|
GENERAL
1. A tender or quotation of the
Seller's is merely an invitation for an order subject to these
conditions and no contract will result until the Sellers have
confirmed such order in writing. Such contract will
incorporate and be subject to these conditions and any addition to
or variation therefrom will be binding only if expressly confirmed
in writing by the Seller. Goods are offered subject to being
unsold on receipt of order.
2. TIMBER TRADE FEDERATION
WARRANTY CLAUSE: Goods are not tested or sold as fit for any
particular purpose. Any term warranty or conditions express
implied or statutory to the contrary is excluded. In no
circumstances whatsoever shall Seller's liability (in contract tort
or otherwise) to the Buyer arising under out of or in connection
with this contract or the goods supplied exceed the Invoice price of
the particular piece(s) in regard to which the complaint is made.
Buyers must satisfy themselves before contract that the goods
purchased are satisfactory for their requirements. No
cancellation will be accepted by Sellers except in accordance with
the Conditions.
3. Goods in Sellers possession are
subject to a general Lien for debts or accruing.
4. Sellers may without prejudice to
their other rights and remedies terminate this contract if either
there shall be any breach by the Buyers of any term or condition of
the contract or the financial standing of the Buyers shall in the
opinion of the Sellers become impaired or unsatisfactory.
5. The property in the goods shall not
pass to the Buyer until the Buyer has paid to the Seller the whole
price thereof. If, notwithstanding that the property in the
goods has not passed to the Buyer, the Buyer shall sell the goods in
such manner as to pass to a third party a valid title to the goods,
the Buyer shall hold the proceeds of such sale on trust for the
Seller. The Buyer agrees that prior to the payment of the
whole price of the goods the Seller may at any time enter upon the
Buyer's premises and remove the goods therefrom and that prior to
such payment the Buyer shall keep the goods separate and
identifiable for this purpose. Nothing herein shall constitute
the Buyer the Agent of the Seller for the purposes of any such
sub-sale. Notwithstanding that the property in the goods shall
not pass to the Buyer save as provided above, the goods shall be at
the risk of the Buyer from the time of collection by or delivery to
him of the goods or after the expiration of the rent-free period
referred to below, whichever is the earlier.
6. Goods sold Ex Docks or Warehouse
terms, unless removed, are to be at Seller's risk in respect of fire
but Seller's liability ceases at the expiration of the rent free
period stated on the Delivery Orders.
7. Where the Buyers have specified that
the goods shall be of a certain colour or size, such specifications
shall be subject to reasonable commercial variation other than where
specifically agreed with the Sellers.
8. If the contract provides or permits
delivery by installments then each delivery shall be considered a
separate contract.
9. The Buyer shall promptly unload
goods when tendered at the delivery point to which clear access
shall be made available by the Buyers. Sellers shall not
be liable for any damage to goods sold on delivered terms after same
have ceased to rest on the conveyance on which they are
delivered.
10. The Seller shall not be liable for
non-shipment, non-delivery, damage or delay arising from
circumstances beyond their complete control. Should shipment
be delayed beyond the time stipulated the Buyer shall have the right
to cancel such part of the contract as does not comply with the
stipulated shipment dates but only if they give due notice in
writing to Sellers in time to enable them to notify shippers or
suppliers by fax before the goods are despatched from the mill.
Cut sizes and cut sizes sold in sets, which have been manufactured
before receipt at the mill of telegraphic cancellation instructions,
must be accepted by Buyers. All forward sales are made subject
to safe arrival in the United Kingdom.
11. Notice of any claim arising out of
or in connection with this contract must be given in writing to the
Seller within seven working days from the date when the goods are
collected or delivered, failing which all claims shall be deemed to
be waived and absolutely barred. In any event the Seller shall
be under no liability for storage or damage unless within three
working days of delivery the Buyer gives notice of claim to the
Carrier. The Seller shall be under no liability whatsoever if
bulk is broken pending settlement of any claim. Should any
dispute arise the goods shall not be rejected nor payment refused
and should Buyer and Seller fail to arrive at a settlement then the
claim shall be referred to arbitration in accordance with Timber
trade Federation conditions.
12. In the event of any goods being
delivered in a damaged condition the Buyers must notify Carriers and
Sellers and indicate on delivery sheet specific details of damage to
container or contents. "Unexamined" is not adequate.
In the event of any shortage in delivery the Buyers must notify
Carriers and Sellers with full details on delivery ticket, or at
latest, 72 hours after receipt of goods.
13. In the case of goods shipped by
seagoing container(s) direct from ship to Buyer's premises, Buyers
are liable for any demurrage concerned.
PRICE ADJUSTMENTS
14. The contract prices are based on
current freight, haulage and handling charges. Any variation
before deliveries are completed are for Buyers account.
15. The prices of all forward sales are
based on current import duty where applicable and freight rates and
war risk insurance premium prevailing at the date of contract, any
variation therein being for Buyer's account.
16. The contract prices are based on an
exchange rate in London between the pound sterling and the currency
of the country of origin of the goods at the date of contract unless
otherwise stated. In the event of there being any variation in
the rate of exchange prior to the goods being shipped as evidenced
by the Bill of Lading date then the prices of this contract are
subject to re-negotiation as they shall also be in the event of any
change in the registration regulations, terms or conditions relating
to the importation of the goods into the United Kingdom. If
agreement cannot be reached either Buyers or Seller have the right
to cancel without any claim by either against the other. 17.
Invoices that are incorrect must be returned as no alteration can be
made at settlement. 18.
Accounts are due for payment 30 days after date of invoice unless
special terms are stated. Interest may be charged on overdue
accounts at 3% per annum over Highest Clearing Bank Rate. PROCESSING
CONTRACTS 19.
All goods are accepted for processing entirely at owner's risk.
It is a condition of all contracts for the processing of goods that
no warranty whatever is given or implied except that the processors
will exercise reasonable care and skill and the processors, their
servants or agents will not be liable for an loss, deterioration or
damage arising from any cause whatever other than their own
negligence and then subject to the claim being notified at the time
of delivery to or collection of the goods by the owners, or at
least, 72 hours after receipt. 20.
If it is agreed that the goods be processed, the Seller may arrange
for such processing to be performed by a third party and in such
case the operation shall be carried out on the standard terms and
conditions of the third party. 21.
Where these Terms and Conditions in any way conflict with any terms
on which the Buyer has purported to purchase the goods, then the
provisions of any such terms of the Buyer shall be deemed to be
ineffective to the extent that they are inconsistent herewith. 22.
If and to the extent that any person by whom the Seller has been
supplied with the goods supplied hereunder (hereinafter referred to
as "the Supplier") validly excludes restricts or limits
liability to the Seller in respect of said goods or of any loss or
damage arising in connection therewith, the liability of the Seller
to the Buyer in respect of the said goods or of any loss or damage
arising in connection therewith shall be correspondingly excluded
restricted or limited: if the Supplier validly excludes restricts or
limits his liability to the Seller in respect of any liability of
the Seller to the Buyer in connection with the said goods, then the
liability of the Seller to the Buyer in respect of the said goods
shall be excluded restricted or limited to the extent to which the
Supplier is liable to the Seller in respect of the Seller's
liability to the Buyer and no further. Any term, warranty or
condition express or implied or statutory to the contrary is
excluded. The Seller will, upon request, supply the Buyer with
the details of any such exclusion restriction or limitation.
|
