 |
|
|
|
 |
Standard
Terms and Conditions of Sale |
|
|
|
 |
|
|
|
In these
terms and conditions "the company"
refers to ST Group "the customer"
is the purchaser of goods from ST Group and
the "supplier" refers to any third
party supplying goods or services to ST Group
and whose charges may be passed on to "the
customer".
1. PRICES AND ACCEPTANCE
(a) No quotation made by the company shall
constitute an offer by the company and prices
are quoted for immediate acceptance unless
otherwise stated subject to purchasers credit
being approved and to the goods being unsold
when order is received.
(b) No order will be accepted upon any other
conditions. Any item and conditions preferred
by the customer are hereby excluded.
(c) Where carriage is charged to the company
by any supplier of goods or services the company
reserves the right, without prior notice to
charge the customer with the cost of such
carriage.
2. DELIVERY
Delivery dates are given in good faith by
the company as an indication of the estimated
delivery time but time of delivery is not
of the essence and the company does not accept
any responsibility whatsoever for damage due
to later delivery and any delay in delivery
will not constitute grounds for the cancellation
of any order
3. DEFECTIVE GOODS WARRANTY AND EXCLUSION
OF LIABILITY
In the event of goods or articles sold by
the company proving to be of defective quality
either in materials or manufacture then the
company upon the return of such article or
goods carriage paid to the company's works
together with notice in writing of the alleged
defect or at the company's discretion upon
any inspection on site the company will at
its discretion repair or replace the same.
All transport labour packing costs incurred
in the return of the goods or in delivery
of such replacement shall be paid by the customer
PROVIDED THAT;
(a) (i) The company shall be notified of the
damage of defect within 7 days of the defect
being apparent.
(ii) The company shall be notified of the
loss or non delivery of any goods within 3
days of the date of the advice note or the
invoice whichever shall be the earlier.
(iii) Between the date of the delivery and
receipt by the company of such goods the same
shall at all times have been used with reasonable
care by competent persons there shall have
been no interference with the goods and the
instruction of the manufacturer as to the
use and maintenance of the goods shall have
been adhered to.
(iv) Payment in full has been received for
the goods.
(v) Time is of the essence of this warranty.
(b)(i) The company shall not be liable in
any circumstances whatsoever for the loss
of profits damages (howsoever arising) interest
paid by the customer loss of orders or consequential
loss of any kind whether suffered by the customer
or individual not a part of the contract and
whether arising by reason of fault or damage
or defect or from negligence of the company
its servants or agents prior to the creation
of or during the performance of the contract
except to the extent ( if any) that this paragraph
may be held not to satisfy any requirement
of reasonableness imposed by or other provisions
of the unfair contract terms act 1977 or any
statutory modification of re-enactment therefore.
(ii) The company shall not be liable for any
damage in anything arising from the goods
or defect in them or use made of them whether
negligently or otherwise and whether by the
customer or not or for any loss damage (however
so arising) loss of orders in consequential
loss or otherwise incurred or suffered by
third party under any circumstances and the
customer shall identify the company against
any claim in respect thereof.
(iii) All conditions representations warranties
or undertakings in connection with the goods
whether implied by statute common law custom
or for any reason whatsoever and whether as
to quality condition fitness for purpose or
design workmanship or otherwise whatsoever
are hereby excluded except to the extent (if
any) that this paragraph may be held not to
satisfy any requirement reasonableness imposed
by or other provisions of the unfair contract
terms act 1977 or any statutory modification
or re-enactment or thereof.
4. RISK OR LOSS
The risk or loss or damage to the goods shall
pass to the customer when the goods are delivered
by the company to the customer. Accordingly
it is the responsibility of the customer to
take out insurance cover (including risks
in transit).
5. COMPANY RETENTION OF TITLE
(a) The ownership of the goods shall not pass
to the customer until payment has been made
for them in full and in the meantime the customer
shall store the goods in such a way that they
can be identified with the order which they
were supplied and the customer shall be responsible
for and indemnity the company against all
loss or damage to the goods from whatsoever
cause occurring.
(b) If before payment is made in full for
the goods those goods are incorporated in
or used in articles or goods assembled constructed
or manufactured by the customer the company
shall become part owner of the assembled constructed
or manufactured articles or goods in the proportion
of the costs of the goods supplied under the
order of the total cost of the articles or
the company may as it option detach its goods
if this can be done without damage to the
articles. The company may likewise detach
goods which have been fixed to any premises
missionary or other apparatus.
(c) If before payment in full the customer
shall make any sale of any of the goods(or
of articles in which they are incorporated)
the property in which has not passed to the
customer shall set aside and retain separately
as Trustees for the company absolutely the
sale price received or the approximate share
thereof and until the property in the goods
has passed to the customer in accordance with
these conditions such monies shall not be
withdrawn or charged. The customer furthermore
agrees to take such action steps or proceedings
arising out of any such sale as the company
may consider approximate for the recovery
of any sums due to the customer in respect
of any such sale shall at the customers request
assign the right to receive the proceeds of
sale of the company.
(d) The company is irrevocably authorised
and has the right to enter on reasonable notice
the premises where the goods are situate and
retake possession of and remove goods to which
they have retained title under this clause
and may for that purpose exercise the rights
of detachment conferred herein at the cost
of the customers.
(i) At anytime after the purchase price (or
any part thereof) has become due and has not
been received in full.
(ii) If the purchase price has not been received
in full (whether or not the purchase price
has become due) upon the appointment of a
receiver of the whole or any part of the customers
undertaking or upon the customer entering
into liquidation or upon the customer becoming
(or the company believing on reasonable grounds
has become) insolvent or in the event of a
petition or resolution for winding up the
customer or upon the customer compounding
with its creditors or taking or suffering
any similar actions consequence of debt or
(being an individual) becoming subject to
the bankruptcy laws.
(e) All rights and remedies of the company
under these conditions shall be in addition
to its rights and remedies whether by statute
usage or common law and shall not be affected
by any period of credit afforded to the customer
and without prejudice to the companies retention
of title hereunder it shall be entitled to
maintain an action for the purchase price
for the time being unpaid.
6. PAYMENT
(a) Prices include value added tax at the
rate of 17.5%
(b) Invoice will be paid by the customer prior
to the date of delivery by the company or
by cash on delivery if arranged in advance.
(c) No discount or allowance will be made
unless and to the extent which may be specifically
started in writing by the company.
Any payment received shall be attributed to
the longest outstanding debt.
(d) In the event of the return of any goods
(other than defective goods) which the company
may in its absolute discretion accept a handling
charge of 10% (or such other amount as may
from time to time be charged) will be made
by the company).
7. CONSTRUCTION AND JURISDICTION
Any contract to which these conditions apply
shall be constructed and take effect in all
respects in accordance with and be governed
by English Law. The customers agrees to submit
to the jurisdiction of English sources. |
|
|
|
|
|
|
 |
|
|
|
