All orders are accepted by us, the Sellers, on the basis of the most current quotation. We do not accept any variations to these conditions which you, the Buyer, may set out unless we confirm our agreement in writing.
Our prices will be based on our quotation. Where we have given a quote and prices change before you have accepted our terms and conditions and/or quote we reserve the right to change the price. We will notify you of the new price. If you do not accept the new price you in turn must notify us immediately that you no longer wish to purchase the goods.
Each order placed by the Buyer shall on acceptance by the Seller, be treated as a separate contract. If there shall at any one time be more than one contract in course of performance between the Seller and Buyer, any question, dispute or difficulty which may arise in respect of one of these contracts, or the terms upon which it may be settled, shall not affect in any way the performance of the other contracts, nor shall the Buyer be entitled to exercise in relation to any of the other contracts any right to set-off or counter claim arising under one contract.
Orders may not be amended or cancelled in whole or part without the Sellers consent.
Unless otherwise agreed in writing by us, all invoices are strictly payable in full within 15 days the date of the invoice. In the event of failure to pay any invoice within that period all other sums shall immediately become payable in full and in addition the Seller may rescind the contract for any further goods ordered by the Buyer, but not yet delivered by the Seller.
If any payment is in arrears the Seller shall be entitled (without prejudice to any other rights it may have) to suspend further deliveries until payment is received, whether or not such deliveries are due under the same contract or other contracts. Interest on overdue accounts will be calculated at the rate of 8% above the Bank of England base rate, and shall accrue from the date of the invoice to the date of payment. In the event of proceedings being issued shall continue to accrue after Judgement until payment.
The Seller is the proprietor of and beneficially entitled to the copyright, registered design and all other rights like nature conferred in the United Kingdom in the plans, models, drawings, sketches, graphs and other materials prepared by the Seller in relation to the design of the goods or tooling.
The Buyer shall indemnify the Seller against any costs, claims or expenses arising out of any action for infringement or alleged infringement of any patent, trade mark, registered design, copyright or any other claim resulting from the Seller's compliance with the Buyer's instructions express or implied.
Costs for carriage are outlined in the quotation and relate to mainland United Kingdom, unless otherwise agreed.
The Seller warrants that the goods shall be of normal industrial quality unless specifically stated to the contrary and will be suitable for the purposes for which they are manufactured. The Sellers liability is limited to replacement of any goods, which do not conform to this warranty. The Seller shall not be liable for the failure of the goods to be fit for any particular purpose for which they have not been manufactured even if the Buyer had previously used the goods successfully for an unrecommended purpose nor shall the Seller be liable in those circumstances for any loss or damage attributable to the goods whether direct or consequential and whether arising in contract or not.
Where the Seller's goods are supplied with safety instructions the Seller shall not be liable for the failure of the goods or for damage or injury where the Buyer or any subsequent purchaser, or person acting as the Buyer or subsequent purchaser's agent or on his instructions fails to comply with the written safety instructions.
Notwithstanding any other provision thereof, should the manufacture, processing, delivery or despatch of the whole or any part of the goods be delayed, prevented, hindered or rendered uneconomical by any cause or causes whatsoever beyond the Seller's control, the Seller shall be entitled to either cancel the contract or postpone or suspend any delivery or deliveries under the contract until in the Seller's judgement such cause shall have ceased to operate. The Seller shall be under no liability in respect of such cancellation, postponement or suspension. Without limiting the generality of the cause or causes referred to above, the same shall include war, fire, accident, breakdown of plant or machinery, strikes and lock-outs (whether affecting the Seller's works or those of his suppliers or those of their suppliers or carriers); shortage of, or late, or non-delivery of material or raw material.
Any contract between the Seller and the Buyer shall in all respects operate and be construed as an English contract and be governed by English Law.
Unit 13, West Lane, Full Sutton Airfield, Stamford Bridge
York YO41 1HS
Last Edited on 2017-05-19