Stainless Metalcraft | Terms and conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Metalcraft Ltd. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Disclaimer

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Termination of Agreements and Refunds Policy

Both the Client and ourselves have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be refunded.

Availability

Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies

Like most interactive web sites this Company’s website [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this web site are trade marked.

Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

This company is registered in England and Wales, Chatteris Business Park, Chatteris, Cambridgeshire, PE16 SA Registered No 3318710

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of England and Wales govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Conditions of Purchase

1. GENERAL

The Company agrees to purchase the goods shown on the Company’s order under the Terms and Conditions hereinafter set out, and upon no other terms or conditions whatsoever. Notwithstanding anything contained to the contrary in any document issued by the Contractor the Company does not agree to and shall not by virtue or any fact or matter whatsoever be deemed to agree to any term or condition contained in such document save insofar as its effect is identical with the effect of the Company’s order and or Conditions of Purchase or some part or parts thereof. The issue by the Contractor of an acknowledgement howsoever worded of the Company’s order of the taking of any step by the Contractor in the execution of the Company’s order shall, notwithstanding anything contained to the contrary in such acknowledgement, or in any other document issued by the Contractor be deemed to be an acceptance by the Contractor of the Company’s Conditions of Purchase. No variation of any contract between the Company and the Contractor shall be of any effect whatsoever unless and save insofar as it is put into writing and signed on behalf of the Company.

2. THE COMPANY’S ORDERS

The Company shall incur no liability whatsoever as a result of any orders purporting to be placed by the Company which is not placed on the Company’s official order form.

3. MISREPRESENTATION AND DEFECTS

The Company shall be entitled to reject the whole or any part of goods and or to cancel the contract at any time, notwithstanding any opportunity for examination or any period of time, howsoever long which have elapsed since delivery of the goods if it shall be discovered (a) that the Company was induced to order the goods by any misrepresentation made by or on behalf of the Contractor, whether innocent or fraudulent, and whether as to a matter of fact or law or both, or (b) that the goods or any part thereof when delivered were not precisely as ordered by the Company or suffered from any defect, howsoever caused and of whatsoever nature. Upon such rejection or cancellation, the Contractor shall indemnify the Company against any loss or damage suffered by the Company as a result thereof.

4. INDEMNITY

The Contractor shall indemnify the Company against:

(1) Any liability, of any kind whatsoever and whether direct or consequential, which may be incurred by the Company in respect of any infringement of patent or other rights as a result of any act or omission of the Contractor of His servants or agents or sub-contractors, and any loss or damage whatsoever which the Company may suffer as a result of such infringement, and

(2) Any liability which the Company may incur as a result of any breach by the Contractor of is contract with the Company towards its customers to whom it may resell or agree to resell the goods.

5. ADVICE NOTES

These should quote the number and date of the Company’s order and should be sent to Chatteris Engineering Works, Chatteris, Cambs.

6. TIME OF DELIVERY

It shall be of the essence of the contract between the Company and the Contractor that the goods should be delivered before or at the agreed time, if the goods are not so delivered the Company may reject the whole or any part thereof.

7. SUB-CONTRACTING

Unless otherwise agreed in writing on behalf of the Company work to be performed under the contract between the Company and the Contractor may not be sub-contracted. Page 2 of 3 Form ref: PCF018 Rev 1

8. PACKING CASES AND MATERIALS

All necessary packing cases and materials used in packing shall be supplied free of charge by the Contractor, if so desired they will be returned by the Company at the Contractor’s expense, but the Company shall incur no liability in the event of their being lost or damaged in transit.

9. CANCELLATION

The Company shall be entitled at any time prior to accepting the goods to cancel the contract in respect of the whole or any part of the goods: the Company’s liability in the event of such cancellation shall be limited to the payment of any expenses reasonably incurred by the Contractor in the execution of the Company’s order prior to the time of cancellation.

10. DELIVERY

Unless otherwise agreed in writing the goods shall be delivered to the Company’s premises at Chatteris Engineering Works, Chatteris, Cambs., and the price quoted by the Contractor shall include cost of such delivery. The goods shall be at the Contractor’s risk until accepted on behalf of the Company.

11. INVOICES

A separately priced invoice quoting the number and date of the Company’s order should be submitted to the Company at Chatteris Engineering Works, Chatteris, Cambs. in respect of each order and each delivery.

12. COMPANY’S PROPERTY

The Contractor shall indemnify the Company against any loss of or damage to (howsoever caused and whether due to the fault of the contractor or not) all free issue material and other property of the Company held by the Contractor any Sub-contractor. Patterns, tools, dies or other equipment manufactured or acquired by the Contractor for the purpose of carrying out any order of the Company shall be the property of the Company. The Contractor shall not use or permit to be used any such equipment or any equipment supplied by the Company for any purpose other than the carrying out of the Company’s orders. On the request of the Company any of its property in the possession of the Contractor shall be immediately returned to the Company at the Contractor’s expense.

13. SERVICE AND ADDITIONAL WORK

Any service or inspection work found to be necessary by the Contractor shall only be carried out upon receipt of an order for the same except in an emergency when the work shall be carried out upon the conditions herein contained and upon no other terms and conditions whatsoever.

14. DRAWINGS AND SPECIFICATIONS

The Contract shall bear the cost of preparing and supplying any drawings or specifications provided by the Company.

15. APPLICABLE LAW AND DISPUTES

Any contract between the Company and the Contractor shall be construed and have effect according to English Law and any question or dispute arising from such contract shall be determined by the English Courts and according to English Law.

16. HOLD POINT/WITNESS POINT & RIGHTS OF ACCESS

The supplier shall:

Allow the Metalcraft representative, their customer and third party inspection personnel the right of access to the applicable areas of all facilities, at any level of the supply chain involved in the purchase order/contract and to all applicable records to perform surveillance activities and the review of hold/witness points.
Provide the Metalcraft SPOC (See 17) with a minimum of 10 working days’ notice in writing prior to reaching a hold/witness point.

NOTE: Metalcraft will advise the supplier of the hold/witness points required for both customers and Metalcraft to be applied during manufacture.

17. Metalcraft single point of contact (SPOC)

The supplier shall:

Ensure that initial communication is established with the Metalcraft SPOC as stated in the Metalcraft request for quotation or purchase order/contract related to the stated Metalcraft business unit.

NOTE: The Metalcraft SPOC may provide the supplier with additional points of contract within Metalcraft to coordinate activities related to the provision of additional information, clarifications, authorisations, and approval of documentations etc.

Conditions of purchase

SPECIAL CONDITIONS

TABLE 1

Certification and Inspection Requirements

Class Requirement

1. a) Metalcraft Quality Assurance Department and all other inspecting Authorities referred to on the

Metalcraft Purchase Order shall have the right:

i) to inspect all material at Supplier’s Works

ii) to select and mark all test sample(s)

iii) to witness all specified tests.

b) An Inspecting Authority may give notice in writing waiving its rights in whole or part. A waive notice given by one Inspecting Authority shall not be interpreted as applying to any other Inspecting Authority.

c) All certificates provided shall, without doubt, be identifiable to the material supplied.

2. a) Only mill certificates which can, without doubt, be related to the material offered will be accepted as valid certification. Xerox copies of mill certificates will be accepted as being of equal standing to the originals.

b) Stockist’s certificates or any other transcripts of results from valid certification are not accepted. In such cases, or where there is doubt relating to the validity of the certification offered, the Supplier shall arrange for the material components to be tested to the requirements of this Purchase Order, in these cases the procedure set out for certification inspection for Class A shall apply.

c) This Purchase Order will define any requirement for inspection at Suppliers Works.

3. a) This classification relates to material which Metalcraft will accept on the basis of normal contractual obligations between purchase and vendor, irrespective of any requirements for test set down in the National Standard by which the material is described no certification of the results of such tests is required by Metalcraft.

b) This Purchase Order will define any requirement for inspection at Suppliers Works.

TABLE 2

Test Requirements

Code Requirement

1. Tests differing from those defined in the standard specified - the specific requirements are overleaf.

2. All tests other than those defined as optional or supplementary in the standard specified.

3. Chemical analysis and mechanical property tests as defined in the standard specified.

4. Chemical analysis only as defined in the standard specified.

INSPECTION CODE

Figure 1 comes from table 1

Figure 2 comes from table 2

EXAMPLE OF INSPECTION CODE

Inspection Code 22 means Certification and Inspection requirements to Class 2, and Test requirements to Code 2.

Conditions of Sale

General Conditions

1. This Quotation constitutes an offer by the Company to supply the goods shown overleaf and/or to perform the work specified overleaf as the case may be upon the Company’s Conditions of Sale, which are set out below, a copy of which is attached hereto, and no other terms or conditions whatsoever.

2. If the customer wishes any of the Company’s Conditions of Sale to be modified in/or excluded from the contract between himself and the Company, or if he wishes any other terms or conditions to be included in the sale contract, he should, before placing his order, specify in writing to the Company such terms or conditions as he wishes to be modified or excluded or included as the case may be.

3. Save for any terms or conditions which shall have been so specified in writing and which the Company shall, before any order is placed by the Customer, have agreed in writing to modify or exclude or include as the case may be, such order shall, howsoever worded and not withstanding anything therein contained to the contrary, be deemed to be an acceptance of this Quotation upon the Company’s Condition of Sale and any term or condition contained in such order shall be of no effect whatsoever save insofar as its effect is identical with the effect of the Company’s Quotation and/or Conditions of Sale or some part or parts thereof.

4. In particular, but without prejudice to the generality of the preceding clause save insofar as the Company shall, prior to any order being placed by the customer, have otherwise agreed in writing, a clause in such order, howsoever worded shall be of no effect whatsoever which supports to state:

a) that such order is an offer and not an acceptance of an offer; or

b) that such order is an offer which can only be accepted in some particular manner or subject to any particular terms or conditions : or c) that such order must if it is to have effect be acknowledged within any time or d) that the execution by the Company of such order shall be deemed to be an acceptance by the Company of such order shall be deemed to be an acceptance by the Company of any particular terms or conditions.

5. No variation of any contract between the Company and the Customer shall be of any effect whatsoever unless and save insofar as it has been put into writing and signed on behalf of the company.

CONDITIONS OF SALE

1. DURATION OF QUOTATIONS.

Quotations remain valid for acceptance until 30 days from the date thereof.

2. PRICES

(1) The Company reserves the right to vary the quoted price

(a) to conform to the price of the Company’s price for similar goods ruling at the date of despatch.

(b) to take account of changes in labour, material or any other costs between quotation and delivery.

(d) to take account of a temporary suspension of the work on the instruction of the customer or his duly authorised agent.

(e) to take account of the work arising out of the customers failure or that of the Customers other suppliers, contractors or subcontractors to provide that materials or services required for the Company’s work or to executive properly any associated works not the direct responsibility of the Company.

(f) If any overtime is worked at the customers request or that of the Customers duly authorised agent. A certificate issued by the Company’s Accounts stating that by reason of any of the matters referred to in (a) to (f) above an alteration to the quoted price as necessary and specifying what in their opinion is a reasonable addition to or deduction from the quoted price by reason of such matters shall be conclusive evidence as between the Company and the Customer of its aforesaid contents.

(2) Unless otherwise expressly stated in the Company’s Quotation or in the absence of a Quotation, in the Acknowledgement of Order, all prices quoted are strictly nett for delivery Ex Works.

3. DELIVERY

(1) Unless otherwise agreed between the Company and Customer, all goods must be collected at and transported from the Company’s factory by the Customer.

(2) If after 21 days have elapsed from notification by the Company that the goods are ready for collection the Customer has not collected such goods, the Company may at its option but shall not be bound to deliver the same to the Customer’s address and charge the Customer with the costs of transports. After such period has elapsed the Company shall be entitled to make such charges as may be reasonable for the storage of the goods for so long as the goods are stored by the Company

(3) If within 3 months of such notification the Customer has not collected the goods, such default shall be deemed to be repudiation of the contract, and thereupon the Company shall be entitled to recover damages for non-acceptance. (4) Whilst the Company will do its utmost to keep to promised delivery dates, these are approximate only and cannot be guaranteed. The Company shall not incur any liability for loss or damage of any kind whatsoever resulting from delay, arising from any cause whatsoever including the negligence of the Company or its servants or agents, in completion of work or delivery of goods: not shall any such delay entitle the Customer to cancel any order or to refuse to accept delivery.

4. PAYMENT

(1) Unless otherwise stated on the Company’s quotation, or in the absence of a quotation or the Acknowledgement of Order, payment for all goods or work shown on any invoice shall be made by the end of the month following which such invoice is presented to the Customer.

(2) If payment is not made within the time aforesaid and there are goods still to be delivered under the contract, the Company shall be entitled forthwith to cancel the contract insofar as it relates to such other goods and if the Customer defaults in payment under any one contract, the Company shall be entitled forthwith to cancel any other contract which exists between the Company and the Customer.

5. LIMITATION OF LIABILITY

(1) If within one month of delivery and/or completion, the goods supply by the Company are found upon examination or test by the Customer to be defective, then provided that notice of the defect is given in writing to the Company by the Customer within the period of six weeks from (a) the date of completion or delivery, whichever is the later and (b) the goods are returned to the Company carriage paid and (c) upon examination by the Company the defect is found to be due to defective material (other than 2 the materials supply by the Customer) and/or to poor workmanship the Company will at its option either repair or replace the defective goods or work free of charge.

(2) Save as is hereinabove provided the Company shall incur no liability whatsoever in respect of any injury, loss or damage whatsoever arising in any way whatsoever from any act or omission whether negligent or not on the part of the Company or its servants or agents or from any defect whether or not caused by the negligence of the Company or its servants or agents in goods supplied and/or work performed by the Company.

6. PASSING OF PROPERTY

(1) Every article to be supply by the Company to the Customer shall remain the property of the Company for so long as there remains unpaid (for any reason whatsoever) the whole or any part of (a) the price of that article and (b) the price any other goods or work supply or done by the Company for the Customer before the article has been paid for in full.

(2) Where any article is supply by the Company to the Customer but remains the property of the Company by virtue of (1) above, the Company will not object to the Customer selling the same in the ordinary cause of the Customer’s business but the proceeds of any such sale shall belong to the Company for the remainder of the period mentioned in (1) above.

(3) Every article supply by the Company to the Customer shall remain the property of the Company as provided in (1) above notwithstanding and alteration thereof and notwithstanding that it may be mixed with or become a constituent part of any other object. If the Customer sells any such other object to a third party such part of the proceeds of sale thereof as is fairly attributable to the article supply by the Company shall belong to the Company for the remainder of the period mentioned in (1) above.

(4) Nothing in the conditions shall authorise the Customer to create a contractual relationship between the Company and any third party.

(5) If any material belonging to the Customer is to be incorporated into any article to be supply by the Company to the Customer, such material shall upon such incorporation become the property of the Company and the provisions of this condition shall apply to that article.

(6) If (5) above does not apply but any material belonging to the Customer is to be worked upon by the Company (a) the Company shall be entitled to require payment of the price of such work and any other sum which may be be due to the Company for work done or goods supply to the Customer before releasing that material to erecting or installing it in or upon any premises, site or vessel for the Customer, (b) if the Company releases or erects or installs such material without having received payment of the price us such work, the material shall in consideration thereof become the property of the Company, the provisions of this condition shall thereafter apply to that material and the reference in (1) above to the price of an article shall include the price of the work done by the Company on the material, (c) if before such material is released or erected or installed the Customer fails, within 28 days after notice in writing given by the Company, to pay the price of the work done or the material and any other sum which may at the date of the notice be due to the Company from the Customer, the Company shall be entitled to sell the material and to apply the net proceeds of sale in or towards satisfaction of the Customer’s indebtedness to the Company.

(7) If any article supply by the Company or any material of the Customer worked upon by the Company is to be erected or installed anywhere by the Company, the provision of these conditions shall apply to that article or material notwithstanding the erection or installation thereof and the reference in (1) above to the price of the article shall include any sum payable to the Company for delivery and/or erection or installation.

(8) Where any article or material becomes and/or remains the property of the Company by virtue of any of the provisions of these conditions and is in or upon any premises, site or vessel owned by the Customer or of which the Customer has possession or to which the Customer has access the Company shall be entitled immediately after given notice of its intentions to do so to enter upon such premises, site or vessel with such transport as may be necessary and to repossess that article or material if that article or material has been mixed with or become a constituent part of any other object the Company shall be entitled to detach it from such other object.

(9) At all time during which any article or material is the property of the Company by virtue of any of the provisions of these conditions to the Customer shall ensure that the article or material is clearly marked so as to show that it is the Company’s property. The Customer shall so ensure notwithstanding the fact that the article or material may have been mixed with or become a constituent part of any other object or that it may have been erected or installed elsewhere.

(10) If the Customer sells to a third party under (2) above any article or material to which this condition applies the Customer agrees that so long as there remains outstanding (a) any sum payable by the third party to the Customer in respect of that article or material and (b) any sum payable by the Customer to the Company in respect of that article or material the Company shall be entitled to take legal proceedings in the name and at the expense of the Customer against the third party for the recovery of the sum referred to in (a) and to apply any sum recovered in such proceedings less any legal and/or other expenses properly incurred in connection with the proceedings in or towards satisfaction of the Customer’s indebtedness to the Company.

7. RISK

(1) Any property of the Customer in transit shall be at the Customer’s risk and the Company shall incur no liability in respect of the loss or destruction of or damage to the same arising from any cause whatsoever including the negligence of the Company or its servants or agents.

(2) Any material, equipment or other property of the Customer which is held by the Company for any purpose shall be so held at the Customer’s risk and the Company shall incur no liability in respect of the loss or destruction of or damage to the same arising from any cause whatsoever, including the negligence of the Company or its servants or agents.

(3) Every article to be supply by the Company to the Customer shall, notwithstanding that it remains the property of the Company by virtue of conditions 6, nevertheless be at the risk of the Customer from the earlier of (a) the time when it is delivered to the Customer or erected or installed by the Company in or upon any premises, site or vessel or (b) the time when the Customer is notified that it is ready for collection. Thereafter the Customer shall be solely responsible for insuring the article against fire, theft and other hazards and shall remain liable for the price of the article including (if appropriate) the cost of delivery and/or erection or installation notwithstanding the loss or destruction thereof of any damage therein arising from any cause whatsoever including the negligence of the Company or its servants or agents.

(4) Any material which becomes the property of the Company under condition (6)(6)(b) shall nevertheless be at the risk of the Customer who shall remain liable for the price of the work done thereon, notwithstanding the loss or destruction thereof or any damage thereto arising from any cause whatsoever including the negligence of the company or its servants or agents.

(5) Where any materials, apparatus equipment or other property of the Company is delivered to any premises, site or vessel at which the Company has agreed with the Customer to perform any work, the Customer shall be solely responsible for insuring 3 the same against fire, theft and any other hazards and shall indemnify the Company against the loss or destruction thereof or any damage thereto arising from any cause whatsoever including the negligence of the Company or its servants or agents.

8. CANCELLATION

(1) Orders once placed may only be cancelled with the consent in writing of the Company: the Company reserves the right to refuse such consent without giving any reason for such refusal and under no circumstances can a cancellation be accepted where (a) the Customer has been notified that the goods are ready for collection. or (b) the Customer has taken delivery of goods.

(2) Where an order is cancelled with the consent of the Company the Customer shall be liable to pay the Company all expenses actually incurred by the Company in the execution of the order up to the time when the Company’s consent in writing is given.

9. SERVICE

Any service or inspection work carried out voluntarily or at the Customer’s request will be accepted and/or carried out upon the conditions herein contained and upon no other terms or conditions whatsoever.

10. ADDITIONAL GOODS AND WORK

If at the request of the Customer the Company supplies any additional goods and/or performs any additional work the same will only be supplied and/or performed on these conditions and upon no other terms or conditions whatsoever.

11. PACKING

All packing cases, pallets and materials used in packing the goods will be charged in full in addition to the quoted price for the goods but will be credited in full provided that they are returned carriage paid and in good condition to the Company’s factory within one month of the date of which the Customer receives the goods.

12. SUB-CONTRACTING

The Company reserves the right to sub-contract any part of the work to be performed in executing the Customer’s order.

13. INDEMNITY

Where the Company designs or manufacturers any goods for the Customer, the Customer shall indemnify the Company in full against any liability, whether direct or consequential, arising from the infringement of any patent or manufacturing rights or any other rights of any kind whatsoever and against any loss or damage of any kind whatsoever including the payment of legal or other costs which the Company may suffer as a result of such infringement.

14. DRAWINGS AND SPECIFICATIONS

Where the Company manufacturers goods in accordance with any sample or specification or any other directions provided by the Customer, the Company reserves the right to demand detailed or more detailed drawings and/or specifications and/or directions and in default of the same being provided to cancel the contract, whrerupon the Customer shall be liable to pay to the Company in full all expenses actually incurred by the Company prior to the time of cancellation.

15. CUSTOMER’S INSOLVENCY

If the Customer commits an act of bankruptcy or becomes insolvent or makes any composition or arrangement with his creditors or (if a Company) is placed in liquidation or suffer receiver to be appointed, the Company shall be entitled forthwith without notice and without prejudice to any other rights which it may have, to terminate any contract which it may have with the Customer, the Customer shall thereupon reimburse the Company any loss which the Company may suffer as a result of reselling the goods elsewhere.

16. APPLICABLE LAW AND DISPUTES

Any contract between the Company and Customer shall be construed and have effect in accordance with English Law and any question or matter of dispute arising from such contract shall be determined by the English Courts and according to English Law.

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Terms and Conditions