FIXINGS TYNE TEES TERMS AND CONDITIONS
RULING CONDITIONS
All contracts of sale made by FIXINGS TYNE TEES (Herinafter called FIXINGS) are subject to these conditions to the exlusion of any and all printed terms and conditions of the Purchaser which shall not form part of the contract. These conditions cannot be varied, suspended or added to except with the prior consent in writing of FIXINGS.
DELIVERY & RISK
a) Time for delivery shall not be of the essence of the contract
b) The goods shall be at your risk from delivery to you or or to any carrier or agent acting on your behalf
LOSS OR DAMAGE IN TRANSIT
FIXINGS will accept no liability for loss or damage in transit unless preliminary notice is given to FIXINGS within three days of receipt of the goods by the Purchaser and unless a complete statement of claim is received by FIXINGS within 7 days of receipt of goods by the Purchaser.
DISCREPANCIES
Discrepanices must be advised to us in writing within 7 days of the Advise Note date. Claims outside this period cannot be considered. We must also be given the chance to inspect, re-count or re-weigh.
GOODS RETURNED
Any goods returned and accepted by us as defective or not in accordance with order shall be replaced but shall not form the subject of claim for labour or other expenditure.
PRICES
a) FIXINGS reserve the right to alter prices or specifications at any time without prior notice.
b) Unless agreed seperately and in writing by FIXINGS, the price of goods shall be the price ruling at the date of despatch together with any VAT or government taxes.
c) Invoice strictly NET
PAYMENT
a) Except it to be otherwise agreed in writing by FIXINGS, payement shall be made not later than the end of the month following the month shown by the date of invoice for the goods. In cases where payment is not made by due date, FIXINGS reserves the right to charge interest, at the rate of 1% a month or part of a month, on all sums overdue for payment, the amount of interest being payable in full on demand.
FIXINGS also reserves the right in such cases, exercisable with, or in lieu of, the fore-going right, to suspend all deliveries of all goods to the Purchaser under this and/or any other contract, and/or to cancel all or any other contract with the Purchaser.
b) Not withstanding any statement to the contrary in any invoice or confirmation of sale note or other document from FIXINGS; FIXINGS reserves the right to demand payment of the price at any time.
c) On any account not paid within our terms of trading we reserve the right to add to the account any costs incurred by us in instructing an agent or solicitor to act on our behalf in the recovery of the account.
RETENTION OF TITLE
Until payment in full has been received by FIXINGS for all goods whatsoever supplied at any time by us to Purchaser:
a) Property in the goods shall remain in FIXINGS and Purchaser shall hold the goods as bailee on FIXINGS behalf:
b) Purchaser shall subject to (c) and (d) below store the goods separately from other goods in the possession of the Purchaser:
c) Purchaser shall be at liberty to sell the goods in the ordinairy course of business on the basis that all proceeds of sale of such goods are FIXINGS property for which Purchaser shall account for on demand:
d) Notwithstanding that property in the goods has not yet passed, Purchaser may incorporate the goods in or together with any product manufactured or assembled by Purchaser in the ordinairy course of its business. If Purchaser sells any such product before property in the incorporated goods has passed, it shall do so as FIXINGS agent but Purchaser's liability to account as agent for the proceeds of such sale shall be limited to FIXINGS invoice value of the goods so incorporated. If before property in the goods passes any of the goods are incorporated in or together with any products manufactured or assembled by Purchaser, Purchaser shall maintain records sufficient to enable such products to be identified, and for the goods so incorporated to be identified, measured or otherwise quantified.
e) The powers of Purchaser referred to in (c) and (d) above shall be determined:-
i) by written notice to Purchaser if any payment for any goods whatsoever remains unpaid 14 days after becoming due to FIXINGS.
ii) automatically if a receiver is appointed over any assets or undertaking of Purchaser or a winding-up order is made against Purchser or Purchaser goes into voluntary liquidation or calls a meeting or makes any composition or arrangement with its creditors or commits any act of bankruptcy:
f) Upon determination of the powers of Purchaser referred to in (c) and (d) above Purchaser shall place the goods at FIXINGS disposal and FIXINGS shall be entitled to enter upon the premises of Purchaser and remove any goods including any goods which may have been incorporated into other products affixed to the realty.
REPRESENTATION & WARRANTIES
a) Goods are not sold or tested as conforming to any British Standard Specification or as fit for any particular purposes unless FIXINGS expressly so states in writing. Any term or condition or warranty that the goods are so fit is excluded.
b) The Purchaser shall not be taken as relying on the Firm's skill or judgment with regard to the goods.
c) The Purchaser shall not claim to rely upon any representation unless made or confirmed in writing by a partner in the Firm.
10. CONSEQUENTIAL LOSS
FiXINGS shall not be liable, whether by way of indemnity or by reason of breach of contract, tort or breach of statutory duty or in any other manner for consequential or indirect loss of whatever nature
suffered by the Purchaser or for special damages, loss of use, (whether complete or partial) of the goods, or loss of profit or of any contract.
11. LEGAL
The construction validity and performance of the contract shall be governed by English Law.