| Graphic Controls Ltd - Standard Terms and Conditions of Sale
1. DEFINITION : Except where inconsistent with the express written terms or subject of any contract between the Graphic Controls Ltd. company overleaf (hereinafter called the "Company") and a customer the following standard conditions shall apply to all contracts between the Company and its customers.
2. EFFECT OF CONDITIONS : All quotations and tenders are given by the Company on condition that the Company shall not be bound until it has communicated its written acceptance of customer's order. In the event of any other written conditions being embodied in the Company's acceptance of an order the customer shall be deemed to have agreed to these standard conditions and such other conditions (if any).
3. NECESSITY FOR WRITING : The Company shall not be bound by any representation made on its behalf nor by any express condition of warranty unless the same be in writing.
4. QUALITY AND DESCRIPTION : The Company shall not be bound by any implied condition or warranty whether arising by implication of law or to be implied from circumstances except a warranty that subject to the usual tolerances in the trade and to Condition 10 below that the Company shall use its best endeavours to deliver goods confirming with the contractual description as specified m the Company's acknowledgement of the customer's order and that the goods supplied by the Company shall be fit for the purpose Implied by such contractual description.
5. VALUE ADDED TAX : The Company shall be entitled to charge to the customer the amount of any V.A.T. or any other tax or duty based upon or .related to sales or turnover (whether or not included in the quotation or invoice) for which It shall be liable.
6. THE COMPANY'S OPTION TO RESCIND : The Company shall have the option (Without prejudice to any of its other rights against the customer) by notice in writing to the customer to rescind any contract between the Company and the customer or to suspend delivery in the following events.
a) Should any sum owing by the customer in the Company be overdue whether under the same or any other contract.
b) Should the customer be in breach of any term of the same or any other contract with the Company.
c) Should the customer enter into any composition or arrangement with or for the benefit of its creditors have a receiving order in bankruptcy made against him (if an individual) or (if a corporate body) should It go into liquidation whether voluntary compulsory or under supervision.
7. CONSEQUENCES OF DELAY : The Company shall not incur any liability to the customer in respect of any failure to deliver or delay in delivery occasioned by any cause beyond its control. In the case of any failure to deliver or delay in delivery occasioned by some cause within its control the Company shall be under no liability to the customer in respect of:
a) any damages or compensation paid by the customer in consequence of any failure or (delay by it in fulfilling any contract with a third party or:
b) any loss of profit diminution in value of goodwill, or,
c) any other indirect or consequential loss of whatsoevernature.
8. TIME AND MODE OF DELIVERY : If no time for delivery is specified in the contract the customer shall be bound to accept the goods when they are ready for delivery by the Company. Should expedited delivery be agreed subsequently to the date when the contract is entered into necessitating overtime or additional cost of any nature whatsoever the Company may impose an additional charge to cover the same. The Company: shall be entitled to deliver goods by instalments but not charge additional carriage costs unless such instalments are at the customers request.
9. PAYMENT : The price payable in respect of any goods sold by the Company to a customer and any other sum payable to the Company by a customer shall unless specified as other, become due upon the last day of the month following that in which the customer shall be invoiced. The Company shall be entitled to charge interest at 2 per cent above current Lloyds TSB Bank base rate per annum in respect of all overdue accounts.
10. VARIATIONS IN QUANTITY : The Company will endeavour to delivery the correct quantity of goods ordered but owing to the difficulties of production exact quantities where the delivered quantity of any particular description of goods does not differ by more than five (5) per cent from the quantity specified in the contract, the customer shall accept the increased or decreased quantity in complete satisfaction of the quantity specified in the contract and the price for the increased or decreased quantity shall be calculated at the unit rate applicable.
11. PROPERTY IN TOOLS etc: Tools and plates shall be the property of the Company whether or not the customer shall be charged for the preparation of same.
12. CUSTOMER'S DUTY TO TEST GOODS . It shall be duty of the customer before using the goods the subject of the contract for any purpose and before parting with possession of the same, to test and examine the goods in every respect and to satisfy himself of their fitness for the purpose for which they are intended to be used.
13. REMEDY OF DEFECTS : Claims in respect of any alleged defect in quality of goods delivered must be made in writing within the ten days after delivery. If the customer shall make any complaint within the time stipulated the Company shall after it has had a reasonable time to investigate the same, be entitled at its option to replace the goods (if defective) or to accept the return of the goods (if defective) and credit the customer with the price thereof. Notwithstanding anything contained in this paragraph the Company shall not be under any liability to the customer where defective work by the Company has been wholly or partly caused by defects in or unsuitably of any materials or equipment supplied to the Company by or on behalf of a customer.
14. EXCLUSION OF LIABILITY : Except as otherwise expressly mentioned in these standard conditions the Company shall have no liability of any kind whatsoever to the customer in respect of any loss or damage (whether direct, indirect or consequential) suffered by the customer whether in contract or negligence or otherwise howsoever, whether for for loss or damage to property or for death or bodily injury or otherwise howsoever in respect of any goods supplied or work done by the Company.
15 . COMPANY'S RIGHTS TO INDEMNITY : The Company shall be indemnified by the customer against all claims, demands, actions, proceedings and costs made or brought against or incurred by the Company by reason of the inclusion in any goods delivered to the customer pursuant to any contract between the Company and the customer, such inclusion being at the customer's behest, of any illegal or libelous matter or by reason that such goods or any part thereof infringe any letters patent trade mark, registered design, copyright or other rights whatsoever of any person.
16. CUSTOMER'S PROPERTY : A Customer's property and all things supplied to the Company by, or on behalf of a customer will be held by the Company at the customer's risk and the Company shall have no responsibility in respect thereof. Where any such property or thing is delivered to the Company for the purpose of the Company's applying any process thereto the Company will use its best endeavours to obtain results of adequate quality but the Company shall have no liability in respect of the loss or destruction of or any damage to such property or thing howsoever caused.
17. PASSING OF PROPERTY AND RISK : The property in any equipment and materials despatched, delivered or installed by us in accordance with or pursuant to this contract shall remain with us until the whole of the price has been paid irrespective of whether such equipment and materials have been installed in whole or in part and (such equipment and materials shall be at the customer's risk until payment has been completed so that should any equipment and materials or the premises to which they have been delivered, or installed be lost, destroyed or damaged by any cause whatsoever or howsoever arising between despatch and final payment the contract price shall be paid in full less the cost of such installation or completion as remains to be carried out when such loss destruction or damage took place. Any complaint of short delivery or of damage to goods in transit must be notified in writing by the customer to the Company within three days of receipt of the goods and any complaint or failure to deliver goods invoiced must be so notified within seven days of the date of invoice.
18. LIEN : Without prejudice to any of its other rights against the customer the Company shall in respect of all unpaid debts due from a customer have a general lien on all property of the customer in its possession and shall be entitled if any part of such debts shall remain unpaid at the expiration of 14 days after giving written notice to the customer requiring payment thereof, to dispose of such property as it thinks fit and apply the net proceeds of sale (if any) in or towards payment of such debts.
19. EFFECT OF FORBEARANCE etc: No forbearance or indulgence by the Company shown or granted to a customer, whether in respect of these standard conditions or otherwise, shall in any way effect or prejudice the rights of the Company against the customer or be taken as a waiver of any of these standard conditions.
20. FORCE MAJEURE : If the performance of any contract between the Company and a customer shall be rendered impossible or affected in consequence of any liability to secure labour, materials or supplies, act of God, war, riot or civil commotion, strike, lockout, fire, flood, drought, act of government or other cause (whether or not similar in kind to all or any of the foregoing) beyond its control the Company shall be entitled (without prejudice to any of its other rights against the customer) by notice in writing to the customer rescind the contract or to elect or Impose such variation in the contract as may in its opinion be necessary.
Graphic Controls Ltd - Web Terms and Conditions of Sale
1. DEFINITION
This page defines the terms upon which Graphic Controls Ltd makes available the information and facilities of this web site and the conditions of sale which apply to any purchases made through it. Our standard terms and conditions of sale also apply.
2. COPYRIGHT
The format of this site and the relationships between data on it are copyright and may only be used for the purposes of reaching a decision to purchase. No part of this site may be reproduced in any form except in the form of prints for the customer's own commercial records.
3. PRODUCT SELECTION
Product selection is the responsibility of the customer. Once an order has been placed electronically a contract will be deemed to exist and the operator of the site will not accept liability for any losses or costs incurred through an incorrect selection having been made. If in doubt use the "Request Quote" facility to confirm your exact requirement.
4. FAULTY GOODS
In the event of faulty or otherwise incorrect goods being received please notify us immediately by email to sales@crowngraphic.com.
5. ORDER CANCELLATION
Because this site works in "real time" cancellation of orders is often not possible. Should you wish to cancel an order please contact us immediately at sales@crowngraphic.com.
6. SECURITY
We take the security of our customers' details very seriously. Therefore, all sensitive data is encrypted and transmitted to our secure server using Secure Sockets (SSL).
7. CREDIT CARD PAYMENTS
Credit card transactions - the full price of your order will not be debited until immediately prior to the goods being shipped. Where credit card transactions are accepted the price indicated at the "check-out" includes all carriage charges, taxes and duties payable.
8. CREDIT ACCOUNT
If you have a credit account with us the title in any goods purchased will remain with us until payment in full of the invoice amount. Customers with credit facilities will be quoted ex-works prices in all cases.
9. PRIVACY
We are committed to maintaining the confidentiality of all information supplied by our customers via this site. No customer details are kept on our web server and access to such details is strictly controlled among our own employees on a "need to know" basis. We will not sell or communicate email addresses to other companies. Submission of an email address during registration on this site will be deemed an agreement to receive unsolicited emails from us advising of new product offerings. We will carefully screen such messages and keep them to a maximum of one per calendar month.
10. ONLINE SHOP
The Crown Graphic 'Online Shop' is a service provided by Graphic Controls Limited, a company registered in England no. 5999241. The low prices quoted on this site are available only to customers placing orders through crowng.com. To keep our costs low please address all communications to us by email at sales@crowngraphic.com.
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