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Terms and Conditions
1. GENERAL

(1) All quotations are made and all orders are accepted subject to the following conditions. All conditions of the Customer or other terms conditions or warranties whatsoever are excluded from the contract or any variation thereof unless expressly accepted by an authorised official of the Company in writing.

(2) Quotations shall only be available for acceptance for a maximum period of 30 days from the date thereof and may be withdrawn by the Company within such period at anytime by written or oral notice.

(3) The Company acts solely in the capacity of factors. However if any statement or representation upon which the Customer relies has been made to the Customer other than in the documents enclosed with the Company's quotations or acknowledgement of order the Customer must set out that statement or representation in a document to be attached to or endorsed on the order in which case the Company may clarify the point and submit a new quotation.

(4) Commercial terms such as CIF and C and F shall have the meanings assigned to them by Incoterms 1953 conditions.

(5) Goods from stock are offered subject to the same being unsold upon receipt of the order.

2. DELIVERY

(1) Save in the case of Goods expressly stated to be sold from stock for immediate delivery time for delivery is given as accurately as possible based upon anticipated performance by the manufacturer or any processor of the Goods but is not guaranteed. The Customer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery time stated.

(2) The Company may at its discretion submit a sample to the Customer for approval before executing the bulk of the order delivery of which will only be commenced upon receipt of written approval of the sample by the Customer.

(3) The Company will endeavour to comply with reasonable requests by the Customer for postponement of delivery but shall be under no obligation to do so. Where delivery is postponed otherwise than due to default by the Company the Customer shall pay all costs and expenses occasioned by such postponement including a reasonable charge for storage and transportation and the Company shall be entitled to invoice the Goods in accordance with these Conditions.

3. RISK AND TITLE

(1) Risk shall pass to the Customer so that the Customer is responsible for all loss damage or deterioration to the Goods:-

(a) if the Company delivers the goods by its own transport at the time when the Goods or a relevant part thereof arrive at the place of delivery or

(b) in all other circumstances at the time when the Goods or a relevant part thereof leave the premises of the Company whether or not the Company arranges transport and where the Goods are delivered by carrier any claims for loss or damage in transit must be made by the Customer against the carrier in accordance with the carriers conditions.

(2) Title in the Goods or any part thereof shall pass to the Customer when payment in full therefor has been made or when the Company serves written notice upon the Customer specifying that title in the Goods or such part thereof has passed whichever shall be the earlier in time and the Customer shall permit the servants or agents of the Company to enter on to the Customer's premises and to repossess the Goods at any time prior to passing of title and in the event of the Goods being at the premises of a third party by the direction of the customer then the Customer shall if so required by the Company in writing remove the goods from such premises and return them to the Company forthwith.

(3) The Customer shall store mark or designate all goods supplied hereunder in respect of which title has not passed to the Customer as herein provided so as clearly to show that they are the property of the Company.

(4) The Customer shall only be at liberty to resell the Goods purchased from the Company prior to the passing of title on the understanding that it does resell the Goods then it will hold on trust for the Company so much of the proceeds of sale received by it under contracts which include any of the goods hereby sold as are necessary to discharge payment in full to the Company.

4. CANCELLATION

Cancellation will only be agreed to by the Company on condition that all costs and expenses incurred by the Company up to the time of cancellation and all loss of profit and other loss or damage resulting to the Company by reason of such cancellation will be paid forthwith by the Customer to the Company.

5. PRICES

(1) Save in the case of Goods expressly stated to be sold from stock all prices and rates quoted by the Company are unless stated based upon manufacturers prices and rates ruling at the date of the quotation and are subject to increases by the Company at the time of despatch of the Customer's order in the event that price changes by the manufacturer to the Company take place.

(2) In the event of any alteration being required by the Customer in design or specification the Company shall be entitled to make an adjustment of the contract price corresponding to such alteration.

(3) Rates and prices quoted by the Company relate to the quantities shown in the quotation and the Company shall not be obliged to accept an order for a smaller quantity at the rates or prices quoted.

(4) The Customer shall have no right to reject the Goods on the grounds of variation from the quantity ordered where such variation is plus or minus 5% of the quantity ordered and the Customer agrees in such circumstances to accept a corresponding adjustment in the Contract Price.

(5) Unless otherwise stated all prices are quoted net of VAT.

(6) All prices are quoted ex Works and carriage will be charged extra unless otherwise agreed.

6. TERMS OF PAYMENT

(1) Unless otherwise agreed by the Company in writing the terms of payment shall be net cash monthly account due and payable on or before the last day of the month following the month in which the Goods were despatched or would have been despatched save for postponement otherwise than due to default on the part of the Company. The Company shall be entitled to submit its invoice with its delivery advice note or at any time thereafter save that where delivery has been postponed at the request of or by the default of the Customer then the Company may submit its invoice at any time after the Goods are ready for delivery.

(2) Unless the contract provides to the contrary the Company may deliver by instalments. Where delivery is to be made by instalments each instalment shall be treated as a separate contract and delay. default or non-delivery in respect of any instalment on the part of the Company shall not entitle the Customer to cancel the remainder of the contract.

(3) Failure by the Customer to pay any instalments or deliver when payment is due shall entitle the Company to withhold further deliveries.

(4) No disputes arising under the contract nor delays beyond the reasonable control of the Company shall interfere with prompt payment in full by the Customer.

(5) In the event of default in payment by the Customer the Company shall be entitled without prejudice to any other right or remedy to suspend all further deliveries on any contract or contracts between the Company and the Customer without notice and to charge interest on any amount outstanding at the rate of 4% per annum above Base Rate of Lloyds Bank PLC in force at the time when payment was due.

7. DIMENSIONS

All weights and dimensions quoted are subject to normal commercial tolerances.

8. SHORTAGES AND DEFECTS APPARENT ON INSPECTION

The Customer shall have no claim for shortages or defects apparent on visual inspection unless:-

(i) the Customer inspects the Goods within three working days of arrival at its premises or other agreed destination and

(ii) a written complaint is made to the Company within fourteen days of receipt of the Goods or such shorter period as the carrier's conditions (if applicable) require specifying the shortage or defect and

(iii) the Company is given an opportunity to inspect the Goods and investigate any complaint before any use is made of the Goods and

(iv) in case of assertions of total non-delivery of any consignment of the Goods the Customer must give notice in writing to the carrier and to the Company within ten days of the Company's advice note or date of invoice, or such shorter time limit as may be specified in any conditions of the carrier.

If a complaint is not made to the Company as herein provided then the Goods shall be deemed to be in all respects in accordance with the contract and the Customer shall be bound to pay for the same accordingly.

9. DEFECTS NOT APPARENT ON INSPECTION

(1) In the event of defects in the Goods not apparent on visual inspection at the time of delivery then the Customer shall only be entitled to make a claim against the Company if it shall:-

(i) make written complaint to the Company as soon as reasonably practical after the defect is discovered and shall make no further use of the Goods thereafter nor make any alteration thereto before the Company is given an opportunity to inspect the Goods and

(ii) make complaint within 6 months of the date of delivery of the Goods or within the guarantee period specified by the manufacturer of such item if longer.

(2) The Customer shall not be entitled to any claim in respect of any defect arising by reason of fair wear and tear or damage due to misuse.

10. GUARANTEE CONDITION

(1) Save as otherwise provided by the other conditions of these Conditions sections 12 to 15 of the Sale of Goods Act 1979 are to be implied into this contract.

(2) The Company does not manufacture Goods but acts only as factors in the circumstances:-

(i) the Customer must rely solely upon information supplied and representations given by the manufacturers regarding the properties and characteristics of the Goods and their suitability or fitness for any particular purpose and

(ii) the Company hereby notifies the Customer that it relies upon the testing examination and research carried out by the manufacturer of the Goods for the purpose of the Health and Safety at Work etc.

(iii) without prejudice to the effect or operation of any other clause herein contained the aggregate liability of the Company to the Customer for any loss or damage of whatsoever nature arising out of any breaches of this contract shall be limited to and shall not exceed a sum which equals the contract price of the Goods.

(3) In the event of the condition of the Goods being such as might or would (subject to these Conditions) entitle the Customer to claim damages or to repudiate the contract the Customer shall not then do so but shall first ask the Company to repair or supply satisfactory substitute Goods and the Company shall thereupon be entitled at its option to repair or take back the defective Goods and to supply satisfactory substitute Goods free of cost and within a reasonable time. If the Company does so repair the Goods or supply satisfactory substitute Goods the Customer shall be bound to accept such repaired or substitute Goods and the Company shall be under no liability in respect of any loss or damage whatsoever arising from the initial delivery of the defective Goods or from the delay before the defective Goods are repaired or the substitute Goods are delivered.

11. LIABILITY

Save where the Company is shown to have failed to exercise reasonable care in the supply of the Goods and such failure results in death or personal injury the Company shall not be liable in respect of claims arising by reason of death or personal injury. Further under no circumstances whatsoever shall the Company be liable for consequential loss (including removal or rectification work required in connection with installation of repaired or substitute Goods) loss of profits or damage to property.

12. CUSTOMER'S DRAWINGS

(1) The Customer shall be solely responsible for ensuring that all drawings information and advice and recommendations given to the Company either directly or indirectly by the Customer or by the Customer's agents, servants or advisers are accurate, correct and suitable. Examination or consideration by the Company of such drawings information advice or recommendations shall in no way limit the Customer's responsibility hereunder unless an authorised official of the Company specifically agrees in writing that the Company shall accept responsibility.

(2) The Customer shall indemnify the Company from and against all actions claims costs and proceedings which arise due to the manufacture of Goods to the drawings and specifications of the customer where such drawings and specifications are at fault or where it is alleged that they involve an infringement of a Patent Registered Design or Copyright or other exclusive right.

13. DATA AND TECHNICAL INFORMATION

Any information contained in broadsheets or other publications of the Company is provided for general guidance only and forms no part of the contract unless contained in the Company's quotation or expressly agreed in writing. Customers should obtain specific recommendations and advice from the manufacturer of the Goods regarding the uses and attributes of the products concerned.

14. INDUSTRIAL PROPERTY RIGHTS

So far as the Company is aware no Goods supplied by it infringe any existing patent or design or any other industrial or intellectual property rights but in view of its capacity as factors only it gives no warranty express or implied in respect of any such infringement . However in the event of any claim being made or action being brought against the Customer in respect of any infringement of patents or other industrial or intellectual property rights by the use or sale of the Goods supplied hereunder the Customer shall notify the Company immediately and the Company shall conduct negotiations with the manufacturer with a view to settlement of the same or any litigation that may arise therefrom.

15. INSOLVENCY

If the Customer shall become bankrupt or insolvent or compound with creditors or in the event of a resolution being passed or proceedings commenced for the liquidation of the Customer (other than for a voluntary winding up for the purposes of reconstruction or amalgamation) or if a Receiver or Manager is appointed of all or any part of its assets or undertaking the Company shall be entitled to cancel the contract in whole or in part by notice in writing without prejudice to any other right or remedy accrued or accruing to the Company.

16. FORCE MAJEURE

Neither party shall be under any liability for any delay loss or damage caused wholly or in part by act of God governmental restriction condition or control or by reason of any act done or not done pursuant to a trade dispute whether such dispute involves its employees or not or by reason of any other act matter or thing beyond its reasonable control including failure by the other party to carry out the provisions of these Conditions.

17. LEGAL

The contract shall be governed and interpreted exclusively according to the Law of England and shall be subject to the jurisdiction of the English Courts only.
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