For the purpose of these Terms & Conditions “the company” shall mean Express Toughening Ltd of 51-55 Fowler Road, Hainault Business Park, Essex, IG6 3XE and any of its subsidiary or associated companies.
The expression “the Customer” shall mean the company, firm or individual placing the order with the company. In the event of any misdescription of the Customer and in particular (without prejudice to the generality of the foregoing) in the event that the Customer shall fail to disclose the existence of a limited liability company, then the Company shall be entitled to treat any individual signing or placing either in person or by telephone the said order as the Customer.
Any quotations submitted are conditional upon acceptance in writing by the Customer within 30 days of submission. The company reserve the right to withdraw or alter the quotation without notice at any time before acceptance. All quotations are based upon work being carried out in standard lead times unless otherwise stated. Any additional requests shall be charged additionally.
All orders are accepted subject to these Terms & Conditions which prevail over any conflicting Terms & Conditions of the customer unless otherwise specifically agreed in writing by the Company. Any orders placed with the Company are deemed to create a binding agreement between the company and the customer incorporating these Terms & Conditions whether specifically accepted or otherwise.
The Customer is responsible to specify their requirements clearly on their order. Once the order is received production will commence and the customer will not be entitled to reject or amend the order provided by the Company unless there is an obvious difference between the order and he product supplied.
a) Order amendments will only be accepted in writing and may be subject to administration charges at the discretion of the Company.
b) Order cancellation will only be accepted without charge provided that no work has begun. Work carried out prior to cancellation shall be charged on a quantum merit basis save that cancellation will not be accepted on any order which has been substantially completed.
All prices are subject to alteration without previous notice and all orders shall be accepted subject to being invoiced at price ruling at the date of dispatch, unless otherwise agreed in writing between the Company and the Customer.
Delivery dates are provided in good faith but are estimates only and the company will not accept any liability or blame in the event of delayed delivery in whole or in part caused by reason of fire, explosion, strikes, lock-outs, accidents, industrial disturbance, the total or partial stoppage in its works, inability to obtain materials from its suppliers, delays in transport or, without prejudice to the generally of the forgoing any other cause beyond its control.
Delivery will normally be made by the Company or its agent carriers to the customer. Delivery to site will only be affected by special arrangement between the Company and the Customer for which the company reserve the right to make additional charge.
If goods are not available to be received by the customer within one month from invoice the Company reserve the right to charge a storage fee on a monthly basis.
The company reserve the right to charge for any stillages or frames not returned.
Claims in respect of non-delivery of goods must be notified to the Company in writing with 14 days of the date of dispatch. Delivery by the Company to carriers (whether such carriers are arranged and to be paid by the Company or the Customer) shall be deemed to be delivery to the customer and the Company shall be entitled to prove delivery to the customer by production of proof of delivery to such carrier.
Claims in respect of goods damaged in transit must be notified both to the carriers and to the Company in writing not later than the third day following the date of delivery of such goods. Similar notification should be made of claims in respect of pilferage.
7.1 Defective Products
In the event of any complaint that any goods delivered to a customer do not comply with the order or otherwise defective, either as regards materials used or method of manufacture or otherwise, then it is a condition precedent to the consideration by the Company of any such complaint that the customer shall :-
Immediately and promptly notify the Company in writing of the nature of such complaint as soon as it comes to the notice of the customer and in any event not later than 3 days from the date of delivery of such goods to the customer, and
Afford to the Company or its servants or agents all reasonable facilities for inspection and testing of the goods complained of.
No claim under this Clause will be entertained by the Company unless the foregoing Conditions are strictly complied with. Any such goods may be at the opinion of the Company and in its sole discretion, either:
a) be replaced so as to comply with the order, or
b) the company may retake the same and make a monetary allowance not exceeding the amount of the purchase price of such goods to the customer, orc) the Company may repair the same.
In the event of replacement and redelivery the customer shall not be entitled to any further claim, deduction or allowance.
8.1 Property and Risk
The property in the goods supplied by the Company to the Customer shall remain in the Company until payment in full of the total price thereof and any other payments due to the Company from the customer have been made, but the risk therein and all liability to third parties in respect thereof shall pass to the customer on delivery.
If payment of the total price or other sums is not made on the due date in accordance with terms expressed in the Company’s Acceptance of Order or if the customer shall appoint a Receiver or have a Receiver appointed to it shall call a meeting of creditors for the purpose of a voluntary winding-up or shall be the subject of a petition for compulsory winding-up of the Customer then the Company shall have the right with or without prior notice at any time to retake possession of the whole or any part of the goods (and for that purpose to enter upon and into any premises occupied by the Customer) without prejudice to any other remedy of the Company.
The company shall be entitled to maintain a claim and/or commence an action against the customer for the price of the goods sold by the Company to the customer notwithstanding that the property in the goods shall remain in the Company pursuant to the provisions of Condition 8.1 hereof. The making of any claim for the price by the issue of an invoice, by correspondence, by the commencement of the proceedings or the obtaining of any Judgement in such proceedings shall not negative or prejudice or in any matter affect the Company’s property in the goods and/or its right to re-take possession of the goods at any time until the Company shall have received payment in full of the sale price of the goods.
Where templates are required it is the responsibility of the Customer to ensure that they ae accurate and of good quality material. Written or verbal amendments will not be accepted.
The company work in accordance with industry standards. No claim for any product reported to be outside of the agreed dimensional tolerances can be accepted unless the item is available for collection and inspection by the Company.
If the Customer has a credit account payment shall be due on or before the day due as per the credit terms agreed. If the Customer makes a default on payment all other invoices raised by the company will be deemed to be due and become immediately payable in full.
If the customer does not hold a credit account the full purchase price shall be paid before the company begin production.
If the customer fails to make payments when due the company may under the contract suspend any further deliveries and/or processing new orders until payment is received.
Credit facilities can be withdrawn or reduced at any time at the sole discretion of the Company.
The Company will not be responsible for any loss of profit or any other losses or expenses indirect consequential or contingent attributable to defects in the goods supplied under this contact their manufacture or otherwise.
No purported variation of these terms and no representations made as to the time of delivery or any matter or thing affecting any contract between the Company and its customers shall be valid as against the Company or subject the Company to any liability of any kind unless in writing and signed by an authorized officer of the company.
12.1 Notice to Third Parties
All purchasers of the Company’s goods for resale undertake and agree to bring fully to the notice of all persons whomsoever with whom they may at any time deal the terms of these Conditions of sale.