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 in the price.
11. Storage:
If Sellers do not receive forwarding instructions sufficient to enable
them to despatch the goods within 14 days after the agreed despatch
date, Buyers shall take delivery or arrange 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
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