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Terms
& Conditions of Sale
Formation
of Contract
All
contracts of sale made by "The Company" shall be deemed to incorporate
these conditions to the exclusion of any other terms and conditions in any
document or other communication used by the customer in concluding the contract
with "The Company". All
contracts are personal to the customer and may not be assigned.
Quotation
No
quotation of "The Company" shall constitute an offer and all
quotations may be withdrawn at any time.
Property
of Goods
Until
the contract price shall have been paid in full, the Goods shall remain the
property of "The Company".
Delivery
Transfer of Property and Risk
While
we make every effort to deliver at the date and time indicated we shall be under
no liability in respect of failure to deliver or late delivery of Goods
resulting from any cause beyond our control.
Goods
shall remain in "The Company's" ownership until the full purchase
price thereof has been Paid.
Force
Majeure
"The
Company" shall, without prejudice to any other provisions hereof, be
entitled to cancel or rescind any contract without liability for loss or damage
resulting there from if the performance of its obligations under the contract is
in any way adversely affected for any reason whatsoever not within "The
Company's" control.
Order
Any
conditions or stipulations in or attached to the Buyer's form of order which are
inconsistent with the Company's quotation and terms and condition of sale or
which purport to add them or modify them in any way whatsoever shall have no
effect unless expressly accepted by the Company. In the absence of such acceptance by the Company the Buyer
shall be deemed to have withdrawn or waived his conditions or stipulations and
to contract solely on the basis of and under the terms and conditions of the
Company's quotation.
Price
& Payment
The
price quoted on the face herein is ex the Company's warehouse or factory and
invoices to Companies are due for payment before delivery unless otherwise
agreed. Charges for delivery will
be made on the invoice. All orders are accepted for execution at prices ruling
at the date of dispatch of Goods.
Payment
General
The
Buyer shall pay the total price prior to delivery of the Goods to him unless
otherwise agreed.
The
Company shall at its discretion (without prejudice to its rights to treat the
contract as repudiated and claim damages) be entitled to withhold despatches
and/or delivery of the Goods until all monies owing to it by the Buyer shall be
paid in full unless special terms of payment are agreed by the Company.
No
special terms of payment will be operative unless confirmed in writing by a
Director of the Company.
Discount
/ Special Offers
The
Company may at its own discretion offer Goods or services at a discount or put
forwards some special offer depending on quantities ordered.
Warranty
The
Company undertakes to replace free of charge any part or parts of the Goods
developing defects through faulty workmanship or materials within a period of 4
weeks from the date of delivery, provided always that in respect of any and all
parts not of the Company's manufacture the buyer shall be entitled only to such
warranty or warranties which the Company shall have received from the supplier
or suppliers of such parts in respect thereof, but not so as to impose on the
Company in respect of such parts a liability greater than that imposed on us by
the preceding sentence hereof. Goods
must be returned to our Works Carriage Paid.
The provisions of this clause are in lieu of any implied conditions or
warranties. (whether statutory or
otherwise) which are hereby expressly excluded and extinguished.
The
company shall not be liable either in contract or in tort for any loss or damage
suffered by the buyer or any other reason in connection with the Goods or their
use, and shall not be liable for incidental or consequential damages.
Damage
or Loss in Transit
Packing
of Goods shall be examined by the buyer on receipt and notification of damage
shall be sent in writing both to the Company and the carrier within 3 days of
receipt. In the case of loss in transit or delay in delivery notification in
writing shall be sent to the Company and the carrier by the buyer within 14 days
of the date of the advice note. "Unexamined"
signatures do not relieve the buyer of this liability and the Company shall not
be responsible for any claim if the Buyer fails to comply with the provision of
this clause.
ANR International Ltd
Property,
unless otherwise stated in the company's quotation, the property in the goods
Notice
All
notices require to be given to the Company shall be given in writing addressed
to the Company's registered offices.
English
Law
The
quotation, the offer, if any, the acceptance, if any, and resulting contract
shall be construed and the relationship between parties determined in accordance
with the laws of England and shall be subject to the jurisdiction of the English
courts.
Definitions
Under
the terms and conditions of sale set out above:-
(a)
The Company means ANR International (UK) Ltd.
(b)
The Buyer means the corporation, firm, company, institute, person or
persons to whom a quotation is made by the Company, or for whom an offer is
received or is accepted.
(c) Goods means products manufactured