CONDITIONS OF SALE
All contracts made by the Company shall be deemed to incorporate these terms and conditions; no variations or additions to them shall form part of any Contract unless specifically accepted by the Company in writing and they shall override and take the place of any other terms and conditions in any document or other communication used by the Buyer in concluding the Contract with the company.
The price for the goods shall be the Company’s price ruling at the date of dispatch.
If any sum owed by the Buyer to the Company should be overdue for payment the Company may withhold any goods due for dispatch to the Buyer under any Contract without prejudice to the Company’s rights and the Buyer’s liability under such Contract.
Notwithstanding delivery, title to the goods shall not pass until payment in full has been received by TYM Seals & Gaskets Ltd.
Payment terms are net cash 30 days from date of dispatch.
The time quoted for all delivery goods shall not be of the essence of the Contract and the Company shall not be liable for any loss, injury, damage or expense consequent upon any delay in delivery of goods.
Should the Company be delayed in or prevented from making delivery of the goods due to war, strikes, lockouts, fire, flood, explosions, labour disturbances, trade disputes or shortages of raw materials or due to any other cause whatsoever beyond the control of the Company, the Company shall be at liberty to cancel or suspend the order without incurring any liability for any loss or damage arising therefrom.
The Company shall not be liable for any damage or shortage in the goods unless the Buyer notifies the Company within 48 hours of the time of delivery of goods.
The Company cannot guarantee to deliver the exact quantity of goods which the Buyer orders and deliveries are subject to a variation of plus or minus not more than 10 per cent of the amount ordered by the Buyer.
No condition or warranty expressed or implied whether by statute or otherwise is given that the goods are suitable for any particular purpose whether or not the same be known to us and no guarantee condition or warranty is given as to the life and wear of the goods. Samples are intended and understood to be type samples only and description to be only approximate and in no case is the Buyer entitled to reject the goods by reason of any difference in quality or of any defect.
Complaints or claims will be entertained but without prejudice to the Company’s rights only if lodged by the Buyer within 14 days of receipt of the goods by him/her of the due date for delivery. The return of goods will not be accepted unless the Company or his representative shall first have had the opportunity of examining the same.
The Buyer shall not rely upon representation concerning any goods supplied unless the same shall have been made by the Company in writing
No claim can be allowed by the Company when the Goods supplied have been amended or converted by the Buyer and the Buyer will indemnify the Company in respect of any claim by a third party for loss or damage resulting as aforesaid.
These conditions shall be constructed in accordance with and governed by English Law.