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1. CONTRACT CONTENTS
The “Company” refers to Aire Bearings Ltd.
The “Customer” refers to any business, organisation or person ordering Goods from the Company.
The “Goods” refers to any goods or services ordered by the Customer from the Company or sold or supplied by the Company to the Customer under the terms of this contract.
This “Contract” refers to a contract between the Customer and the Company incorporating these Conditions. This contract shall apply to any goods or services ordered by the Customer from the Company.
This Contract governs the sale of Goods by the Company to the exclusion of all other representations, statements, understandings, negotiations, proposals or agreements.
Where the Customer submits its own order form these terms shall prevail if they conflict with the terms in that form, even if that form includes a condition similar to this one.
No employee of the Company or its agents has authority to make any warranty, statement or promise concerning the Goods except in writing signed by a Director of the Company.
The Customers order shall be subject to acceptance by the Company.
Orders are accepted and estimates of delivery given conditionally on the Company being able to secure the necessary labour or material and without responsibility for delays or non-fulfilment arising through risk and uncertainties of manufacture, strikes, accidents, force majeure or otherwise howsoever caused.
All drawings, descriptive and forwarding specifications, particulars of weights and dimensions are approximate only and not binding and illustrations contained in catalogues, price lists, sales literature and other advertisement material are for the purpose of general description only and none of these shall form part of this Contract
Where the Company is asked to manufacture or supply Goods to the Customers own specification, the Company will not be held responsible for any non-compliance to the relative standards for those Goods and is not responsible for the actual suitability of those goods for the purpose being used.
The price shall be the amount quoted at the time of the dispatch date. All prices, unless otherwise stated, are excluding delivery/installation and are exclusive of value added tax or any other tax or duty which is or may be levied or charged in the U.K or in the country of destination. Any such taxes, duties or charges shall be paid by the Customer..
The prices quoted are subject to any increase in the cost of labour or material between the date of quotation and despatch of Goods from our works and may not include installation costs. If the Customer requires any alteration to the order, the price will be varied accordingly.
Delivery shall be "ex-works" unless the Company agrees otherwise. If the contract includes delivery by the Company, the Customer shall be responsible for giving the Company clear and accurate instructions as to the place of delivery. The Company will use its best endeavours to deliver at the time stated, delivery dates and times specified by Company or by the Customer shall be regarded as estimates only. The Company does not guarantee that the Goods will be delivered by such date or accept liability for failure to meet the date. Time shall not be of the essence in respect of delivery. The Company does not accept responsibility for any damage, shortage or loss in transit unless: the Customer informs the Company within 3 days from the date of the Companies delivery note. Any damage, breakage or shortage is advised to the Company within 3 days of the receipt of Goods, provided that the carriers note is marked “unexamined or unchecked".
All sizes are approximate variations do occur and cannot be avoided and liability is not accepted for them. When Goods are offered and supplied to a Customers designs and specifications no guarantee is given or implied of their suitability for the purpose for which they are used.
If a shortage in delivery does occur and the Customer accepts the part delivery of goods no charge would be levied on the Customer for redelivery of goods to compensate the Company for any redelivery charges by the Carrier. If the Customer rejects the part delivery of the goods then redelivery charges would be levied.
5. PROPERTY OF GOODS
The Title and Property of the Goods delivered by the company shall not pass to the Customer until payment is made in full. In case of default in payment the Company shall be granted access rights in order to repossess the Goods. At all times before payment in full: - the Goods shall stand in the Customer’s books in the name of the Company; and - the Customer shall take appropriate steps to notify third parties of the Company's interest in the Goods; and - in the event of threatened seizure of the Goods or of appointment of a receiver or liquidator, or any other event entitling the Company to terminate this Contract under paragraph 3, the Customer shall immediately notify the Company and the Company shall be entitled to enter the Customer’s premises and repossess the Goods.
If the Customer delivers goods to a third party before payment has been made in full to the Company, the Customer shall hold all sums received for such Goods as trustee for the Company and shall remit them to the Company on receipt.
Risk shall pass on delivery of the Goods to the Customers address.
Property of the Goods shall remain with the Company until the amount due is paid in full including costs and interest and only then will the Goods be passed to the Customer.
Until the property of the Goods are passed to the Customer the Customer shall protect and store the Goods on behalf of the Company.
The Customers order will have been deemed excepted by the Company when a written acknowledgement has been received. Standard product orders may be cancelled up to a period of 7 days without incurring any costs from the order date. Cancellations after this period by the Customer may incur a cancellation charge and is solely at the discretion of the Company, and is non-negotiable. Product orders designed or modified to the Customer’s specifications may only be cancelled by paying 75% of the product price.
7. SETTLEMENT TERMS
Payments to be made to the Company address on the Customers invoice. Payments will be due 7 days from the invoice date. Where credit is allowed payments are due 30 days from the date of the invoice. Where the company has prior arrangements with the Customer for Goods installed or supplied staged payments may be requested. Where special discount terms are quoted, the terms must be strictly adhered to.
The Company has the right to refuse a credit account for any Customer it sees as a potential risk.
8. LIMITATIONS OF LIABILITY
Except where expressly contained in this Contract, all warranties, conditions, undertakings and representations, expressed or implied, statutory or otherwise, are excluded and the Company has no obligation, duty or liability in Contract, tort (including negligence or breach of statutory duty) or otherwise. In any event, the Company's liability arising for any reason in connection with this Contract shall be limited to the original invoice value of the Goods.
In no circumstances will the Company be liable in Contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss or damage whatever.
The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.
Each provision of this Condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held unreasonable in any circumstances and shall remain in force not withstanding termination of this Contract.
The Company shall have the right forthwith to terminate this Contract and to claim for any resulting losses or expenses if: - - the Customer commits a breach of this contract and fails to remedy the breach within a reasonable time of a written notice to do so: or - the customer commits any act of bankruptcy or compounds with its creditors; or a petition or receiving order in bankruptcy is presented or made against the Customer; or - a petition for an administration order is presented (otherwise than for reconstruction or amalgamation) or a receiver of administrative receiver or any similar event occurs under the laws of the state where the Customer was incorporated.
10. FORCE MAJEURE
The Company shall not be liable in respect of any breach of this Contract due to any cause beyond its reasonable control including Act of God, inclement weather, flood, lightning or fire, industrial actions or lockouts; the act of omission of Government, highways authorities, or other competent authority, was, military operations or riot; the act of omission of any part for whom the Company is not responsible.
11. PERMISSIONS & CONSENTS
The Customer warrants that any necessary consent have been applied for and granted. The Customer accepts liability for the cost of hire, delivery or materials and labour incurred where any installation is caused to be abandoned or delayed due to lack of planning or other consents
The Customer shall indemnify the Company against all damages, penalties, cost and expenses arising out of any claim by any third party for any infringement or alleged infringement of any third party's industrial or intellectual property rights in any work carried out in accordance with the Customer’s specifications. Copyright in all drawings or tracings prepared by the company are the Company’s property and copyright and must be regarded as confidential. Such drawings or tracings must not be published or disclosed under any circumstances without the Company's permission in writing.
13. THE LAW
English Law resides over disputes from or in connection with this contract and is determined by the Laws of England.
The Company may revise or update The Terms & Conditions at any time.