All contracts are entered into on the understanding that the Purchaser is bound by the following Conditions of Sales unless otherwise specifically agreed in writing by both parties. These Terms and Conditions of Sale shall override any Purchaser’s conditions unless accepted by the Company. The word ‘Company’ in the following clauses means any Company in the Knobs.uk.com group.
1. GENERAL Unless previously withdrawn, our tender is open for acceptance within the period stated therein or, when no period is so stated, within thirty days only after its date.
2. LIMITS OF CONTRACT Our tender includes only such goods, accessories and work as are specified herein.
3. TELEPHONE ORDERS The Company accepts no responsibility for errors or omissions for goods or services requested by telephone unless a confirmation order is received by the time the order has been despatched. No responsibility will be accepted for duplication of telephone orders unless the official order is clearly marked as confirmation order.
4. PRICES All prices are strictly nett, ex-works and are subject to alteration without notice. The Company reserves the right to vary prices without notice as a result of fluctuations in raw material costs.
5. LIABILITY FOR DELAY Any times quoted for despatch or delivery are to date from receipt by us of a written order to proceed and of all necessary information and drawings to enable us to put the work in hand. Any time described as an estimate shall not be construed as a fixed time quoted or involve us in any liability for failure to despatch unless agreed in writing as liquidated damages, in which case our liability shall be limited to the amount so agreed to be paid. The time for despatch or delivery shall be extended by a reasonable period if delay in despatch or delivery is caused by instructions or lack of instructions from you or by industrial dispute or by any cause beyond our reasonable control.
6. DELIVERY Unless otherwise specified in our tender the prices quoted are ex-works and routed to requirements. Unless otherwise specified, we shall not be responsible for offloading.
7. CLAIMS Unless claims for shortages or damage are notified to the carrier and the Company within three days of receipt no liability will be accepted by the Company. In the event of non-delivery the carrier and the Company must be advised in writing within 10 days of receipt of the Company’s invoice.
8. TERMS OF PAYMENT Payment by customers with established accounts is nett 30 days from date of invoice. Payment by non-account customers is by pro-forma invoice or credit card payment.
9. TITLE OF GOODS The title of goods supplied does not pass to the purchaser until such time as payment in full for such goods has been received.
10. RETURN OF EQUIPMENT No equipment may be returned for replacement or credit without first obtaining the written agreement of the Company. Goods returned for credit may incur a handling charge.
11. CANCELLATION No cancellation will be effective unless requested in writing and accepted by the Company. Upon the agreed cancellation of any order or part thereof the Purchaser may be liable to a cancellation charge. Cancellation cannot be accepted for goods specifically manufactured to the Purchasers requirements.
12. CERTIFICATION A commercial Certificate of Conformity which does not provide batch traceability is available for all products free of charge and will be forwarded with the invoice.
13. LIABILITY The Company shall not by under any liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not as a result of the Company’s negligence or that of its employees, agents or sub-contractors. The Company’s liability (if any) whether in contract, tort or otherwise in respect of any defect in the products or of any duty owed to the Purchaser in connections herewith shall be limited in the aggregate to £500,000.
14. LEGAL CONSTRUCTION Unless otherwise agreed in writing the contract shall in all respects be construed and operate as an English contract and in conformity with English Law.
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