1. General:
The acceptance of our Tender, Acknowledgement of Order or
Supplies made, include the acceptance of the following Terms &
Conditions, in which the Seller means Instrument Transformers
Limited.
2. Prices:
All price lists, quotations and estimates may be subject to
alteration without notice.
3. Payment:
a) Unless otherwise expressly agreed in writing, payment is due
within 30 days from date of invoice.
b) Failure to ensure payment is received within 30 days of invoice
shall constitute a breach of contract and the Sellers may treat the
whole contract as repudiated and act accordingly, or they may,
before any further delivery against any order, require payment
thereof and for all other accounts then due.
Place of payment is at the Sellers Registered Office.
c) In the event of payment under the contract being improperly
delayed the Seller may, without prejudice to any other right,
charge an interest rate of 3% over the current Bank of England
minimum lending rate.
4. Pro-forma:
Material procurement and manufacture will not commence until
full payment of invoice is received.
5. Despatch:
a) Any time quoted for despatch or delivery are to date from
receipt by Seller of a written order to proceed and of all
necessary information and drawings to enable Seller to put work in
hand.
b) Despatch dates given with quotation are subject generally to
receipt of orders within 14 days and such dates are subject to
revision if necessary for orders not placed within this
period.
c) The time named for despatch shall be adhered to as closely as
possible but no responsibility is accepted by the Sellers for
unforeseen delays. In the event of strikes, lock-outs or
combination of work persons disputes, stoppage
of work, non-delivery or delay of supplies of materials, or any
other circumstances not within the control of the Sellers, causing
any delay, in manufacture, transport or delivery. Sellers may
suspend delivery of goods contracted for but on resumption of work
the rate of delivery shall be the same as that provided for by
contract and the period of despatch shall be extended
appropriately.
d) HOME MARKET:
Prices quoted are ex. factory. Carriage charged as extra
e) EXPORT MARKET:
Unless otherwise stated prices are ex. factory. F.O.B and Freight
will be charged extra.
Trade terms in accordance with INCOTERMS 2000 or latest current
issue.
6. Confirmation:
All quotations made and all orders and contracts accepted by
travellers or agents of Sellers are subject to confirmation by
Sellers Head Office.
7. Defective Goods:
Seller's liability under this Clause shall be in lieu of any
warranty or condition (whether express or implied by law) as the
description, quality or fitness for any particular purpose of the
goods, and save as provided in this Clause. Sellers
shall not be under any liability, whether in contract, tort or
otherwise, in respect of defects in goods delivered or for any
injury, damage or loss resulting from such defects or from any work
done in connection therewith.
8. Delivery & Forwarding:
Non-delivery of goods must be reported within 2 weeks from
receipt of Sellers invoice and any damage or deficiencies must be
notified to Sellers in writing within 7 days from receipt of
goods.
9. Variations:
In the event of variation or suspension of the work by Buyers
instructions, Sellers' reserve the right to adjust the contract
price to cover such disruptions.
10. Packing:
Unless otherwise stated by Sellers, packing according to Sellers
standard practice is included n the price.
11. Storage:
If Sellers do not eceive forwarding instructions sufficient to
enable them to despatch the goods ithin 14 days after the agreed
despatch date, Buyers shall take delivery or rrange storage. If
Buyers do not take delivery or arrange for storage, the Sellers
will be entitled to arrange storage either at the Sellers' works or
elsewhere on the Buyers' behalf and all charges for Storage, for
insurance of for demurrage, shall be payable by the buyer.
12. Bankruptcy:
In the event Buyers commit an act of bankruptcy or being a
company commit an act in respect of which a petition for a winding
up order may be presented or if a petition for voluntary winding up
is brought against the Buyers, Sellers may forthwith by giving
notice to Buyers in writing suspend performance of the contract
unless Sellers receive a guarantee acceptable to them for the due
and faithful performance of the contract by Buyers or by any person
in whom the contract may become vested Sellers may terminate the
contract. In either case Sellers will be entitled to the amount of
any loss, damage or expense Sellers suffer as a result of the
aforementioned event.
13. Retention of Title:
a) The risk in the Goods shall pass to the Purchaser at the
point of delivery.
b) The ownership of the goods shall remain with the Seller until
such time as all sums owing to the Seller under this Contract have
been paid.
Copyright Instrument Transformers 09/2000