1) All quotations given and orders accepted by the Company are subject to the terms set out below and the special terms contained on the quotation. No addition to or alteration of the terms (whether or not contained in the customer’s order form) shall bind the Company or shall form part of any contract with the Company unless it has been expressly accepted in writing by the Company.
2) Quotations hold good for 30 days from the date thereon unless otherwise stated. A quotation may be withdrawn at any time, before acceptance.
3) Quotations based upon drawings or otherwise given without sight of sample of the actual article to be processed are provisional only.
4) All quotations based on the current cost to the Company of labour and materials at the date of quotation, in the event of increases in such costs the Company reserve the right to increase its prices accordingly.
5) The Company does not allow any discount for prompt payment.
a. Payment shall be made by account customers by the end of the month following the month of invoice date and if the payment is overdue the Company reserves the right to charge interest at the rate of 1.5% per month from the due date for payment to the date upon which payment is received, provided always that the payment of such interest shall be in addition to all other rights of the Company.
b. Customers who do not have accounts approved by the Company shall pay against a pro-forma invoice.
6) The Company may at its discretion make instalment deliveries; each delivery constitutes, as regards payment, a separate order. Any failure or delay in the delivery of an instalment shall not vitiate or vary the contract for the processing of material to be delivered subsequently.
7) While every effort is made to adhere to delivery promises, the Company will not be liable for loss or damage caused by failure to adhere to them, nor for delay caused by strikes, lock-outs, fire, break-down off plant or any other reason, and time or date of delivery is not to be the essence of the contract.
8) Unless otherwise agreed, all charges for carriage will be paid for by the customer.
9) All customers’ goods are at customer’s risk at all times.
10) The Company has a general lieu on all goods in its’ possession for all monies due from the customer. Where the Company supplies metal of fabricated parts, title to the same shall not pass to the customer until payment to the Company has been received.
11) In the treatment of large quantities of material some wastage will take place and by trade custom due allowance for this wastage should be not be made by the customer. The extent of the wastage will depend on the nature of the article.
12) The methods, chemicals, dyes and equipment used in processing by the Company are, in its’ opinion the best available for the purpose. However, if goods are unsatisfactory in any way, the Company must be notified in writing within three days of receipt by the customer of the goods in question. If, after examination of the goods complained of, the Company accepts responsibility, it shall either reprocess the goods free of charge or, if the goods are unsuitable for reprocessing, credit the customer with an amount not exceeding twice the original processing charge.
13) In the event of successive or instalment deliveries of the same finish, notification of rejection must be made within three days or it will be assumed that the standard finish is acceptable and subsequent deliveries will be to the same standard. In the event of the customer receiving a shortage of goods it must similarly notify the Company of the same within three days from the date of delivery. Failure to notify the Company of defective goods or shortages within the period specified above shall prevent the customer from claiming hereunder. This condition must apply in place of and to the exclusion of:
a. Any condition or warranty or implied by statute, Common Law or otherwise, and
b. Rights of the customer in contract or tort as to quality, workmanship suitably for the purpose of description or of specification of the goods delivered.
14) Gives separate written notice to the carrier concerned and to the Company of the damage or shortage within three days of delivery of the goods or, in the event of loss of the goods, within ten days of the notified date of arrival of the consignment.
a. Submits a detailed claim in writing to the Company within five days of the date of the notice given under (a) above; and
b. Endorsed, where applicable, on the carrier’s receipt that the goods had been accepted without examination.
15) The Company may immediately cancel this contract as to any future deliveries if the customer fails to comply with any of its obligations hereunder or becomes bankrupt or makes an assignment agreement or composition with its creditors or suffers distress or process of examination to be levied on its’ property or goes into liquidation either compulsorily or voluntarily (except for the purpose of reconstruction or amalgamation). The Company reserves similar rights of cancellation if it appears probable or likely to the Company that any of the above events will occur.
16) Where the Company has issued an acceptance of order and the customers subsequently cancels or postpones its’ order, the customer shall compensate the Company to the extent of any costs or charges incurred by the Company by reason of such cancellation or postponement, together with all costs incurred by the Company up tot he date thereof and in the event of the Company not being able to sell the goods which were to have been supplied by it elsewhere at the price set out in the quotation, the customer shall be liable to pay the difference.
17) Any notice given under a contract shall be in writing and shall be given to the Company or to the customer as the case may be at their respective addresses set out or at such other addresses as either party may notify the other. Any notice or process sent by post shall be posted in a properly addressed first-class pre-paid envelope and shall be deemed to have been delivered twenty four hours after the same shall have been posted. Proof of posting shall be sufficient proof of service.