`CARNAUDMETALBOX ENGINEERING LTD
CONDITIONS OF SALE – MACHINERY AND EQUIPMENT
Unless varied by endorsement on our contract note goods are sold only upon the following conditions which shall override any conflicting terms in your order:
Quotations are valid for sixty days only and are subject to our written acceptance of your order.
Net Cash shall be paid by the twenty-fifth day of the month following the date of invoice. Default in payment of any invoice for stage or other payment shall entitle us to treat any outstanding contracts between us as repudiated by you.
Prices may be subject to revision in the event of any variation in costs incurred by us after our acceptance of your order. V.A.T. not included in the quotation or invoice will be added where applicable.
Delivery shall be at your nominated point of delivery which if you or your contractors collect or if no written nomination has been received by the time the goods are ready shall be our premises. Any date or period given shall be approximate though we will make every effort to meet it and no delivery shall be overdue until you have made a written request for delivery and given us reasonable time to comply with it.
Provided any stipulated date or period for delivery has expired, goods whether wholly or partly fabricated remaining on our premises or in the hands of the forwarding agent by your request or default thirty days after written notice to you, may be invoiced whereupon payment shall forthwith become due together with interest and storage charges. Thereafter the goods will be held at your risk.
All skilled and unskilled labour for offloading and erection, and Engineer’s time in starting the machinery or attending thereto after starting will be charged extra including time travelling to and from the site, plus fares, expenses and accommodation at cost. You will provide suitable lifting tackle for off loading and erection, and all fuel, stores, materials or instruments required for any preliminary working or tests will be charged extra.
If special tests or tests in the presence of you or your representative are agreed upon between us they shall take place unless otherwise agreed, at our Works, and will be charged extra. In the event of any delay on your part in attending such tests after seven days notice that we are ready, the tests will proceed in your absence but shall be deemed to have been made in your presence.
Title in the goods shall remain with the Seller until payment is received in full.
a) Designs, sketches, lay-outs, etc. originated by us are submitted in confidence and unless otherwise agreed in writing they and the copyright in them will remain ours. We cannot accept any responsibility for errors in drawings or specifications approved by you. You will be responsible for any printed matter approved by you and for any design shape or construction to your specification and shall indemnify us against any clause arising therefrom.
b) Jigs, tools and equipment provided by us remain our property whether or not a charge is made towards their costs unless you have placed a specific order for such equipment which we have accepted.
Every effort will be made to carry out the contract but its due performance is subject to cancellation by us without compensation or to such variation as we may find necessary as a |result of scarcity of labour materials or supplies or because of any Act of God, war, strike, lock-out or other labour dispute, fire , the elements, legislation or other cause (whether of the foregoing kind or not) beyond our control.
All goods supplied shall be free from defects of material or workmanship. If within twelve months of date of despatch from our works we are satisfied that any part shows defective material or workmanship and it is returned carriage paid we agree to replace or (at our option) repair the
part free of charge. No guarantee as to quality is given or shall be implied as regards second-hand goods unless specifically so stated. Our obligations under this Clause are subject to your compliance in full with all the provisions of the contract. No warranty is given that goods supplied are suitable for purposes other than those which you make expressly known to us.
The contract shall be deemed to have been duly performed and the goods accepted unless a written claim is received:-
a) in respect of damage, delay or partial loss in transit – by both us and the carrier within
three days of delivery.
b) in respect of non-delivery – by both us and the carrier within twenty-eight days of despatch for deliveries within the EEC, and within two months thereof for deliveries elsewhere.
c) in respect of any other matter – by us within twenty-eight days of delivery. Goods subject to claim must be stored free of charge for our inspection.
Our rights shall not be affected or restricted by any indulgence or forebearance to you. No waiver by us of any breach shall operate as a waiver of any late breach.
The rights conferred by these conditions shall so far as legally possible replace and exclude all common law, statutory or other warranties or conditions whether expressed or implied.Save as specifically mentioned above we do not accept liability, whether in tort or contract or otherwise, for any direct or indirect loss or damage, however arising.
No variation of these conditions or the particulars in the order and acceptance shall be valid unless agreed by us in writing.
In our opinion the equipment included in our quotation is safe and without risks to health when properly used and we acknowledge our obligations under the Health and Safety at Work etc. Act, 1974. the equipment also complies with the seller’s obligations under Section 17 of the Factories Act 1961, the estimate includes reasonable guarding as shown but we give no warranty or guarantee whatsoever that such guarding is sufficient for the purpose of the Factories Act. That is your responsibility. If further guarding is required we shall supply it at additional cost.
Our quotation does not include any Customs Duties, or local taxes and assumes that you have taken the necessary steps to ensure that any Import Licences have been obtained. Any costs or claims resulting from a failure to make such arrangements shall be solely your responsibility.
It is a condition of any contract that you indemnify us against any costs claims and demands arising and made under any consumer legislation which are inconsequence of any defect or alleged defect in a product (“the subsequent product”) manufactured and/or supplied by you in which goods supplied by us are comprised where the defect is attributable to the design of the subsequent product or to compliance by us with instructions given to you.
DAMAGE LOSS OR PILFERAGE IN TRANSIT
No claim in respect of goods lost or damaged in transit will be entertained if the risk has passed to you before the occurance thereof or; if the carrier has been given a clear receipt for the goods or if the carrier is not notified in writing of such loss or damage and of the particulars thereof within what we consider is a reasonable time.
Unless otherwise agreed all work produced in an experimental way at your request will be considered an order and the cost of such work including all drawings, designs, specifications and materials will be charged extra.
English law applies.