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1. THE CONTRACT |
payment of invoices, the Supplier regardless of other remedies shall at its discretion be entitled to claim from the customer costs for materials specifically ordered to fulfil the order. 4.7 The Supplier reserves the right to accept orders for goods on a pro-forma basis where payment is made either by cheque, with delivery taking place after clearance of the cheque, or by a cleared credit card transaction. 5. TITLE AND RISK 5.1 Risk and therefore responsibility for insurance of all items supplied shall pass to the Customer upon delivery within the United Kingdom. 5.2 Title of items supplied by the Supplier does not pass until all outstanding amounts due to the Supplier, for any reasons whatsoever, have been settled in full, including any penalties for late payment accruing under these Terms or as varied by Government Legislation. 5.3 No goods are supplied on a "sale or return" basis. 5.4 The Supplier accepts no liability whatsoever for goods manufactured to a Customers specification (unless due to a manufacturing fault) and invoices raised for such work will be due for payment as detailed in Clause 4. 6. WARRANTY 6.1 The Supplier warrants that all goods supplied are to the best of their knowledge fit for the purpose as described in the catalogue, conform fully to all relevant safety legislation at time of delivery and are free of any defects due to materials, design, or workmanship. 6.2 Should the Supplier accept the validity of any claim, total liability shall be limited to replacement or value of such items. The method of settlement of any claim is at the discretion of the Supplier. No third party claims will be entertained whatsoever. 6.3 The Supplier reserves the right to make alterations in design, colour, finish, or content of the goods sold from the samples shown or displayed in brochures and catalogues. All goods are supplied subject to availability. 6.4 The Supplier will use his best endeavours to produce final products to the same specification as proofs or samples, however no guarantee is expressed or implied. 6.5 The Supplier at all times reserves the right, not withstanding any other remedies available to it, to refuse to supply and/or suspend further deliveries and/or stop goods in transit or fulfil any other obligations of this contract without having to give a reason, whether or not the Customer fails to fulfil any of its obligations under this contract. 7. LIABILITY 7.1 In the event of insolvency, liquidation receivership or bankruptcy not withstanding any other remedies available to the Supplier clause 5.2 of this contract applies. 7.2 Details of short delivery must be notified in writing to the Supplier within 5 working days of the date of delivery. 7.3 The supplier has no liability to the client for consequential loss whatsoever due to short, late or incomplete deliveries, damaged goods or as detailed in clause 6.5 above. 7.4 The Supplier shall not be held responsible to the Customer and therefore has no liability to the Customer whatsoever for any non-performance whatsoever in whole or in part of its obligations as conferred under the Terms of this contract for any reason or cause beyond its control. Such reasons shall include (but not inclusively) strikes, lockouts, disruption of power, transport, materials or fuel supplies, acts of war and civil disturbance. 8. CANCELLATION / RETURN OF GOODS 8.1 Should the Customer decide at any time after placing an order, to cancel or change their instructions, the Supplier shall, at his discretion, be entitled to invoice as if the order had been fulfilled in its entirety, such entitlement shall be in addition to other rights conferred upon the Supplier as contained in these Terms. 8.2 The Supplier at his discretion may except the return of goods supplied to the Customer. No returns will be accepted without prior written acceptance by the Supplier. Credit will only be given for goods returned in good condition and less an allowance for handling and carriage charges as detailed in the current price list. 9. LAW 9.1 This agreement is governed by the Laws of England and Wales. |


