Terms and Conditions
1. Scope “ These conditions apply to and govern all contracts for the supply of goods by Croft Castings Ltd. (the company) to any other person (the customer) and shall prevail over any inconsistent terms and conditions contained or referred to in the customer's order or in correspondence or elsewhere and any conditions or stipulations to the contrary are hereby excluded and extinguished.
2. Purchase and Acceptance “ By agreeing to order goods on the company website or by written confirmation the customer agrees to buy at the price and in the way described on the website or as confirmed in writing. The company's acceptance of the order is conditional on receipt of payment (as detailed below), the ability of the company to provide the goods and there being no error or innocent misrepresentation by either party. If for any reason the goods cannot be provided within 30 days of the agreed delivery date any payment will be fully refunded.
3. Prices “ Unless otherwise specified in the contract prices shall be those ruling at the time of dispatch and the company reserves the right to revise prices at any time. Unless otherwise stated prices are exclusive of VAT.
4. Payment Terms “Unless specifically stated to the contrary and agreed in writing, payments will be 50% with order and 50% on confirmation of completion of order. Where any goods are delivered to the customer prior to final payment those goods remain the property of the company and may not be incorporated in any materials nor sold on by the customer until payment has been made. The company reserves the right to levy interest on all overdue amounts at the rate of 3% per month on the outstanding balance. An administration fee of £150 will be levied in addition to any court fees incurred in the event of the company having to take legal proceedings to recover overdue accounts.
5. Title to Goods “ Title to goods supplied passes to the customer upon payment of the relevant account and not upon delivery.
6. Delivery “ a) Unless delivered by the company's own transport, delivery shall be deemed to have been effected upon delivery by the company to the carrier named by the customer or other carrier transport to that destination. In cases of prices being quoted ex-works delivery shall be deemed to have been effected upon notification to the customer that the goods are available for collection. b) Delivery dates mentioned on any quotation or acceptance or elsewhere are approximate only and not of contractual affect. Time is not of the essence of the contract so far as regards delivery dates nor shall the company in any event be under any liability to the customer in respect of any delay in delivery. c) In the case of orders involving more than one delivery if default is made in payment on the due date the company shall have the right to suspend all or any further deliveries pending payment or to terminate the contract in its entirety by notice in writing to the customer. d) In the case of sales not involving carriage by sea or air the risk in the goods shall pass to the customer on delivery in accordance with these conditions. As from the time of delivery the company shall not be liable for any loss, damage or deterioration of the goods from whatever cause arising. e) Refusal by the customer to take deliveries at specified times will relieve the company from the obligation to make further deliveries without prejudice to the company's right to recover damages for such refusal.
7. Insurance “ In any case where the customer wishes the company to insure any specific consignment of goods the customer must so advise the company in writing within a reasonable time prior to delivery quoting the full value to be insured and the premium chargeable for such insurance shall be paid by the customer.
8. Customer™s Responsibility “ The customer accepts responsibility for judging the suitability of the goods for the customer's required purpose, and further accepts the notices set out on the company website limiting the company's liability and setting out the general nature of any advice.
9. Applicable Consumer Law “ The goods, any advice, and the presentation of the goods have been prepared in accordance with the law of England and Wales, but the company does not claim that they necessarily accord with the laws of other countries.
10. Infringement of Third Party Rights “ The customer shall indemnify and keep indemnified the company against all damages costs and expenses which may be incurred by and for which the company may become liable as a result of carrying out any work required to be done in accordance with the requirement or specification of the customer involving an infringement of the copyright or rights in a patent or in any other intellectual property of any other person firm or company.
11. Liability “ a) The company shall not be liable for any defects in the quality, nature or condition of the goods to comply with any specification or for any shortage in quantity delivered unless a claim in writing shall have been lodged with the company by the customer within seven days of delivery of the goods. b) in the event of any defect, failure or shortage as aforesaid which is duly notified to the company in accordance with this condition the company shall replace free of charge any goods found to be defective by reason of faulty material or workmanship provided, that as a condition thereof the company may require that the goods or materials concerned are returned to the company's works carriage paid within one month of the defect and the company shall make good any such shortage. c) subject to the foregoing all conditions and warranties implied by statute common law or otherwise as to the quality or fitness for purpose of the goods are excluded. Furthermore the company shall be under no liability to the customer for any loss, damage or injury direct or indirect resulting from the defective material, faulty workmanship or otherwise howsoever arising out of the contract and whether or not caused by the negligence of the company it's servants or agents.
12. Force Majeure “ The company shall not be liable for any loss or damage which may be suffered by the customer as a direct or indirect result of the company delaying in or being prevented from carrying out its obligations under the contract by reason of an act of God, riot, strike, lock-outs, trade disputes, or labour disturbances, accident, breakdown of plant or machinery, fire, flood, difficulty in obtaining workmen or materials or transport or other circumstances whatsoever outside the control of the company.
14. Third Party Goods “ Where any goods ordered or purchased on the company website are stated as being provided by a third party the customer accepts that the company makes no claims for the accuracy or efficacy of statements relating to the goods.
15. Personal Details “ The customer acknowledges that the company may retain and use the customer's details provided with any order in accordance with its Privacy Policy shown on the company website except where the customer has indicated otherwise. The company confirms that it will pass these details to other parties to the extent required to perform this contract or in accordance with its Privacy Policy, and not contrary to the customer's express prohibition.
16. Termination “ If the customer enters into a deed of arrangement or compounds with his creditors or if a receiving order is made against him or (being a company) shall pass a resolution or the court shall make an order that the customer shall be wound up or (otherwise than for the purposes of amalgamation or reconstruction) or if a receiver shall be appointed of any of the assets or undertaking of the customer or if circumstances shall arise which entitle the court or a creditor to appoint a receiver or manager which entitle the court to make a winding up order or if the customer takes or suffers any similar action in consequence of debt or commits any breach of the contract the company may stop any goods in transit and suspend further deliveries and by notice in writing to the customer may forthwith terminate the contract without prejudice to any existing claim.
17. Waiver “ The failure on the part of either party to the contract to exercise or enforce any rights conferred by the contract shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at anytime or times thereafter.
18. Notices “Any notice required to be given hereunder in writing shall be deemed to have been duly given if sent by pre-paid first class post, fax, email or addressed to the party concerned at its principal place of business or last known address.
19. Governing Law and Arbitration “ The contract shall be governed by and construed and interpreted in accordance with the laws of England.