The Sellers reserve the right to adjust the price by an amount corresponding to any increase in costs occurring after the date of this order due to factors outside the control of the Sellers subject to notification in writing being given to the Buyer.
2. TERMS (1)
Unless otherwise agreed our terms of payment are nett monthly account, i.e. payment is due by the end of the month following the month of invoice. The time within which payment is to be made by the Buyer shall be of the essence of the contract. If the agreed contract terms provide for a settlement discount to be granted for payments made by a specific date, then the full invoice amount falls due if payment is not made by that date. Any query on an invoice must be raised within eight days from date of invoice. THE COMPANY WILL NOT ACCEPT DEBIT NOTES UNLESS ACCEPTANCE IS CONFIRMED IN WRITING PRIOR TO ISSUE.
3. TERMS (2)
Numatic reserve the right to change prices, terms and product specifications without notice.
Title to the goods described in this document shall remain with Numatic International Limited until paid for in full.
5. RESTOCKING CHARGE
Any goods ordered by the Buyer and delivered substantially in accordance with the Buyer’s instructions, subsequently returned to the Seller for any reason other than faulty manufacture, will be subject to a restocking charge equal to 15% of the invoice value of the goods, subject to goods being returned in condition despatched, and the responsibility for any costs or charges incurred in the return of such goods to the Seller’s premises will be the Buyer’s.
6. DELIVERY (1)
The Sellers shall use their best endeavours to deliver the goods by the time fixed for delivery but if for any cause other than the wilful default of the Sellers delivery is delayed, the Sellers shall not be responsible for any loss or damage thereby to the Buyer.
7. DELIVERY (2)
Where delivery is fixed by instalment each instalment deliverable under the Contract shall be deemed to be sold under a separate contract. Defective deliveries of one or more instalments shall not entitle the Buyer to repudiate the Contract with regard to any instalments remaining deliverable.
8. DELIVERY COSTS
Unless otherwise stated the price quoted does not include delivery.
9. DELIVERY OF INCORRECT GOODS
The Buyer shall inspect the goods immediately on delivery thereof and shall within 7 days after delivery give notice to the Sellers of any matter or thing by reason whereof he may allege that the goods are not in accordance with the Contract. If the Buyer shall fail to give such notice the goods shall be deemed to be in all respects in accordance with the Contract and the Buyer shall be bound to accept and pay for the same accordingly.
10. FAULTY GOODS
Faulty goods shall not form the subject of any claim for labour costs or other expenditure incurred by the Buyer and the Sellers shall not be responsible for any loss or damage arising out of any such fault.
11. RETURNABLE PACKING
If packages are charged for and are returnable, allowance will only be made of the same when they have been received back by the Sellers in good condition and carriage paid.
12. RETURNED GOODS
Goods and packages returned for any reason must be sent to the Works from which they were despatched.
13. LOSS OR DAMAGE IN TRANSIT
Where the price quoted includes delivery, partial loss or damage in transit must be reported in writing to the carriers (otherwise than upon the carrier’s documents) and to the Sellers within 3 days of receipt of the goods or any portion thereof by the Buyer. In the event of total loss notice must be given in writing to the carriers and to the Sellers – within such time as will enable the Sellers to make a claim against the carriers. If this condition is not complied with, the Buyer will be responsible for any loss or damage in transit.
14. GUARANTEE CLAIMS
Any claims made by the Buyer against the Seller under the Terms and Conditions of the Guarantees must be substantiated to the satisfaction of Numatic International Limited and at the discretion of the Seller, no replacement or credit will be given in respect of a faulty part until sufficient evidence of the validity of the claim has been presented.
15. RETURN OF FAULTY COMPONENTS
Any faulty goods replaced under the Terms and Conditions of the Guarantee must be returned to the Sellers works within 14 days of the replacement part being despatched from the Seller’s premises. Otherwise the replacement part will be deemed to have been purchased and any guarantee claim will be invalidated.
It is the responsibility of the Seller to load vehicles with goods ex our works, but it is the Buyer’s responsibility to offload all equipment at its destination. Any damage sustained in offloading is the responsibility of the Buyer.
The Buyer’s order is not accepted as official until signed by a person authorised for that purpose by the buying company and the contract is not binding until the Seller has officially acknowledged the said order.
18. END OF LIFE OBLIGATIONS
In the event that regulations are introduced at any time with regard to the disposal or recycling of equipment and this is not specifically provided for within the purchase price and shown separately on the invoice, then the responsibility to meet these obligations will clearly rest with the purchaser.
If the Buyers, being a body corporate, shall pass a resolution or suffer an order of the court to be made for winding up or if a receiver shall be appointed or being an individual or firm shall suspend payment propose or enter into a composition or arrangement with his or their creditors or have a receiving order in bankruptcy made against him or them or in either case shall fail to take or call for delivery of or to pay for or provide a security for the price of any goods in accordance with the terms of the contract, then the Seller may without prejudice to any other right and remedies rescind this and every or any other contract with the Buyer and suspend or cancel delivery of any goods thereunder.
20. LEGAL CONTRACT
Every contract between the Sellers and the Buyers which is subject to these conditions is to be construed and take effect as a contract made in England and in accordance with English law and disputes arising therefrom shall be determined in courts of England or shall be referred to a single arbitrator, if mutually agreed, in accordance with the provisions of the Arbitration Act 1950 or any statutory modification or reenactment thereof.
All the above conditions of sale must be considered final unless separate agreement is made in writing regarding any one or all of these conditions.
No goods shall be delivered under this contract, until Section 2 above has been satisfied on all previous contracts with the Buyer.