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1st January 2003
Definitions
1. 'The company' means Fibrefusion Limited
2. 'The customer' means the organisation or individual that has ordered
the goods or services from Fibrefusion Limited
3. 'The contract' means any contract for the sale of goods or services
by the company to the customer
4. 'The goods' means any goods forming the subject of this contract, including
parts and components
Quotation
Company quotations, unless otherwise stated in writing, shall be open
for acceptance for 30 days from the date of the quotation.
Existence
of contract
No contract shall come into existence until the customer's order (however
given) is accepted by the earliest of the following;
1. The company's written acceptance
2. Delivery of the goods
3. The company's invoice
These conditions shall be incorporated in the contract, to the exclusion
of any terms or conditions stipulated or referred to by the customer.
No amendments to this contract shall be binding on the company unless
confirmed by the company in writing.
Prices
Prices are ex-factory unless otherwise stated, and exclude taxes or duties,
unless otherwise stated. Prices invoiced are calculated in respect of
quantity of goods actually delivered, irrespective of the quantities shown
in the quotation.
Payment
All invoices are payable, without discount, within 30 days of shipment
to the customer. In no circumstances shall the customer be entitled to
make deduction or withhold payment for any reason. Time for payment shall
be the essence of the contract. Without prejudice to any other rights
of the company, if a customer fails to pay the invoice price by the due
date, the customer shall not be allowed any special discount offered in
that invoice and shall pay interest on any overdue amounts from the date
on which the payment was due to that on which it was made, on a daily
basis of 2.5% per month.
Title
1. Not withstanding the earlier passing of risk, title in the goods shall
remain with the company and shall not pass to the customer until the amount
due under the invoice for them has been paid in full.
2. Until title passes, the customer shall hold the goods as bailee for
the company and shall store or mark them so that they can at all times
be identified as the property of the company.
3. The company shall be entitled at any time before title passes to repossess
and dismantle (without being liable for any damage caused by such) and
use or sell all or any of the goods and so terminate (without any liability
to the customer) the customer's right to use, sell or otherwise deal and
for that purpose of determining what, if any, goods are held by the customer,
and inspecting them, to enter the premises of the customer.
4. Until title passes, the entire proceeds of sale of the goods shall
be held in trust for the company and shall not be mingled with other monies
into any overdrawn bank account and shall be at all times identifiable
as the company's money.
5. The company shall be entitled to maintain an action for the price of
the goods, notwithstanding that title in them has not been passed to the
customer.
Amended
or cancelled orders
Upon receipt of a confirmed order, any subsequent change or cancellation
by the customer prior to delivery may result in a surcharge of up to the
total value of the order value.
Claims,
notification, guarantees
Any claim for non delivery, short delivery or damaged goods shall be notified
in writing by the customer to the company within seven days of the company's
invoice. Any claim must be in writing and contain full details of the
damage or missing goods. Any proof of delivery must be requested within
seven days of the company's invoice. If the company receives no written
request within this time, payment must not be withheld in any way. Products
are sold with the benefit of and subject to the company's standard guarantee
and warranty terms.
General
The company may, at its discretion, suspend or terminate the supply of
goods if the customer fails to make payment when and as due or otherwise
defaults in any of its obligations under the contract or any other agreement
with the company.
Law
These conditions and all other express terms of the contract shall be
governed and construed in accordance with the laws of England.
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