TERMS AND CONDITIONS OF SALE

VALIDITY

Unless other terms and conditions are expressly accepted by the Seller by means of a specific written amendment hereto signed by a Director or Branch Manager of the Seller the Contract will be on the terms and conditions set out below and overleaf (‘the Contract Terms’) to the exclusion of any other terms and conditions (except those implied in favour of a seller which are not inconsistent with the Contract Terms) whether or not the same are endorsed upon, delivered with or referred to in any purchase order or other document delivered or sent by the Buyer to the Seller. Any reference overleaf to the Buyer’s order, specification or like document will not be deemed to imply that any terms or conditions endorsed upon, delivered with or referred to in such order, specification or like document will have effect to the exclusion or amendment of the Contract Terms.

QUOTATIONS Any quotation issued will remain open for acceptance for 30 days from the date of issue.

DELIVERY

1.1 The Seller will endeavor to deliver the goods or materials to be supplied under the Contract (‘the Goods’) within the time agreed and if no time is agreed within a reasonable time, but in no circumstances will the Seller be liable for loss or damage of any kind whatsoever caused directly or indirectly by any delay in the delivery of the Goods, nor will any such delay entitle the Buyer to cancel or rescind the Contract.

1.2 The Seller will be entitled to make delivery by instalments

1.3 Unless otherwise agreed delivery will be made to the Buyer’s premises set out overleaf (provided the same are within the United Kingdom) in accordance with the Seller’s standard procedure and the contract price is calculated on that basis. Delivery >by any other method requested by the Buyer and agreed to by the Company will be paid for by the buyer.

1.4 No claim for damage or shortages will be considered unless the Seller is advised in writing within 7 days of delivery. Where the Goods are not delivered by the Seller any claim for damage or shortages shall also be notified to the carriers by the Buyer in the manner and within the appropriate time limit prescribed by the carriers’ terms and conditions.

1.5 No claim for non–delivery will be considered unless the Seller is advised within 14 days of the date of the Seller’s invoice. 3.6 In the event of failure by the Buyer to give the appropriate notice or notices as specified in clause 3.4 and 3.5 above, the Buyer’s claim will be deemed to have waived and will be absolutely barred.

GUARANTEE & EXCLUSION CLAUSES

2.1 In respect of Goods manufactured by the Seller, the Seller will within a period of 12 months from the date of dispatch repair or at its option replace any Goods which are proved to the satisfaction of the Seller to be defective in material or workmanship Provided Always that this obligation will not apply.

2.2 The Seller will be under no liability under the Contract for any personal injury, death, loss or damage of any kind whatsoever, whether consequential or otherwise including but not limited to loss of profits and the Seller hereby excludes all conditions, warranties and stipulations express or implied, statutory, customary or otherwise which but for such exclusion would or might subsist in favour of the buyer except that such exclusion will not apply to any implied condition that the Seller has or will have the right to sell the Goods when the property is to pass.

2.3 In no circumstances will the Seller or its servants, agents or sub–contractors be liable for any loss or damage of any kind whatsoever (except arising from the death or personal injury) whether consequential or otherwise caused directly by any negligence on the part of the Seller or on the part of any of its servants, agents or sub– contractors in connection with or arising out of the manufacture or supply of the Goods or in connection with any advice or statement given or made by or on behalf of the Seller.