General conditions of purchase
ln these Conditions the word 'Company'' shall mean the Seller of the Goods which are the subject of these Conditions or any person authorised to act on the Seller's behalf and the word ''Customer'' shall mean the Buyer of the Goods, or any person authorised to act on the Buyer's behalf.
2. Avoidance of Prior Conditions and Acceptance
No term or condition forming part of any Purchase Order given by the Customer which conflicts with the terms and conditions hereinafter set out shall bind the Company, unless expressly otherwise agreed at or before the time of the Company's quotation to the Customer. The acceptance of any Order by the Company shall be subject to these Conditions, and no Order shall constitute a binding contract until acceptance thereof has been notified to the Customer.
3. Variation of Price
The price stipulated on acceptance of an order is based on the cost of materials, labour, transport and statutory obligations ruling at the date of acceptance and if by the completion of the work, variations, either by rise or fall, shall occur in these costs, then the price shall be amended to provide for these variations. Every endeavour will be made to execute the work at the price acknowledged. The Company reserves the right to alter any of its price lists at any time without notice.
Quotations submitted by the Company shall be valid for a period of one calendar month from the date thereof, unless otherwise specified.
5. Packing and Carriage
Packing and carriage will be charged at cost unless the subject of a prior separate quotation to the Customer.
6. Delivery of goods
a) While every effort will be made to avoid delays, despatch dates quoted are estimates only and cannot be guaranteed. Any shortages in the goods delivered must be notified to the Company within seven days of receipt of the goods. In the absence of such notification, the Company shall not be liable for any such shortage. If the Customer does not receive the goods within 14 days of receipt of the Company's advice note the Customer must notify the Company within 7 days thereafter. In the absence of such notification, the Company will not be responsible for the default in delivery, howsoever caused.
An order placed for scheduled delivery for a period of three months or more may be cancelled by the Customer only with written consent of the Company and with agreement to terms which will indemnify the Company against any expense incurred. The Company may manufacture the goods in batches equal to the total requirement of the order.
7. Cancellation by Customer and Goods returned
Except by prior mutual agreement no Order for goods may be cancelled other than by payment by the Customer of the cost involved in the preparation and manufacture of the goods up to the date of cancellation, plus any cost in converting the item for return to standard stock. Goods may not be returned to the Company for credit without prior agreement in writing. Any credit will be assessed according to the circumstances, but must not be deemed to be 100% of original value. The Company further reserves the right to claim loss of profits on goods returned without prior written agreement.
Goods returned to the Company's works carriage paid within one calendar month of delivery to the buyer and accepted by the Company as defective will be replaced or repaired and liability shall be limited at the company's option to replacement or repair or to a sum not exceeding the net invoice value of the defective goods. Any defects in such goods which are in the opinion of the Company due to misuse by the Customer or by any person having possession of the goods with the Customer’s consent will be rectified by the Company at cost. Unless otherwise expressly agreed, the Company will not in any circumstances be responsible for the cost of any repairs carried out by the Customer or any Third party. Any goods that are returned for whatever reason outside the warranty period as described in clause 12 (or previously agreed by negotiation) will be subject to an evaluation for which a reasonable fee will be charged for the work involved. By returning the items you are agreeing to pay the evaluation charge. This evaluation charge may be waived if you agree to proceed with any quoted repair work which will be advised to the customer after the evaluation has been completed. All repair work will carry a new warranty from the date of delivery equivalent to the term of the original warranty.
9. Requests for Specifications and Drawings
Additional specifications, or special drawings requested by the Customer can be supplied on payment of an extra charge.
10. Test Procedure
Testing and inspection procedures for quality and performance of goods supplied have been established by Drallim Quality Assurance Department. In the event of special requirements by the Customer, checks by visiting inspectors on behalf of the Customer may be made by prior arrangements with the group Quality Manager. The provision of Test Certificates and facilities for additional inspection will be subject to an extra charge.
11. Consequential Losses
The Customer shall have the right to inspect purchased goods before delivery so as to be satisfied of their suitability for the Customer's purpose both as to design, manufacture and materials used. Accordingly no terms or condition, express or to be implied by law pursuant to the Sales of Goods Act 1893 or by any other enactment or otherwise, shall be applicable to the contract nor shall the Company be responsible to the Customer for consequential loss of any kind howsoever caused whether by virtue of any breach of these conditions or any negligent act or omission on the part of any servant or agent of the Company.
12. Exclusion of Warranties
No statement or warranty of any kind whatsoever made at any time by any servant or agent of the Company shall be deemed to form any part of this contract of sale and the Customer hereby expressly agrees that the contract was not induced by any representation of any such servant.