Metal Supplies Ltd (hereinafter known as the seller)
CONDITIONS OF SALE
- All orders are accepted only upon and subject to the terms and conditions set out in our quotation and the following conditions. These terms and conditions shall prevail over any terms in the buyers order or consignment note and shall apply unless varied by the express agreement accepted in writing by both parties. See Rider Below.
- No obligation or liability in respect of failure to complete or delay or failure to deliver goods comprised in any order or contract will be accepted whether caused by direct or indirect reasons or war, strikes, lock outs and other labour troubles, breakdowns, delays in transport, accidents, delays in obtaining materials, fire, government prohibition or restriction or other circumstances beyond our control.
- PRICE. The seller reserved the right to vary the price if the costs of labour, material or other services vary from that at the contract date and in any event orders will be invoiced at the price ruling at the date of despatch.
- Terms of payment are 60 days from date of invoice unless expressly altered by prior agreement in writing between the parties or contained within the sellers quotation or consignment note. If payment is not made by the due date the seller is entitled to levy interest at 6% above the Bank of England base-lending rate prevailing at the date of invoice. Obligations on the part of the seller under the contract are subject to terms of payment and all other conditions and obligations of the contract being observed by the buyer.
- Delivery terms quoted are subject to confirmation after receipt of order. The seller whilst making a reasonable effort to comply with the quoted rate or time of delivery shall not be reliable for any penalty, loss, injury, damage or expense directly or indirectly consequent upon any delay or failure in delivery or performance by the seller or its agents or servants from any cause whatsoever nor shall the delay entitle the customer to cancel any order, refuse to accept or repudiate any contact for work to be done.
- Delivery may be made in instalments and failure by the customer to accept instalments may be treated by the seller as a repudiation of the contract.
- RETENTION OF TITLE. The risk in the goods shall pass from the seller to the buyer upon delivery of such goods to the buyer. However, not withstanding delivery and the passing of risk in the goods, title and property in the goods including full legal and beneficial ownership, shall not pass to the buyer until the seller has received in cash or cleared funds payment in full or for all goods delivered to the buyer under this and all other contracts between seller and the buyer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest or other sum payable under the terms of this and all other contracts between seller and the buyer under which the goods were delivered.
- TERMINATION AND SUSPENSION. The company shall be entitled without prejudice to its other rights and remedies either to terminate wholly or in part any or every contract between itself and the customer or to suspend any further deliveries under any or every such contract in any of the following events:
- If any sum is due and payable by the customer to the company but is unpaid.
- If the customer has failed to provide any letter of credit, bill of exchange or other security required by the contract provided that in such event such rights or termination or suspension shall apply only in regard to the particular contract in respect of which the customer has so failed.
- If the customer has failed to take delivery of the goods under any contract between it and the company otherwise than in accordance with the customers contractual rights.
- If the customer becomes insolvent or enters into any composition or arrangement (including voluntary arrangement) with his creditors or being a body corporate has passed a resolution for voluntary winding up except where solely for the purpose of amalgamation or reconstruction or if a petition for its winding up or for a receiver (including an administrative receiver) or administrator to be appointed or if any such order or appointment is made or if being an individual or partnership the buyer suspends payment of his or their debts on whole or in part or if an application has been made for an interim order or a petition has been presented for a bankruptcy order or if any such order is made or if the customer whether or not a cooperate body shall carry out or be subject to any analogous act or proceedings under foreign law. The company shall be entitled to exercise the said rights of termination or suspension at any time during which the event or default giving rise thereto has nor ceased or been remedied and in the event of any such suspension the company shall be entitled as a condition of resuming delivery under any contract between it and the customer to require prepayment of or such security as it may require for the payment of the price of any further delivery.
- No condition is made, or to be implied nor is any warranty given, or implied as to the life or wear of the goods supplied, or that they shall be suitable for use under specific conditions, notwithstanding that such condition may be known to the seller. No responsibility is accepted for consequential loss, expense or damage arising directly or indirectly from any defect or failure in the goods, or from the use thereof. Goods supplied subject to samples cannot be guaranteed as all of an exactly the same quality or type as sample. The customer must examine carefully the goods before he collects or accepts them and he must sign the delivery note. Collection or acceptance of materials by the customer shall be conclusive evidence that he has so examined them and that (except as noted on the delivery note) they are free from defect which such examinations ought to reveal.
- Goods specified as prime material will be sold to the normal tolerances of the steel industry and relevant British or other standard specification.
- Products are sold on the basis of weighed weight, calculated weight or measured metres according to sellers practice at the time of sale.
- The seller reserves the right to supply 10% more or less than the exact quantity order for each item.
- Where weighed weight chargeable the count is not guaranteed. Any claims based solely on count cannot be guaranteed. Re-sheared materials are charged on the basis of gross weight before re-shearing and charged accordingly. Offcuts will only be supplied at the customer’s specific request.
- If the buyer defaults in paying any sum due if any distress or execution of levied upon the buyer his property or assets or if the buyer makes or offers to make and composition with creditors or commits any act of bankruptcy or act of bankruptcy if committed by an individual, or if a petition be presented for a receiving order in the case of an individual or liquidation in the case of a company, the company shall be entitled at any time thereafter to determine this contract without derogation with its rights to recover money due and damages.
- TEST CERTIFICATES. The seller has no facilities for mechanical or metallurgical examination of its stocks or of material supplied to it’s and issued no mechanical or metallurgical test certificates. If requested by the customer, the seller will supply to the customer a copy of any test certificates which may have been given to the seller by its suppliers, if available, but the seller does not warrant the accuracy of any such certificate and accepts no liability in respect thereof or for any loss resulting from an inaccurate or incorrect certificate.
- CANCELLATION. Orders placed cannot be cancelled except with the seller’s written consent and on terms which will indemnify the company against damage or consequential loss. Goods returned without the sellers consent will not be accepted for credit.
- PERFOMANCE OF CONTRACT. In the event of the performance of any obligation accepted by the seller being prevented, delayed or in any way interfered with by either:
- A.Direction of government, war, industrial dispute, strike, breakdown of machinery or plant, accident or fire or by any cause beyond its control or:
Non-delivery by the sellers suppliers or damage to or destruction of the whole or part of goods, the seller may at its option suspend performance or cancel its obligations under the contract without any liability for any damage or consequential loss resulting there from such suspension or cancellation being without prejudice to the sellers right to recover all sums owing to it in respect of consignments delivered and cost incurred to date.
RIDER: The buyer agrees that he has not been induced to enter the contract by any representative from the seller or anyone purporting to act on behalf of the seller whether written or oral and that no other terms and conditions shall be deemed to form part of this contract unless expressly agreed in writing and signed by the directors of the seller company.