Terms Conditions
R T QUAIFE ENGINEERING LIMITED
STANDARD CONDITIONS OF SALE
ATTENTION OF BUYERS OUTSIDE ENGLAND IS DRAWN TO THE JURISDICTION CLAUSE 12
|
1 |
DEFINITION | ||
| 1.1 | Buyer | The person who buys or agrees to buy the goods from the Seller. | |
| 1.2 | Conditions | The terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller. | |
| 1.3 | Delivery Date | The date specified by the Seller when Goods are to be delivered. | |
| 1.4 | Delivery Note | The Seller's delivery note despatched with the Goods. | |
| 1.5 | Goods | The articles which the Buyer agrees to buy from the Seller. | |
| 1.6 | Order Acknowledgment | The Seller's Order acknowledgment. | |
| 1.7 | Price | The Price for the goods excluding carriage, packing, insurance and VAT. | |
| 1.8 | Seller | R.T. Quaife Engineering Limited, Vestry Road, Otford, Sevenoaks, Kent, TN14 5EL, England. Registered In England - Number 853415 VAt Number GB209 8904 40 | |
| 2 | Conditions applicable | ||
| 2.1 | These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document. | ||
| 2.2 | All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions. | ||
| 2.3 | Receipt by the Seller of a signed Order Acknowledgement delivery note or acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions. | ||
| 2.4 | Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller. | ||
| 3 | The Price and Payment | ||
| 3.1 | The Price shall be the price stipulated in the Seller's published price list current at the date of the delivery of the goods. Price is exclusive of VAT. | ||
| 3.2 | Payment of the Price and VAT shall be due within 30 days of the date of the invoice issue of the Seller's invoice. | ||
| 3.3 | Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Natwest Bank Plc's base rate from time to time in force and shall accrue at such a rate after as well as before any judgement. | ||
| 3.4 | The Seller reserves the right to suspend or cancel deliveries of any articles or require the full or partial payment of the Price of the Goods prior to delivery or the provision of security for payment by the Buyer in the form acceptable to the Seller. | ||
| 4 | The Goods | ||
| 4.1 | The quantity and description of the Goods shall be as set out in the Seller's Order Acknowledgement or delivery note. | ||
| 4.2 | The Goods shall be manufactured and supplied in accordance with the description contained in the Seller's specification, and which the Seller may from time to time change. | ||
| 5 | Warranties and Liability | ||
| 5.1 | The Seller warrants that the Goods will at the time of delivery correspond to the description given by the Seller except where the Buyer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12) all other warranties, conditions or terms relating to fitness for purpose, satisfactory quality or condition of the Goods and whether implied by statute or common law or otherwise are excluded. In particular the Goods supplied for competition or equivalent shall be deemed to have been recognised as being experimental in nature and their case in competition or equivalent conditions may involve exceptional and unpredictable loadings and the Buyer shall be solely responsible for ensuring the safe use of the Goods in the application intended by the Buyer. | ||
| 5.2 | The Seller shall be under no liability whatsoever, to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller in this Contract. Under no circumstances shall the liability of the Seller exceed the Price of the Goods. | ||
| 5.3 | The Seller shall keep the Buyer fully indemnified against any liability arising by reason of any injury, loss or damage to persons or property caused or contributed to by the negligence of the Seller (except to the extent that the injury, loss or damage is caused by the negligent act or omission of the Buyer). | ||
| 6 | Delivery of the Goods | ||
| 6.1 | Delivery of the Goods shall be made to the Buyer's address on or before the Delivery Date. | ||
| 6.2 | The Seller shall arrange for carriage of the Goods to the Buyers address, unless otherwise agreed by the Seller, when all goods shall then be at the Buyer's risk from the time of collection from the Seller's premises. | ||
| 6.3 | The Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the Goods promptly or at all. | ||
| 6.4 | Notwithstanding that the Seller may have delayed or failed to deliver the Goods promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the Delivery Date. | ||
| 7 | Returned Goods | ||
| 7.1 | A full refund or exchange will be made by the Seller on goods returned provided that | ||
| 7.2 | The Buyer notifies the Seller within 7 days of receipt of goods specifying the reason for the return together with the Delivery note number. | ||
| 7.3 | The goods are received undamaged, unsoiled and where applicable in their original packaging. | ||
| 7.4 | The goods were not bought or made to special order or modified for specific application. | ||
| 7.5 | All costs of returning the goods shall be borne by the Buyer. | ||
| 7.6 | Any credit or refund will be based on the Price and shall be subject to a 20% handling charge of the price. | ||
| 8 | Acceptance of Goods | ||
| 8.1 | If Goods delivered by the Seller are not in accordance with the contract the buyer may reject the Goods. | ||
| 8.2 | The Buyer shall be deemed to have accepted Goods 7 days after delivery to the Buyer. | ||
| 8.3 | After acceptance the Buyer shall not be entitled to reject goods which are not in accordance with the contract. | ||
| 8.4 | The costs of returning the Goods shall be borne by the Buyer. | ||
| 9 | Retention of Property | ||
| 9.1 | The Goods shall be at the Buyer's risk as from delivery. | ||
| 9.2 | In spite of delivery having been made, property in the Goods shall not pass from the seller until: | ||
| 9.3 | The Buyer shall have paid the Price plus VAT in full and | ||
| 9.4 | No other sums whatever shall be due from the Buyer to the Seller. | ||
| 9.5 | Until property in the Goods passes to the Buyer in accordance with clause 8.2, the Buyer shall hold the Goods and each of them on a fiduciary basis as bailee for the Seller. The Buyer shall store the goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller's property. | ||
| 9.6 | Notwithstanding that the Goods (or any of them) remain the property of the Seller, the Buyer may well or use the goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money. | ||
| 9.7 | The Seller shall be entitled to recover the Price (plus VAT insurance, carriage and packing) notwithstanding that property in any of the Goods has not passed from the Seller. | ||
| 9.8 | Until such time as property in the Goods passes from the Seller, the Buyer shall upon request deliver up such of the Goods as have not ceased to be in existence or resold to the Seller. | ||
| 9.9 | If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the goods. On the making of such request the rights of the Buyer under Clause 8,4 shall cease. | ||
| 10 | Remedies of Buyer | ||
| 10.1 | Where the Buyer rejects any Goods then the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such goods or the failure by the Seller to supply Goods which conform to the contract of sale. | ||
| 10.2 | Where the Buyer accepts or has been deemed to have accepted any Goods then the Seller shall have no liability whatever to the Buyer in respect of those Goods. 10.3 The Seller shall not be liable to the Buyer for late delivery or short delivery of the Goods. | ||
| 11 | Intellectual Property | ||
| The specification and designs of the Goods (including the copyright, design right and other intellectual property) shall be the property of the Seller. Where the Buyer supplies any designs or specifications for manufacturer or supply by the Seller then the Buyer warrants that the use of those designs or specifications for the manufacturer processing, assembly and supply of the Goods shall not infringe the rights of any third party. | |||
| 12 | Force Majure | ||
| The Seller shall have no liability in respect of any failure or delay in fulfilling its obligations to the extent that fulfilment is prevented, frustrated impeded and/or delayed as a consequence of al, circumstances or event beyond the Seller's reasonable control. | |||
| 13 | Proper Law of Contract | ||
| This contract is subject to the Law of England and Wales. | |||
26Z EXCLUSIVE DISTRIBUTOR [Read More]
QUAIFE-HOBBS CLINCHES FOURTH IN FORMULA RENAULT [Read More]
Honda coy over Di Grassi & Senna [Read More]
