Terms and Conditions
Orders are accepted subject to the following terms and conditions which should be carefully noted so that misunderstanding may be avoided:
Warranty – Subject to the terms hereinafter contained the casting shall comply with the specification agreed between the parties but all other guarantees and warranties statutory or otherwise, as to quality or fitness for a particular purpose is expressly excluded.
Validity – Unless previously withdrawn, this quotation expires within 21 days from date hereof. Your order whether based on the quotation or otherwise, shall be an offer which shall require acceptance by us in writing.
Unless the order is accompanied by sufficient information drawings and patterns to enable work to proceed forthwith the Seller is at liberty to amend prices quoted herein to cover any increase in cost during the period of delay caused by the lack of such details.
All orders are accepted on condition that any fluctuation in the cost of materials and / or wages shall entail a corresponding adjustment in the Selling Price of such portion of Current Orders as remain to be completed.
Any alterations by the Buyer in design, weight, quantities or specification and any lack of instructions will involve adjustments of the agreed or quoted prices if the costs are affected thereby.
Prices quoted are for unmachined, self-colour castings unless otherwise stated.
We reserve the right to withdraw or cancel any quotations at any time before acceptance without notice.
Where the Buyer supplies Patterns the quotations of the Seller assume that such patterns are in good condition true to drawing and entirely suitable for the Sellers methods of production and for the production of the Casting in the quantities required.
Buyers Patterns will be stored during the currency of the order at our expense but maintenance and/or replacement of patterns due to normal wear and tear or additional patterns necessary to meet increase in the Buyers requirements of castings will be paid for by the Buyer.
Where Patterns are not supplied by the Buyer only such patterns as are specifically made and separately charged in full shall become the property of the Buyer when paid for.
The Seller takes all reasonable care to protect the Buyers patterns while on the Sellers premises and so far as possible will store the Buyers patterns for a period not exceeding three years after the completion of an order. Thereafter the Seller shall have the right to return or otherwise dispose of the patterns upon giving one months notice in writing to the Buyer at his last known address. The Seller does not accept liability for loss or damage arising from accidents, fire, largely, riot or act of war and no insurance will be effected by the Seller in respect of patterns in his custody.
Dies are invoiced at part costs only. They are designed as component parts of our plant to comply with our particular methods of production and they remain our property at all times. Neither the issue by us of an invoice in respect of a die nor the payment thereof by the Customer shall be deemed to effect or be evidence of a sale of the die. Dies will be stored and maintained during their normal useful life at our expense and will be used only in accordance with the Customer instructions. Every care will be taken in maintenance but we do not undertake to replace worn out dies. In the event of a customer ordering a lesser quantity of castings than that quoted for or failing to take delivery of such full quantity within the period stated on the quotation, we reserve the right to charge the whole or a proportionate part of that portion of the cost of making the die, which is not covered by the part cost stated on our quotation. When small quantities of castings are ordered at infrequent intervals a charge will be made for cleaning, heating and redressing dies.
Unless otherwise specified prices quoted include delivery to destinations in Great Britain and at the option of the Seller may be either:
– by rail transport to the address stated on the Buyers enquiry (or any equivalent address within the Railway Company free cartage area) subject to Railway Company conditions.
– by road transport only to the address stated on the Buyers enquiry and subject to Haulage Contractors conditions.
– by extra cost of special delivery at Buyers request by Passenger Trains or other Express methods will be charged to Buyers.
Time for delivery is estimated as accurately as possible but is subject to any delays or break-downs, strikes or lock-outs beyond the control of the Seller and is not guaranteed. Provision for penalties for delay in delivery or otherwise are excluded from any contracts based on this tender. The period specified for delivery is exclusive of any period required for making modifications or alterations instructed by the Buyer after the order is placed and shall commence only from the date of written approval of the sample casting.
Owing to the difficulty of producing exact quantities of castings the Seller reserves the right to deliver up to 5 per cent over or under the quantities ordered unless special agreement has been made to the contrary.
Occasionally difficulties are experienced in the manufacture of diecastings and in this case we do not accept any responsibility for delay.
8. DAMAGE, SHORTAGE OR LOSS.
The Seller does not accept responsibility for any damage, shortage or loss in transit unless damage or shortage is notified in writing both to the Seller and to the Carriers within three days of receipt of goods and the goods have been signed for as “;not examined” and have been handled buy the Buyer in accordance with Carrier’s conditions, or non-delivery (in the case of total loss) is notified both to the Seller and to the Carriers within ten days of the date of despatch.
Samples submitted will be payable by the buyer unless returned to the Sellers Works carriage paid within one month from the date of despatch. In all instances where the Seller is working from a new pattern, an altered pattern or a pattern fresh to the Sellers foundry, the Seller may submit sample castings for approval before executing the bulk of the order which will only be commenced on receipt of such approval in writing. Where small quantities only are required submission of samples will be made only if such is requested by the Buyer at the time of placing the order.
Unless otherwise stated the costs of supplying machining, or testing all test places required by the Buyer, will be charged extra. When figures or particulars relating to physical or chemical properties are indicated they are to be regarded as a general guide only and constitute no guarantee from Seller unless specified margins have been agreed at the time of placing the order. Whilst every effort is made to provide sound castings no express or implied warranty is given by the Seller as to the fitness or suitability of castings for any particular purpose whether such purpose is known to the Seller or not.
NB: the Seller shall be liable for personal injury or death directly arising from defects caused by the Seller or damage to property directly arising from defects caused by the Seller but all other liabilities for loss or damage in contract or tort whatsoever is expressly excluded. The Buyer should therefore give consideration to his own insurance and the uses to which the castings shall be put.
The invoice value of any castings made by the Seller and subsequently agreed by the Seller to be defective in workmanship or materials will be credited to the Buyer, provided that the castings are returned to the Seller within three months from date of despatch. Any such agreed defective castings will be replaced and reinvoiced at the price credited or made serviceable for their original purpose free of charge.
The Buyer shall make every effort to ascertain any possible defects as soon as possible after delivery of the casting, including any necessary test or inspection during or after machining. Immediately after discovery of any such defects or any alleged defect, the Buyer shall notify the Seller in writing and give the Seller a reasonable opportunity to take prompt measures to prevent a repetition of the defect.
Defective castings will not form the subject of any claim for labour, machining costs or other expenditure thereon or for resultant loss or damage arising out of any such defect.
No claim for free replacement or otherwise will be accepted in respect of any castings found to be defective through faults in the design or construction of patterns supplied by the Buyer.
PACKING. Unless otherwise specified packing cases and packing materials will be charged extra but will be credited in full on return to the Sellers Works, carriage paid and in serviceable condition within one month of receipt by the Buyer.
12. INFRINGEMENT OF PATENTS OR REGISTERED DESIGNS.
The Buyer shall indemnify the Seller against all damages, penalties, costs and expenses to which the seller may become liable as a result of work done in accordance with the Buyers specification which involves infringement or alleged infringement of a patent or registered design.
13. BUYERS BANKRUPTCY.
If the Buyer shall make default in or commit any breach of any of his obligations to the Seller or of any distress or execution shall be levied upon the Buyer, or if the Buyer shall offer to make any arrangement with creditors, or commit any act of bankruptcy, or if any petition in bankruptcy shall be presented against him or if the Buyer is a limited company any resolution, or petition to wind up such company’s business (other than for the purposes of amalgamation or reconstruction) shall be passed or presented, the Seller shall have the right forthwith to determine by written notice posted to the Buyer and contract then subsisting without prejudice to any claim or right the Seller might otherwise make or exercise.
14. DEFAULT IN PAYMENT.
Should default be made by the Buyer in paying any sum due under any contract as and when it becomes due or should the Buyer be in breach in any respect on the contract entered into, the Seller shall have the right by written notice posted to the Buyer either to suspend any further deliveries until the default be made good or to determine any contract then subsisting so far as any further goods remain to be delivered without prejudice to any claim or right the Seller might otherwise make or exercise.
15. ARBITRATION AND LEX LOCI.
The construction validity and performance of any contract or order under these conditions shall be governed by the law of England and any question, dispute or difference which may arise under, out of or in connection with or in relation to this order or contract or touching the meaning and construction of the same shall be referred to the arbitration of a person to be appointed failing agreement of the parties by the President of the Law Society for the time being and the decision of such arbitrator shall be binding on both parties and shall be a submission to arbitration within the meaning of the Arbitration Act,1950 or any statutory modification thereof for the time being in force.
These conditions cannot be varied unless such variation is expressly referred to and agreed between the parties in writing.
17. PASSING OF PROPERTY.
The property and legal title in the castings shall not pass from the Seller to the Buyer until the said castings have been paid for in full.
NB: The Buyers attention is specifically drawn to this provision that the specification expressly excludes X-ray testing and therefore any defects which could only be revealed by such testing such as porosity shall not be the liability of the Seller nor any claim or action arising there from unless otherwise specifically agreed in writing.