CONDITIONS OF PURCHASE

  1. WE SHALL NOT BE LIABLE FOR ANY ORDERS OR AMENDMENTS THERETO OTHER THAN THOSE ISSUED OR CONFIRMED ON OUR OFFICIAL PRINTED ORDERS OR AMENDMENT FORMS SIGNED BY A PERSON AUTHORISED ON OUR BEHALF.
  2. We reserve the right at our option to cancel this order or any part of it, and/or we shall be entitled to reimbursement in respect of all loss and/or expense which results directly or indirectly by reason of:
    1. The failure by you to deliver or delay by you in delivering materials or goods or failure to complete work by the date specified in our order.
    2. The failure by you to comply strictly with the description specification and drawings relating to the materials of goods to be supplied or work to be carried out and/or the failure to comply with British Standard Specifications and Conditions applicable.
    3. The materials or goods to be supplied by you or the work to be carried out by you being below the specified standard or failing to pass such inspection or test as may be required by us or by our customer or his agent or by any government departments concerned.
  3. In the event of any strike, lockout, fire, explosion or accident or of any stoppage of our business or work beyond our control which may prevent or hinder the use of the goods or work the subject matter of this order, the delivery of such goods or the completion of such work and the payment therefore may be suspended or postponed at our option until the circumstances preventing or hindering the use of such goods or work has ceased.
  4. No part of this order is to be sub-contracted or assigned by you without our previous consent in writing. Where such consent is given it is conditional upon your sub-contractor accepting the conditions agreed between us.
  5. Our inspector or representative and any inspector or representative of our customer or his agent or government department concerned shall be entitled on our authority to inspect or test the goods or work which are the subject matter of this order at any reasonable time at your works or at the works of any of your sub-contractors. If specified on our order you will give us notice of your works tests which we shall be entitled to attend. You will provide us with such test certificates as we may require. Such inspection does not relieve you of any liability nor does it imply acceptance of the goods.
  6. All goods supplied against this order must be adequately protected against damage and deterioration in transit and delivered, carriage paid in accordance with our instructions and must bear the description and quantity of contents and our order number on the packages thereof. The goods shall be at your risk until delivered to us at the point designated on this order unless we otherwise agree in writing on our official order form.
  7. No liability will be accepted for packaging materials or cases unless previously agreed by us.
  8. Inattention to the following details may mean delay in payment but no prompt payment discount shall be forfeited by us on account at your failure:
    1. To send on the day of despatch for each consignment such advice(s) of despatch and invoice(s) as may be indicated in this order, or,
    2. To send a monthly statement of account by the 10th of the month quoting the invoice numbers applicable to each item thereon, or
    3. To mark clearly our order number on the consignment package, packing notes, invoices, monthly statements and all other correspondence relating thereto.
  9. All payments will be made without prejudice to our rights should the goods and/or materials prove unsatisfactory or are not in accordance with our ordering instructions.
  10. All tools, patterns, materials, drawings, specifications and other data provided by us in connection with this order will remain at all times our property and are to be surrendered to us on completion of this order and are to be used by you solely for the purpose of completing the same. In addition, any patents, copyrights or registered designs arising from the execution of this order shall become our property.
  11. This order and the subject matter thereof shall be treated as confidential between yourselves and us and shall not be disclosed by you or any sub-contractor of yours or to any third party or used by you or any such sub-contractor for advertisement, display or publication without prior consent in writing.
  12. You agree neither to quote nor supply parts made to our specification, design or drawing to any third party without our prior consent in writing.
  13. Without our prior consent in writing no maker’s marks must appear on material embodied in our equipment.
  14. You will keep us indemnified in respect of all loss and/or expense which results during or after proper use directly or indirectly from defective materials or goods supplied by you or from defective workmanship or design (except where the design is provided by us) and in addition you will repair, replace or reinstate at our option the defective items free of charge.
  15. You will keep us indemnified against all claims of whatsoever nature (including those for royalties, damage or other losses) arising from the use by you of patented apparatus, articles or processes embodied or used in the completion of this order. This is to include registered designs, copyrights or trademarks.
  16. You will keep us indemnified against any damage to our property (including any material, tools or patterns sent to you for any purpose) and against any claims for loss or injury to any person or to the property of any person by reason of your negligence or of any act of omission on the part of your employees, sub-contractors or agents arising out of the execution of this order.
  17. Where it is indicated on the front hereof that this order is for the U.K. Government requirements it will also be subject to the latest issue of standard conditions and specifications unless otherwise stated.
  18. In case of any conflict between these conditions and any U.K. Government conditions that may be applicable, the latter shall prevail.
  19. The conditions shall have precedence over any printed conditions appearing on any acceptance form, delivery form or other documents or letter emanating from the supplier, and such conditions shall have no effect whatsoever except in so far as they confirm the terms of this order.
  20. This order shall be constructed in all respects in accordance with English Law and any dispute as to the terms, conditions or subject matter hereof or arising hereunder shall be referred to a single arbitrator appointed by agreement between the parties hereto or in default of such agreement by the President for the time being of the Law Society of England on the application of either party; the Arbitration Act 1950 or any subsequent re-enactment thereof shall apply to any arbitration hereunder. Nothing in these Conditions shall prejudice any condition of warranty (expressed or implied) or right or remedy to which we are entitled in relation to the material or goods ordered by virtue of statute or common law.

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