Standard Terms and Conditions of Sales
INTELLECTUAL PROPERTY RIGHTS.
(a)The Seller shall not be liable for the infringement of any intellectual property rights arising from:-
(i)Compliance with the Buyers design specification or instruction except to the extent that the infringement arises from manufacturing process
employed by the Seller; or
(ii)Any combination of the Goods with any product whether or not supplied by the Seller or any other method or process in which the Goods be used.
FORCE MAJEURE
(a)The Seller shall not be liable for any failure to deliver the Goods arising from Circumstances outside the Seller’s control.
(b)Non-exhaustive illustrations of such circumstances would be an act of God, war, hostilities, riot, civil commotion, explosion, abnormal weather conditions, fire, flood, accidents, strikes, lock-outs or industrial action, Government action or regulations (UK or otherwise), delay by suppliers or breakdown of transport or machinery.
(c)Should the Seller be prevented from delivering in the above circumstances it shall give the Buyer written notice of this fact as soon as reasonably practicable after discovering it.
(d)lf the circumstances preventing the delivery are still continuing three months later after the Buyer receives Sellers notice then either party may given written notice to
the other canceling this contract.
(e)lf the contract is pursuant to the above clause the seller will refund any payment which the buyer has already made on Account the Seller will not be liable to compensate the buyer for any further loss or damage caused by the failure to deliver.
VARIATION
(a)The Seller reserves the right to vary the design or construction of Goods manufactured by it at any time prior to delivery provided that such variation does not
substantially alter the performance or specification of the Goods.
(b)All Goods are sold by description and not by sample, even when samples have been provided.
SALES LITERATURE
Whilst the Seller takes every precaution in the preparation of it’s catalogues, technical circulars, price lists and other literature these documents are for the Buyer’s
general guidance only and the particulars contained therein shall not constitute representations by the Seller and the Seller shall not bound thereby.
EXPORT
The Buyer shall ensure that it holds all necessary permits, licenses and clearances for any Goods that are to be exported outside the United Kingdom.
NOTICES
The buyer shall give notice to the Seller of the change or acquisition of any address or telex, facsimile or similar number at the earliest possible opportunity but in any event within 48 hours of such change or acquisition.