10. INSOLVENCY
Upon the happening of any of the following events: (a) (i)
If the Customer shall make any default in paying any sum under any contract with the Company as and when it becomes due, or
(ii) shall have distress or execution levied on any of it’s goods or property, or (iii) shall make or offer to make any arrangements or composition with creditors, or (iv) shall make any voluntary arrangement approved by the court.
(b) If the Customer being a limited company, any resolution or petition to wind up the Customer (other than for the purpose of reconstruction or amalgamation without insolvency) shall be passed or presented, or if a Receiver shall be appointed over the whole or any part of the Customer’s business, or
(c) If the Customer shall commit any act of bankruptcy or have a petition presented against him; all sums owing by the Customer to the Company shall become immediately due and for the time being and the Company shall have the right forthwith to suspend all further manufacturing or other work carried out for the Customer and to withhold all further deliveries of goods or to determine any such contract then subsisting between the Company and the Customer. Such determination shall give rise to no liability whatsoever on the Company’s part but shall be without prejudice to the Company’s rights to payment in respect of manufacturing or other work already carried out or goods already delivered.
11. LIABILITY
(a) The Company’s total liability to the Customer in respect of defective goods (whether arising pursuant to the Contract or to Statute or Common Law) will be limited to the replacement of the goods concerned or (at the Company’s option) the making of an allowance not exceeding the price paid for them, and the Company will not in any event be liable for any labour or other charges in connection with the installation or removal of defective or replacement goods. All liability of the Company to the Customer of whatsoever kind, and from whatever cause arising, beyond the foregoing limit is hereby excluded. Notwithstanding the foregoing. (i) The Company will be under no liability to the Customer (whether pursuant to any Contract or otherwise as aforesaid) in respect of any goods sold as “imperfect” or under any other similar description, nor in respect of any matter relating to the improper installation of goods.
(ii) Any guarantee which may have been applied by the Company to any goods will apply (but subject to the foregoing limit) only to goods purchased by the Customer on normal trading conditions at list price or at any price the subject of a quotation. Nothing in this clause shall apply to the terms implied by Section 12 of the Sale of Goods Act 1979. The Company shall not be obliged to consider grounds for return of goods or claims for compensation unless the claim and the reason for it are made in writing to the Company.
(b) The Purchaser shall determine the suitability of the products for their intended use and shall not rely upon any representations made by or on behalf of Bond It. The Purchaser must satisfy themselves that the goods are fit for the purpose for which the Purchaser intends to use them save as herein stated or expressed or implied statutory or other warranties, representations, whether as to fitness or otherwise, relating to the goods supplied by Bond It is hereby excluded.
(c) Bond It shall not be liable to the Purchaser for any loss, damage, delay, injury, or any consequential or special loss or damage sustained by the customer whatsoever, howsoever and whensoever caused arising directly or indirectly out of or in connection with the performance or non performance of Bond It’s obligation, including but without prejudice to the generality of the foregoing, loss or damage or delay caused by any faulty or unsatisfactory goods sold.
12. SET OFFS
The Customer shall not be entitled to withhold payment of any sums after it has become due by reason of any right of set off or counter-claim which the Customer may have or allege or for any other reason whatsoever.
13. POSTPONEMENT OF DELIVERY
In the event that the Customer requests a postponement in the manufacture or delivery of goods, the Customer will be liable to pay for the goods at the price ruling at the date on which they are eventually dispatched (notwithstanding the fact that the Company may have agreed a fixed price). The Customer shall also be liable to pay to the Company on demand a charge to be laid down by the Company in respect of the storage and handling of the goods during the period of postponement and to reimburse to the Company on demand any charges incurred by the Company in effecting storage with a third party. If the Customer does not specify a date for delivery or if when a specified date is reached the Customer then asks the Company to delay delivery of the goods, without fixing a date for delivery, the company shall not be bound to deliver the goods, and may treat such requests as breach of Contract.
14. RETURNS
The Company will not accept the return of any goods to it unless such return has received its prior approval. Subject to the foregoing, goods which are returned for credit owing to error on the part of the Customer (including returns arising from duplication of orders owing to the failure of the Customer to mark confirmation orders as such) will be credited
116
www.bond-it.co.uk
APPENDICES: Terms & Conditions
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104 |
Page 105 |
Page 106 |
Page 107 |
Page 108 |
Page 109 |
Page 110 |
Page 111 |
Page 112 |
Page 113 |
Page 114 |
Page 115 |
Page 116 |
Page 117 |
Page 118 |
Page 119 |
Page 120
