General
1.1. "Company" as used herein means Tunewell Transformers Limited. "Buyer" as used herein means the person firm or company with whom "the Company" contracts.
1.2. No waiver alteration or modification of any of these conditions shall be binding unless in writing and signed by a Director of the Company.
1.3. These conditions shall override any conditions of the Buyer.
Price
2.1. The price quoted represents the current price of the Company ruling at the date of quotation. The Buyer accepts the trade usage that the contract price shall be the current price at the Company exclusive of V.A.T. ruling at the date of despatch.
2.2. All prices are quoted exclusive of carriage and packing and V.A.T.
Settlement Terms
3.1. Settlement of account is strictly nett and payable within 30 days from the date of despatch.
3.2. We understand and will exercise our statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if we are not paid according to agreed terms.
3.3. The Company reserves the right to suspend deliveries and to revoke any other trading benefits for non-compliance of terms.
Title of Goods
4.1. The risk in the goods passes to the buyer on delivery.
4.2. Property in the goods shall not pass to the buyer until payment in full therefore has been made.
4.3. Until such time as payment in full is made for the goods the Buyer shall remain in possession at the goods as bailee.
4.4. The Company may without prejudice to other rights by its servants or agents at any time enter the Buyer`s premises to recover goods for which payment in full has not been made.
4.5. If the Buyer sells the goods prior to payment in full he shall do so as agent of the Company and will hold in trust for the Company the proceeds of the sale.
Delivery
5.1. Time for delivery is given as accurately as possible but is not guaranteed. The Buyer shall have no right to damages and no right to cancel any order for failure by the Company for whatever reason to meet any delivery time stated.
5.2. The Company will endeavour to comply with reasonable requests by the Buyer for postponement of delivery but shall be under no obligation to do so. Where postponement is agreed by the Company the Buyer shall be responsible for all costs and expenses occasioned thereby including a reasonable charge for storage.
5.3. The Buyer shall have no right or claim for non-delivery unless such claim is made in writing to the Company within 7 days of the Company`s invoice or other notification of despatch whichever be the earlier.
5.4. Where the despatch is by carrier notification of short delivery or non-delivery must be made to the carrier and to the Company within three days of delivery of the goods or in the case of non-delivery within three days of anticipated delivery
5.5. All offers of goods from stock are subject to the goods remaining unsold at the time at receipt of order.
5.6. The Company reserves the right to select methods of packaging and shipment.
5.7. When necessary to use wooden cases these will be charged at cost and are non-returnable.
5.8. Each delivery shall constitute a separate contract.
Consequential Loss
6.1. The Company can in no way accept responsibility for any indirect damage or for any consequential loss or expense incurred arising out of any order placed with the Company or any goods or services supplied by the Company in relation to such order.
Force Majeure
7.1. The Company shall be under no liability for any delay loss or damages caused wholly or in part by civil commotion Act of God or by any act done pursuant to a trade dispute whether such dispute involves the Company`s servants or not or any rule regulation or order made or any cause beyond its control.
7.2. The Company shall be granted all necessary time and other indulgences necessary in the event of fire breakdown of machinery or other circumstances beyond its reasonable control and shall not be liable for any delay loss or damage caused thereby.
Interpretation
8.1. All contracts for sale of goods or services wherever made shall be interpreted in accordance with English Law and any dispute shall be submitted for settlement under the Laws of England.
8.2. The Buyer shall submit to the jurisdiction of the English Court