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IMER
REMAN LTD. TERMS & CONDITIONS OF SALE 1.
ACCEPTANCE OF ORDER Orders
are accepted upon and subject to IMER Reman's Terms & Conditions of sale,
as printed herein. Unless expressly accepted in writing any qualification of these
Conditions by the Buyer in any written or printed document or otherwise shall
be inapplicable. No binding contract shall be created by the acceptance on the
part of the Buyer of a quotation or offer made by the Seller until notice of the
acceptance of the order in writing shall be given by the Seller. We do not accept
cancellation of orders, without prior arrangements. 2.
DELIVERY Any date named by the Seller for despatch or delivery is given
and intended as an estimate only and is not to be of the essence of the contact.
The Buyer shall nevertheless be bound to accept the goods ordered whether on or
after the date stated. The Seller shall not be liable in any way in respect of
late despatch or delivery however caused nor shall such failure to despatch be
deemed to be a breach of the contract. Where drawings, specifications, instructions
and materials are to be supplied the Buyer shall supply the same in reasonable
time to enable the Seller to despatch within the period named. If delivery is
not taken when due the Seller reserves the right to charge storage and other related
costs. 3. SHORTAGES,
DAMAGE, LOSS IN TRANSIT No claim for damage in transit, corrosion, shortage
of delivery or loss of goods will be entertained, unless in the case of damage
in transit, corrosion or shortage of delivery a separate notice in writing is
given to the Carrier concerned and to the Seller within three days of the receipt
of the goods followed by a complete claim in writing within five days of receipt
of goods and in the case of loss of goods separate notice in writing is given
to the Carrier concerned and to the Seller and a complete claim in writing made
within ten days of the date of consignment. Where goods are accepted from the
Carrier concerned without being checked the delivery book of the Carrier concerned
must be signed "Not Examined". The goods in respect of which any such
claim is made shall be preserved intact as delivered for a period of seven days
from notification of the claim within time the Seller shall have the right to
attend at allowance in respect of the claim. 4.
PRICES All prices are subject to VAT at the current rate. 5.
TERMS OF BUSINESS Unless otherwise stated prices quoted are net and payment
is to be made at time of order unless otherwise agreed with IMER -REMAN ltd. 6.
TESTS AND INSPECTION All testing and inspection by the Buyer or implied
by the order as customary to the Sellers practice shall be at the Sellers works,
and shall be final. All fees incurred in connection with testing and inspection
by inspectors nominated by the Buyer will be charged to the buyer's account. 7.
DEFECTIVE GOODS Goods represented by the Buyer to be defective or not to
confirm to contract and returned to and accepted by the Seller as such will replaced
as originally ordered if required and practicable or will be credited but shall
not form the subject of any claim for work done by the Buyer, transport costs,
consequential damage or expenses, loss of profits on or any claim arising through
resale or any other loss damage or expense whatsoever or however incurred. No
claim in respect of defective goods will be valid unless made and the goods alleged
to be defective returned within 60 days of the receipt of the goods nor will such
claim be accepted as a reason for cancellation of the remainder of the order. 8.
WARRANTIES Whilst the Seller will endeavour to execute orders in accordance
therewith, all conditions or warranties including guarantees or warranties as
to the quality or description of the goods or their life or wear or their fitness
for any purpose of their use under any conditions whether known to the Seller
or not and whether expressed or implied by statute common law are hereby excluded. 9.
INFRINGEMENT OR PATENTS OR REGISTERED DESIGNS The Buyer shall indemnify
the Seller against all damages, penalties, costs and expenses, to which the Seller
may become liable as a result of work done in accordance with the Buyers Specification
which involves infringement or alleged infringement of a patent or registered
design or other industrial property rights. 10.
RESERVATION OF OWNERSHIP Until all sums due from the Buyer to the Seller,
whether in relation to this contract for sale or otherwise are paid in full:- a)
Goods hereby agreed to be sold shall remain the property of the seller and shall
be held by the Buyer as bailer of the Seller without charge to them. b) The
Seller may at any time recover such goods from the Buyer if in the Buyer's possession. 11.
DEFAULT IN PAYMENT Should default be made by the Buyer in paying sum due
under any contract as and when it becomes due or should the Buyer be in breach
in any respect of the contract entered into the Seller shall have the right by
written notice posted to the buyer either to suspend all further deliveries, until
the default be made good or to determine any contract then subsisting so far as
any goods remain to be delivered without prejudice to any claim or right the Seller
might otherwise make or exercise. 12.
BUYERS BANKRUPTCY If the Buyer shall make default in or commit any breach
of any of his obligations to the Seller or if any distress or execution shall
be levied upon the Buyer or if the Buyer shall offer to make any arrangements
with the creditors or commit any act of bankruptcy or if any petition in bankruptcy
shall be presented against him or if the Buyer is limited company any resolution
or petition to wind up the company's business (other than for the purposes of
amalgamation or reconstruction) shall be passed or presented the Seller shall
have the right forthwith to determine by written notice posted to the buyer's
last known address any contact then subsisting without prejudice to any claim
or right the Seller might otherwise make or exercise. 13.
EXPORT CLAUSE ONLY Where goods are sold F.O.B. the responsibility of the
Seller ceases immediately the goods are over ships rail, the Seller being under
no obligation to give the Buyer notice as specified in Section 32(3) of the Sale
of Goods Act 1983. 14.
FORCE MAJEURE Should delivery of any goods sold be prevented or delayed
by happenings or occurrences due to "force majeure" or by reason of
mobilisation, hostilities, Act of Queen's enemies, or war (whether declared or
not). Government action departmental instructions or Act of God, riots combination
of workmen, lockout, strikes or disturbances, whether taking place, went of raw
materials, or fuel in consequence of non delivery, or any other causes, went of
railway trucks, accidents, fire, flood, blocking of or accidents to shipping or
railway lines, failure of manufactured through fire, flood, heat, frost, holidays,
breakdowns of or accidents to machinery or any other causes or any circumstances
whatever beyond the Seller's control, the Seller shall not be liable in any way
for loss or damage arising directly or indirectly through or in consequence of
such events or happenings. 15.
ARBITRATION The construction validity and performance of this contract
shall be governed by the Law of England and any question, disputes or difference
which may arise under, out of, or in connection with or in relation to this order
or contact or touching the meaning and construction of the same shall be referred
to the arbitration of a person to be appointed, failing agreement of the parties,
by the President of the Law Society for the time being and the decision of such
arbitration shall be binding on both parties and shall be a submission to arbitration
within the meaning of the Arbitration Act 1950 or any statutory modification thereof
for the time being in force. 16.
EQUIPMENT LOANED Should any equipment be loaned to the Seller, for the
approval of any items, the Buyer shall be responsible for the safekeeping of the
equipment. 17.CORE
SURCHARGE Our exchange unit prices normally include an exchange unit surcharge.
This will be refunded on safe receipt of your old unit. The returned core
item must be accompanied by a copy of your invoice for us to make the refund.
Please note it is the senders responsibility to ensure that the parts are received
so it is important they are sent with a tracked postal service or carrier and
good packaging. |