1st January 2003
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
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 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.
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.
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.
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.
These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of England.