The acceptance of our quotation implies the acceptance of the following terms and conditions.
Quotations are open for acceptance within the period stated therein or, when no period is stated, within thirty days of the date of quotation.
The acceptance of our quotation must be accompanied by sufficient information to enable us to proceed with the order forthwith. The order does not constitute a contract between Phoenix Tribology Limited and the customer until it has been accepted by us in writing, and when required, an export licence granted.
All descriptions, specifications and drawings are approximate only, and we reserve the right to introduce changes and improvements at our discretion.
PACKING, CARRIAGE AND SHIPMENT
Packing, carriage and shipment will be charged for as indicated in the quotation.
TIME OF DESPATCH
Any times quoted for despatch date are from receipt of a written order to proceed and of all necessary information to enable us to put the work in hand. Every effort will be made to complete despatch within the period specified but no liability will be accepted for failure to meet the specified date of supply.
INSPECTION AND TEST
Our products are carefully inspected, and where practicable, submitted to our standard tests before despatch. If tests, other than those specified in our quotation, or tests in the presence of the customer or his representative are required, these will be charged for. In the event of any delay on the part of the customer in attending such tests, after seven days’ notice has been given, the tests will proceed in his absence and shall be deemed to have been made in his presence.
DAMAGE OR LOSS IN TRANSIT
Any damage to or shortage in goods supplied must be notified to us and to the carrier within seven days of receipt by the customer.
Payment will be in accordance with one of the following conditions, unless specified differently on the quotation:
- Nett cash 30 days from date of Invoice for U.K. customers.
- By irrevocable confirmed Letter of Credit on a London Bank, for all overseas customers.
Should the purchaser fail punctually to comply with the terms of payment, we shall be entitled to interest on any amount overdue at the rate of 4% above the Base Rate of National Westminster Bank PLC from time to time in force.
VALUE ADDED TAX – U.K. ORDERS ONLY
We shall be entitled to recover from the customer in addition to the agreed price any amount we are liable to pay in respect of Value Added Tax relative to the goods or services supplied.
We will make good, by repair, or at our option, by the supply of a replacement, defects which, under proper use, appear in the goods within the period of eighteen calendar months, from despatch ex works, arising solely from faulty design, materials or workmanship: provided always that defective parts have been returned to us if we shall so require. No liability will be accepted for loss, damage or injury attributable to any goods supplied by us after they have left our works.
We undertake to indemnify the customer against any claim for infringement of patents or for payment of royalty in connection with any goods supplied by us.
Patent and design rights relating to goods supplied by us shall remain our absolute property and our designs and drawings shall not be reproduced or disclosed without our written consent.
If at any time a question, dispute or difference shall arise between us and the customer the same may be referred to the arbitration of a person to be mutually agreed upon or, failing agreement, of some person appointed by the President for the time being, of the Institution of Mechanical Engineers.
Any order may be cancelled or varied by the customer only with our consent and on payment of reasonable cancellation or variation charges, which must take into account expenses incurred and commitments made by us. Cancellation cannot be accepted for purpose-built goods.
No variation of or addition to these terms and conditions shall be binding upon us unless expressly accepted by us in writing.
PROPERTY IN GOODS
Until payment in full has been received by us for all goods whatsoever supplied at any time by us to the Purchaser:
- Title and ownership of goods shall not pass to the purchaser until payment has been received in full (and all cheques cleared) and not upon collection or delivery.
- The Purchaser shall be at liberty to sell the goods in the ordinary course of business on the basis that all proceeds of sale of such goods are our property for which the Purchaser shall account on demand.
- The risk in the goods shall pass as follows: 1. to U.K. buyers on delivery, 2. to overseas buyers in accordance with the delivery terms contained in the contract.
The Company shall not be under any liability to the Purchaser in respect of any failure to perform or delay in performing any of its contractual obligations to the Purchaser attributable to any cause of whatsoever nature beyond the Company’s reasonable control and no such failure or delay shall be deemed for any purpose of these conditions to constitute a breach of contract.
The contract shall in all respects be construed and operate in conformity with English Law. If any of these Conditions or any part thereof is tendered void or unenforceable by any legislation to which it is subject, it shall be so void and unenforceable to that extent and no further.