at 80% of the original price provided that the goods are in perfect condition; if they are not in perfect condition (as to which matter the Company will be the sole judge) they will be credited at their scrap value.
15. CATALOGUES, ETC.
All drawings, illustrations, descriptions and specifications in the Company’s catalogues, price lists and other advertising material are intended to give no more than a general idea of the goods manufactured by the Company and such information is not intended to be and shall not be relied upon as giving a precise description of any goods nor as being representation as to any matter contained therein, nor shall any of it form part of any Contract with the Customer.
16. DEBT COLLECTIONS
In the event that the Company shall employ a professional Debt Collection Agency or Solicitor to collect any monies due to the Company (whether or not a demand therefore shall have previously been made) the full costs incurred by the Company in doing so shall be paid by the Customer to the Company and be due 30 days after the Company shall have made a written demand therefore, interest shall be payable at the rate mentioned in clause 10 on such sums as are not paid by the due date.
17. WAIVER
No waiver by the Company (expressed or implied) of any of these conditions in any Contract made with the Company shall prevent the Company from enforcing or relying on these conditions in any subsequent Contracts made with the Customer.
18. LAW These Terms & Conditions and the Contract shall be governed by English Law.
19. EXPORTS FROM U.K.
Where goods are exported from the United Kingdom the following provisions of this clause shall apply to the contract in substitution for the provision of clause 8 hereof. Goods for export will unless otherwise agreed be quoted ex works to a United Kingdom Company’s premises selected by the Company. Where goods are exported on FOB or CIF Terms, the costs and charges incurred by the Company shall form an addition to the price of the goods payable in the same manner and at the same time. The risk in goods sold on FOB and CIF terms shall pass when they cross the ship’s rail at the port of loading.
20. COPYRIGHT
(a) Where the Company manufactures goods to a design provided or specified by the Customer (not being an existing design of the Company) the Customer shall indemnify the Company against all damages, costs, claims, losses and expenses paid or incurred by the Company (including all sums paid by the Company in settlement of any claim or action) in consequence of the infringement or alleged infringement of patent, trademark, registered design, copyright or other legal rights of a third party, and
(b) For the purpose of Section 12 of the Sale Of Goods Act 1979, the Company shall be bound to transfer only such title to the goods as it may have.
21. INDEMNITY
Customer shall indemnify the Company from and against all liability loss, damage, injury cost, expenses claims and demands arising from and cause other than negligence or breach of Contract by the Company.
22. GENERAL
(a) Any notice to be given under these conditions may be delivered, or be sent by prepaid post, sent first class, addressed to the party to be served at its registered office for the time being or (if not a Company) the address for that party last known to the party giving notice. Notices served by post shall (except where expressly provided otherwise) be deemed served on the second business day after the date of posting. “Business Day” shall mean a day other than a Saturday and Sunday or an English Bank or Statutory Public Holiday.
b) In the event that any of these conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforcable in any way, such invalidity or unenforcability shall in no way impair or affect any of the other conditions hereof all of which remain in full force and effect.
(c) Clause headings are for ease of reference only and do not affect construction.
23. MONTHLY STANDING ORDERS Where the Contract relates to orders accepted on the basis of their being repeated monthly (standing orders), the Customer must give not less than 60 days notice in writing to terminate the Contract. Any orders due to be supplied under the Contract within this notice period shall be honoured by the Customer. The Company may at it’s absolute discretion agree not to deliver all or part of the orders due within the notice period in which case the Customer shall be liable to any cancellation charge equal to 15% of the quoted value in respect of the orders not delivered.
Seal It Services Ltd, T/a Bond It, Unit G16, River Bank Way, Lowfields Business Park, Elland, West Yorkshire. HX5 9DN.
01422 315301
117
APPENDICES: Terms & Conditions
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