1) The Fluidconnections Co (UK) Limited, (the Sellers herein) make no conditions stipulation or warranty in respect of the merchandise to be sold, whether expressed or implied by statute, common law or otherwise, and will not be liable for any loss, damage or injury excepting those as may be caused
wholly through negligence of the Sellers or their employees.
a) In the event of the Sellers or any agent or employee of the Sellers giving to the Buyers any technical information or advice in respect of or in connection with the goods, whether given prior to or at any time
after delivery of the goods, or whether given pursuant to contract or otherwise, and whether in writing or orally, the sellers will not be liable for any loss, damage or injury however caused which may be
sustained by the Buyers or any other person as a result of or in connection with the receipt of or action upon, any such information or advice, except any such loss, damage or injury as may be caused by the negligence of the Sellers or any of their employees
b) Unless otherwise stated all products are manufactured to our standard manufacturing tolerances which are available upon request.
c) The Sellers are not in any way liable for normal commercial variations in finish, weight and colour.
2) No conditions or warranty or stipulation is made in respect of colour stability of plastics. Failure on the part of the Buyers to give notice in writing to the Sellers of a claim prior to the expiration of
a) 10 days after despatch of goods
b) 10 days after the first reasonable opportunity on the part of the Buyers to inspect the goods
c) 10 days after receipt by the Buyers of notice of claim in respect of the goods by any third party against
Buyers shall constitute a waiver by the Buyers of all claims in respect of such goods. No claim, however, shall be made by the Buyers hereunder later than three months after the delivery of the goods in question. No charges or expenses incident to any claims will be allowed unless approved in writing by an authorised representative of the Sellers.
3) Goods returned by the buyers will not be accepted by the Sellers unless such return was previously approved in writing by the Sellers.
4) The description and illustrations contained in catalogues, price lists, brochures, leaflets or other descriptive material shall not form part of the contract and no representation, statement or report made by any employee or agent of the Sellers shall be binding on the Sellers.
5) No returned goods will be accepted without prior agreement, any goods returned must be accompanied by a completed form RGA11 which is available on request.
6) Where the Sellers accept the return of any goods delivered under contract, a reasonable time will be allowed the Sellers, to enable them to replace the goods returned. In the event that the returned goods are deemed acceptable, within tolerance or fit for purpose the Seller reserves to right to charge the Buyer a restocking charge of fifteen percent (15%) of the invoiced amount of the returned goods.
7) The Sellers shall have the right to deliver up to ten percent (10%) or less than the quantity stated.
8) Unless otherwise stated overleaf the price of the goods shall be that ruling on the date of delivery. The Sellers reserve the right to alter their prices at any time prior to delivery, but in such circumstances the Buyers shall have the right to cancel the contract in respect of any good not delivered at that time.
9) When goods are sold on C.I.F terms, any alteration in the rates to marine freight and insurance between dates of order and shipment shall be for the account of the Buyers unless otherwise stated overleaf.
10) Any tools, dies or moulds, prepared by the Sellers at the cost of the Buyers for the manufacture of the goods specified overleaf shall at all time remain the property of the Sellers.
a) No property in any of the goods delivered hereunder shall pass to the Buyer until the purchase price shall have been paid in full. Until the purchase price is paid in full the Buyer shall be a bailee of the goods
and shall store them in such a way that they are kept separate and can be recognised as the property of the Seller.
b) Until the payment in full of the purchase price of the goods, the Buyer shall have no right to sell, pledge, mortgage, create any right over the goods in favour of a third party binding the Seller or the goods, the Buyer shall hold all the proceeds of sale or transfer of such right on trust for the Seller. During such time as the full purchase price of the goods shall remain unpaid the Seller shall have an irrevocable right to enter and seize the goods
11) The Sellers standard terms of payment are one month following the month of delivery unless otherwise agreed in writing
a) In the event of the Buyers failing to fulfil the terms of payment or if the Sellers shall have any doubt at any time as to the Buyers financial responsibility, the Sellers may decline to make further deliveries
except upon receipt of cash or security, satisfactory to the Sellers, without prejudice to any rights of the Sellers.
12) The Sellers may forthwith repudiate the contract resulting from the acceptance of this order in the event of the happening of any of the following events:
a) Insolvency of the Buyers
b) The filing of a voluntary petition in bankruptcy
c) The filing of an involuntary petition to have the Buyers declared bankrupt provided it is not vacated within thirty (30) days from the date of such appointment the execution by the Buyers or an
assignment for the benefit of creditors.
13) Monthly interest at two percent (2%) above the nominal bank interest rate but at least twenty-five (25%) per annum will be charged on past due accounts
14) Deliveries or shipments may be wholly or partially suspended or delayed by acts of God, fire accidents, riot, civil commotion’s, hostilities, war, strikes, lock-outs, import/export restrictions, emergency regulations, breakdown of plant, non-delivery of raw materials and other contingencies beyond the
control of the Sellers, either similar to the foregoing or any other cause whatsoever which may prevent or hinder the manufacture, shipment or delivery of the goods. Any deliveries or shipments so suspended or delayed shall be taken by the Buyers from the termination of suspension at the same rate of delivery as specified on the face hereof (provided that the Sellers can deliver at the rates specified taking into consideration the Sellers commitments to other customers) but should the period of suspensions or delay exceed four (4) months the contract will be deemed to be cancelled on the expiration of such period.
15) Unless prior agreement has been negotiated, all orders received will carry a minimum order value of £150.00 (€120.00) net
16) Unless prior agreement has been negotiated, all quoted prices are offered on an ex-works basis with UK mainland (excluding Highlands) carriage charged as follows
Bag up to 1kg £7.50
Bag up to 5kg £9.00
Box up to 30kg £14.00
17) We reserve the right to pass on any additional fuel surcharges to the above delivery costs.
18) Where carriage is included, a minimum order value of £500.00 net per delivery is required.
19) Unless prior agreement has been negotiated, it is not possible to deliver to third party addresses.
20) This contract is not assignable or transferable, by the Buyers in whole or in part, except with written consent of the Sellers.
21) This contract contains all the terms and conditions with respect to the sale and purchase of the goods, therein overleaf and no modification of these terms and conditions shall be of any force against the sellers unless such modification is in writing and signed by the Sellers.
