Cup Alloys - Conditions of Sale - www.cupalloys.co.uk

 

UK Silver Price
21st June 2017

£416.67/kg
£12.96/oz

  Conditions of Sale

  

 Legal Construction

In the event of any inconsistency between these conditions and the terms/conditions of the order placed by the Purchaser, these conditions will prevail unless agreed in writing by CuP Alloys (Metal Joining) Ltd (The Company). Rights and obligations of the parties arising under this contract will be determined and the terms and conditions thereof will be construed according to English law.

 

 

Prices

Prices refer to those in effect at the time of quotation. The Company reserves the right to charge prices ruling at the date of order

VAT
Prices quoted are exclusive of VAT unless stated otherwise. VAT will be charged at the rate in operation at the relevant tax point.

Payment Terms
The company reserves the right to ask for payment in advance Otherwise payment terms are 30 days from date of invoice. Non-compliance with these terms may constitute a breach of contract on the part of the Purchaser and entitle the Company to take any action deemed necessary, including the right to


1) refuse to supply more goods
2) terminate the contract
3) initiate legal proceedings to recover any monies due to the Company.


The Company reserves the right to charge interest at the rate of 1.5% per month on any sum outstanding at the due date to accrue on a day to day basis.

Claims
Claims for non-delivery, shortage or incorrect goods must be made to the company in WRITING within 7 days of the delivery date, time to be of the essence.

Goods damaged in transit must be notified IN WRITING to both the carrier and the Company within 3 days of receipt thereof, time to be of the essence.

The Company reserves the right to refuse any claims made outside the time limits set out above.

Returns
Returns will not be accepted unless previously agreed IN WRITING by the Company. In cases where goods have been correctly supplied by the Company and the return is to be accepted, a minimum handling charge of 20% of the sales value may be levied. Any returns are made at the Purchasers own cost.

Cancellation
Cancellation of order will only be accepted with the consent of the Company and on terms which indemnify it against all loss. This may result in a cancellation charge being levied.

Delivery
Any delivery date quoted is an estimate only although every endeavour is made to adhere to it. The Company shall not be liable for any delay in delivery

Risk
The goods are at the Purchasers risk from physical delivery to the Purchaser or Purchasers Carrier or other bailee for transmission to the Purchaser, whichever is the earlier.

Retention of Title
Not withstanding delivery and passing of risk, title in the Goods shall not (unless otherwise agreed in writing by the Company in relation to specified Goods) pass to the purchaser until whichever shall be the first to occur of the following:

1) full payment for the Goods(including any interest) being received by the Company and no other amount then being outstanding from the Purchaser to the Company
2) the sale of the Goods by the Purchaser in accordance with these conditions in which case title to the Goods shall pass to the Purchaser immediately prior to delivery of the Goods to the Purchasers customer.
3) until title to the Goods passes the Purchaser will hold the Goods as fiduciary agent and bailee for the Company. the Goods shall, subject to para 2 , be kept separate and distinct from all other property of the Purchaser and of third parties and in good repair and condition and stored, identified and insured (at the Purchasers cost) as the Company's property
4) until payment the Purchaser is licenced by the Company to use or sell the Goods in the ordinary course of its business
5) the Company may at any time revoke this power of sale and use by notice to the Purchaser to take immediate effect
6) this power of sale and use shall immediately cease on the happening of any event, commencement of any proceedings(in any jurisdiction) or taking of any action (whether by the Purchaser or any other person or body)  which calls into question the solvency of the Purchaser shall immediately place any of the Goods
7) upon determination of this power of sale and use, whether by notice or automatically, the Purchaser shall immediately place any of the Goods still in existence and unsold at the disposal of the Company who shall be entitled to enter any premises of the Purchaser to remove such Goods.

Guarantee
We guarantee that we will, at our option, replace faulty Goods supplied by the Company, or replace the same or refund the purchase price thereof, subject to the Purchaser being in strict compliance with the manufacturers instructions and the claim being made to us , in writing, within 6 months after the sale or such other period as may have been dictated by the Company, time to be of the essence. The Company' obligation to refund, repair or replace  the Goods is the sole liability of the Company as regards the quality fitness or description of the the Goods and their correspondence with sample or specification. All other representations, warranties, conditions, terms and statements, expressed or implied, are excluded. Responsibility for ensuring the Goods comply with the laws of any Country outside the UK, rests with the Purchaser.

The Company shall not be liable for any direct or indirect loss or damage to property or persons howsoever arising from the sale, use or installation of the Goods or from any defect in the goods otherwise than provide by the Law. In no event shall any failure of any kind on the part of the Company give rise to any liability for loss of revenue or any other consequential loss or damage arising from any reason whatsoever.

Force Majeure
If the contract shall become impossible to perform .in whole or in part, by any means whatsoever outside the control of the Company, including war, invasions, act of foreign enemy, hostilities, civil war, rebellion, civil strife, force majeure, government action, strikes or industrial action or failure of supplier, the Company may rescind the contract.

Patents & Copyrights
The sale of Goods and publication of data does not imply freedom from patent or other protective rights.

Changes of Product Specification
The Company policy is one of continuous product development. The Company therefore reserves the right to make reasonable changes to product specification at its' discretion without notice.

Origin of Goods
The Company makes no representation and gives no warranty in respect of the sources of origin of manufacture or production of the Goods or any part thereof.

Disputes
The parties will attempt in good faith to resolve any dispute or claim relating to this contract which they will attempt to resolve the dispute through an alternative dispute resolution procedure as recommended by the Centre for Dispute Resolution. If the parties fail to resolve the dispute after 3 months then the dispute will be referred to arbitration to be carried out by a single arbitrator agreed by the parties or recommended by the President of the Chartered Institute of Arbitrators and the decision of the arbitrator shall be binding on the parties.

Third Party Rights
The Parties to this Contract do not intend any term of this Contract to be enforceable by a third party pursuant to the Contracts (Right of Third Parties) Act 1999

 

Copyright CuP Alloys (Metal Joining) Ltd 2017