SIFCO APPLIED SURFACE CONCEPTS (UK) LTD
General Terms and Conditions of Sales and/or Delivery
In these terms and conditions “the Company” shall mean SIFCO Applied Surface Concepts (UK) Ltd, Unit 12-14 Aston Fields Trading Estate, Aston Road, Bromsgrove, Worcestershire. B60 3EX, England. “The Purchaser” shall mean the Company or corporate body or individual who has issued the order or contract. Quotations are submitted and orders are accepted only upon and subject to terms of sale and/or delivery as herein set out. Unless expressly agreed and accepted by the Company in writing, any terms in a Purchaser’s order, which are inconsistent with these terms will be deemed to be inapplicable. There are to be no terms, conditions or warranties implied into a contract for the supply of and/or delivery of goods or services by the Company by virtue of previous dealings. Any variation or waiver of any of the terms, conditions or warranties of a contract for the supply of and/or delivery of goods or services by the Company are absolutely void unless expressly agreed in writing by an executive of the Company prior to the supply and/or delivery of such goods or services. All guarantees, warranties or conditions (including any conditions as to quality fitness for any particular purchase) whether expressed or implied by statute common law or otherwise are excluded and hereby negated.
Quotation – All quotations are tendered without engagement and are subject to confirmation upon receipt of order.
Ownership and Risk – The goods delivered hereunder shall remain the absolute property of the Company until payment of all the amounts owing to the Company no matter how arising and outstanding from time to time. Until the date of payment the Purchaser, unless the Company indicates to the contrary, is required to store the goods in such a way that the goods are readily identified as the property of the Company and all risk in such goods shall be borne by the Purchaser. In the event of the Purchaser not fully discharging all monies due to the Company the Company shall be entitled immediately after giving notice of it’s intention to repossess to enter upon the premises of the Purchaser with such transport as may be necessary and repossess any goods to which it has title hereunder. Nothing in this clause shall confer any right upon the Purchaser to return the goods delivered hereunder or to refuse or to delay payment thereof, unless otherwise agreed. The Purchaser of the goods or services supplied and/or delivered by the Company must indemnify the Company in respect of any and all actions, claim, losses and damages arising out of the Purchaser’s possession of the Company’s property until such time as ownership of such property should rightfully pass to the Purchaser in accordance with the terms of the contract for the supply and/or delivery of such property.
Pricing – Unless otherwise specified in our offer all prices are ex-works.
Carriage and packing – Carriage of Goods will be arranged by SIFCO unless otherwise specified. This will include all packing, shipping and insurance costs. This will be charged at a rate to be confirmed at invoice.
Despatch Dates – Every effort will be made to adhere to despatch dates quoted. The Company accepts no liability for any financial or other loss whatsoever or howsoever caused by acts of the Company, the Company’s servants, the Company’s agents or otherwise in respect of delivery of goods supplied. The Company will not be liable for loss or damage arising from any circumstances beyond its control.
Force Majeure – The Company shall not be liable to the Purchaser by reasons of failure to perform any part of the contract resulting from any breakdown of plant or apparatus, fire, explosion, accident, strike, lock out or any other event beyond the control of the Company.
Storage – If for any reason possession of the goods does not pass in accordance with the contract we shall, unless otherwise agreed at the customer’s expense and risk store them at our works or elsewhere. If on the expiry of six months after our tendering delivery the goods remain undelivered we reserve the right immediately to cancel the order. This cancellation shall entitle us to dispose of the goods and obtain from you compensation for loss of profit in addition to any other sums due to us under any other of these conditions of sale.
Loss or Damage in Transit – Claims for non-delivery will not be entertained unless the Company and the carriers are notified within 10 days from despatch date or 4 days in the case of postal/or passenger train transit. Additionally, the Company is unable to accept responsibility for damaged goods unless the Company and the carriers are notified within 3 days of receipt of such damaged goods. Errors and omissions in respect of goods supplied by the Company must be notified to the Company by the Purchaser within 7 days of receipt of such goods.
Prices – Unless otherwise agreed in writing the Company reserves the right to invoice at the prices ruling at the time of delivery.
Terms of Payment – Unless otherwise agreed in writing our terms of payment are strictly net and payment must be made in sterling in the United Kingdom. For goods delivered in the United Kingdom, Eire, the Channel Isles and the Isle of Man terms shall be 25% deposit with order and the balance 30 days from date of despatch. For export goods terms shall be payment on presentation of shipping documents or invoices. If we are ready to deliver the goods on the date agreed in the contract and the Purchaser delays the delivery for any reason the Company may present invoices at the Purchaser’s offices for full settlement within 14 days of the said date. We reserve the right to charge interest on overdue accounts at bank rate plus 2%.
Claims – the Company shall not be liable in respect of any claim, action or damage whether arising in contract or in test for any injury loss or damage howsoever caused by or arising out of the use of any goods or services manufactured, sold supplied or delivered by the Company.
Guarantee – the Company undertakes to guarantee all electrical goods of their manufacture, against defective workmanship and materials for a period of 12 months from the date of despatch. The Company will replace, free of charge such goods or parts which are shown to have been defective in these respects when despatched to the customer. Such faulty goods must be returned. Carriage charges to the Purchaser, must be borne by the Purchaser. Goods of other manufacture supplied and/or delivered by the Company are guaranteed only to the extent of the manufacturer’s guarantee. Goods which are the subject of a claim under a manufacturer’s guarantee must be returned to the manufacturer, carriage paid and the return carriage must be borne by the Purchaser. All guarantees become void, if the goods or parts thereof have been wrongly installed, not used in accordance with the Company’s instructions, used in a way or manner for means or purposes other than those for which the goods can be reasonably expected to be used, if modifications or repairs have been carried out without our agreement, or if the terms of payment have been met. The Company’s guarantee expressly excludes all parts, which are subject to wear with normal use, especially anodes, wrappings and similar materials.
Confidentiality – All drawings, designs, specifications, formulations and other information which the Company supply in connection with a quotation or order are confidential. They remain the property of the Company and must not be disclosed to any third parties without the Company’s written permission. If requested, such documents must be returned to the Company.
Cancellation – In the event of the cancellation by the Purchaser of an order, the execution of which has already been commenced by the Company, the Purchaser shall then be liable to make reasonable and fair compensation to the Company for any and all expenditure of money, and materials used in execution of the order against all contractual liability, which the Company has incurred in respect of the order.
Law and Language – The Company will endeavour to reach an amicable agreement of all disputes which may arise under the contract which is governed by the Laws of England and has its authoritative text in the English language.