Terms and Conditions
1. Orders are only accepted on the understanding that the Customer agrees to the following Terms and Conditions notwithstanding any terms and conditions that may be contained in any Customer order or acknowledgement received by the Company unless specifically agreed otherwise in writing.
2. All contracts may be partially or wholly suspended without liability on the Company's part by reason of contingencies beyond the Company's control such as Strikes, Lock-outs, Fire, War, Acts of any State etc., or for any cause which partially or entirely stops the Company's works or any works which the Company depends on for supplies.
3. Quotations and delivery dates are based on conditions prevailing at the time of quotation. The Company reserves the right to increase the prices quoted in the event of any increase in the cost of material or wages. No clerical omissions in respect of quotations or acceptances of order shall annul the sale, but shall be subject to subsequent correction by the Company and no compensation shall be allowed to the Customer in respect thereof.
4. All illustrations, designs and drawings, albeit not binding in detail and which may be subject to variation in design which are submitted with quotations or for a Customer's consideration, remain the Company's property and copyright and must not be disposed of or copied without the Company's written permission. The Company retains all rights to Patent Registrations and Design Registrations in the case of such materials.
5. All quotations are made and orders accepted subject to raw materials being available.
6. Orders are accepted and quotations are given on the terms that all conditions and warranties which would arise by implication of law are excluded. The Company will hold itself responsible only in respect of guarantees and warranties given expressly in the contract of sale.
7. The Company shall not be liable for any direct or indirect loss arising from non-delivery or delay in delivery of any goods caused by war, strikes, lock-outs, fire, floods, explosions, government restrictions, inability to obtain goods or shortages thereof, or any other causes whatsoever beyond the Company's control. Whilst every endeavour will be made to ensure delivery on or before the date given, the Company will not be liable for any delay or loss consequent to such delay. The Customer will not be entitled to reject any order given by reason of late delivery, unless four weeks notice is given in writing to the Company.
8. No claim that goods are not in conformity with the contract will be entertained unless made in writing within 14 days of the invoice date. Returns after delivery must be notified within 21 days of purchase unless agreed by a Director of Item Products.
9. The Company shall be under no liability for any loss or damage however arising, resulting from the use, processing or conversion of the goods and the buyer will indemnify the Company in respect of any claim by a third party for loss or damage resulting aforesaid.
10. In no circumstances shall the Company's liability exceed the invoice value of the goods supplied. Credited items may be subject to inspection and goods-in handling charge.
11. Goods of another manufacturer are sold subject to the Conditions of Sale of the respective manufacturer.
12. The Company reserves the right to charge interest at 5% over the Nat West Bank Rate on overdue
accounts on a daily basis.
13. Performance weight and measurements, although carefully computed, must be considered approximate only and are not guaranteed.
14. Subject to clause 6, cancellation of an order by a Customer cannot be accepted except by mutual consent. If consent is given a cancellation charge may be made to cover expenses and cost of work involved.
15. Unless otherwise agreed in writing by the Company these conditions will override any Terms and Conditions incorporated or referred to by the Customer in his order or negotiations.
16. a)Notwithstanding any other provision of these Conditions, risk in the goods shall pass to the Customer when the goods are delivered to the customer or its agent, or if delivery is delayed at the Customers request, or the goods are to be collected by the Customer at the time the goods are ready.
b) Notwithstanding delivery of the goods or the passing of risk, title of all goods thereto shall remain with the Company and will not pass to the Customer until such a time as payment is made in full to the Company of all amounts howsoever arising due to the Company by the Customer and where applicable, by any holding or subsidiary company (as those terms are defined by the Companies Act 1985) of the Customer in any manner or way whatsoever.
c) Until such a time as payment in full is made to the Company in accordance with these Conditions and title to the goods has passed to the Customer, the Customer shall hold the goods as trustee, but not as agent, for the Company and shall ensure that goods shall be stored separately from any other property of the Customer or from any property belonging to a third party and held by the Customer and shall be clearly identifiable as the property of the Company. At any time prior to title to the goods passing from the Company in accordance with these conditions, the Company shall be entitled on demand to recover possession of the goods or any of them (without prejudice to any of its other rights) and for this purpose shall be entitled to enter upon the Customer's premises (or any other premises where the goods are stored) during normal hours to remove such goods from such premises.
These conditions constitute an authority for any third party authorized by the Company to exercise the Company's rights here under.
17. These Terms and Conditions of Sale and any contract to which they may apply shall be governed by and construed in accordance with the law of England and the Company hereby and the Customer, by acceptance of these Terms, prorogate the non-exclusive jurisdiction of the English Courts.
18. PAYMENT TERMS : Strictly Nett and Payable 30 days from date of invoice.
Item Products (NPD) Ltd