Orders are accepted subject to the following terms and conditions and the placing of an order with the company is deemed to be acceptance of such terms and conditions by the customer No variation or modifications of or substitutions for such terms and conditions shall be binding unless expressly accepted by the company in writing. Certified that the supplies detailed theron have been inspected and tested in accordance with the conditions and requirements of the contract and unless otherwise noted confirm in all respects in the specification(s), drawing(s) relevant thereto.
2. EXCLUSIONS OF WARRANTIES
(I) Whilst every care is taken in providing suitable goods and in giving particulars of capacity and performance, the company gives no condition or warranty to their quality or fitness for any purpose whether that purpose is known to the company or not and all expressed or implied warranties or conditions statutory or other quality or fitness for any purpose whether that purpose is know to the company or not and all expressed or implied warranties or conditions statutory or otherwise are expressly excluded nor shall the company be liable for any loss or consequential damage.
(II) Where the company gives any advice or approval concerning any plans or specifications or concerning any other matter in relation thereto such advice or a approval concerning any plans or specifications or concerning any other matter in relation thereto such advice or approval is given subject to the concerning that the company shall be under no liability of any kind in connection therewith.
(III) Any drawings descriptions, weights or dimensions submitted by the company are approximate only and intended merely as a general guide and the company will not be liable for any error or omission therein or with regard thereto. Items marked with a # are obtained from sources holding Third Party Certification.
(IV) In the event of any defect in any goods supplied by the company due to faulty material or workmanship the company will, if it is satisfied that such defect is due to faulty workmanship, repair or replace such goods provided that notice of such defect is given in writing to the company within 14 days for delivery and the goods are returned carriage paid to the company's works within 28 days thereafter but after the expiration of such period all further liability on the part of the company shall cease.
(V) The company's obligation under the preceding sub-clause to repair or replace such goods is subject also to the customer having complied with all instructions given by the company concerning the manner in which such goods should be used.
3. PASSING OF RISK AND TITLE
(I) Title of goods supplied shall not pass to the customer but shall be retained by Albion Extrusions Limited until the contract price has been paid to Albion Extrusions Limited in full by the customer:-
(a) Albion Extrusions Limited shall have absolute authority to retake, sell, or otherwise seal with or dispose of all, any or part of the goods in which title remains vested in Albion Extrusions Limited.
(b) For the purpose specified in (a) above, Albion Extrusions Limited or any of its agents or authorised representatives shall be entitled at any time without notice to enter upon any premises in which the goods or any part thereof are stored or kept, or are reasonably believed so to be.
(c) Albion Extrusions Limited shall be entitled to seek a court injunction to prevent the customer from selling, transferring or otherwise disposing of the goods.
(d) Not withstanding the foregoing risks in the goods shall pass on delivery of the same to the customer, and until such times as titles in the goods has passed to the customer, the customer shall ensure such goods has passed to the customer, the customer shall insure such goods to its replacement value.
(II) When goods to be supplied under this contract, being the property of Albion Extrusions Limited are delivered to the customer, the customer may sell such goods in ordinary course of business before payment for the same shall have been received by Albion Extrusions Limited provided that the customer shall pay Albion Extrusions Limited's part of the proceeds for such sale into a separate bank account clearly denoted as an account containing monies deposited for the benefit of Albion Extrusions Limited by the customer acting in a fiduciary capacity.
(lll) The customer shall store the goods separate from any other goods of the customer and of third parties and shall identify the goods as the property of Albion Extrusions Limited. The customer shall not remove any identifying marks placed upon the goods by Albion Extrusions Limited.
4. PRICE VARIATION
Owing to fluctuations in raw materials and costs it is agreed that these goods will be invoiced at prices ruling at time of dispatch.
(I) Deliveries may be suspended pending any contingencies over this the sellers or buyers have no control (such as strikes, louckouts, fire, accident, frost, war or the like) causing a short supply of fuel or raw material or otherwise preventing the manufacture or shipment of the goods. Any deliveries so suspended to be delivered at the same rate of delivery commencing after the period assigned to this contract but sellers shall in no way be liable to the buyers and vice versa for any loss caused by such postponement of delivery.
(II) Each delivery shall constitute a separate contract and failure of any delivery shall not violate the contract as to others.
(lll) If buyers fail to require the delivery of goods when the delivery falls due, sellers shall be considered to have tendered and buyers to have refused such delivery.
Credits against specific invoices for non delivery of goods cannot be granted unless the buyers notify the sellers of the failure to deliver within 10 days of the date of invoice.
No claim will be accepted unless the buyers notify the carriers in writing within three days of receipt of goods. Unexamined signature is no protection.
Any dispute or difference arising out of or in connection with this contract to be settled in Southport by arbitration in a manner provided by the Arbitration Act 1889, or any other statutory modification thereof and otherwise by the Law of England.