipt of the company’s invoice. Any claim which is not made as required by paragraph ‘a’ above or in respect of which the company is not given an adequate opportunity to reweigh or inspect as the case by absolutely barred.
12. Carriage: Deliveries made by the companies own transport on regular delivery routes and/or orders to the value of £100 or more will be carriage paid. The cost of all urgent deliveries by other means must be met by the buyer. Special consignment orders will be delivered to customer’s site addresses by agreement prior to the contract only, and will not automatically be considered part of the company’s carriage paid services.
13. The company shall have a right to retain all goods of the buyer in the possession of the company for any sum due to the company from the buyer under the agreement of any other contract.
14. The acceptance of an order may be revoked (in the whole or part) or delivery dates postponed by the company without liability in the event of contingency beyond the company’s control which does or n the company’s opinion is likely to prevent, hinder, delay, interrupt or interfere with the fulfilment of the order or any part thereof.
15. Except as herein provided all warranties and conditions whether expenses or implied and whether by statue or common law as to qualify or fitness for any purposes are excluded. Goods found within three months of delivery date to be defective or not in accordance with specifications will be replaced at the place of original delivery if, and only if, immediate notification is given of finding defect or deviation from specification and facilities are given access to inspection investigation and testing of the suspect goods. This warranty does not apply to and no responsibility is accepted for goods which have suffered or been subjected to undue wear and tear accident misuse or improper application modification neglect or overloading and in no circumstances liable for loss or damage of any kind indirectly or directly caused or arising from goods supplied or for any accident or injury to personnel or damage to property howsoever arising from or in the course of using such goods. Any claim that goods supplied are unfit for purpose or not of merchantable quality shall where liability is proved otherwise admitted be limited to the invoice value of the said goods the subject of complaint.
16. Quantities: Every endeavour will be made to deliver the correct quantity ordered but owing to the difficulty of producing exact quantities quotations are conditional upon a margin of 10% being allowed for overs or shortages to be charged for or deducted pro-rata.
17.The company accept no responsibility and are not to be liable for the cost of work or other charges expended or put upon and subsequently found to be defective.
18. Any error omission misrepresentation or mis-statement in the agreement or in the course of negotiations leading thereto shall not entitle either party to rescind the agreement nor (unless the error omission misrepresentation or mis-statement related to a matter materially affecting the value of the goods and the agreement has been entered into the reliance thereon) shall either party be entitled to any damaged or compensation in respect thereof.
19. The company’s rights and remedies shall not be prejudiced by any indulgence or forbearance to the buyer and no waiver by the company of any breach by the buyer shall operate as a waiver of any subsequent breach.
20. In the event that any of these terms and conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way such invalidity or unenforceability shall in no way impair or affect any of the other conditions hereof all of which shall remain in full force and effect.
21. The construction validity and performance of the agreement shall be governed by English Law.
Conditions of Sale V.3.5/5/97