Terms and Conditions
Fine Controls (UK) Ltd, hereafter referred to as "The Company".
Subject to any special conditions agreed in writing the following Terms and Conditions apply to all contracts with the Company.
1. Price
Unless previously agreed in writing, the price shall be that stated in the Company’s invoice. Value added tax, freight and insurance charges, where applicable, shall be added.
2. Payment
Invoices shall be rendered when goods are despatched or ready for delivery if held at Customer’s request, and are payable forthwith. The Company understands and will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation if payments are not made according to agreed credit terms. Unless otherwise agreed in writing payment is due 30 days following the date of invoice.
3. Orders
No order which has been accepted by The Company may be cancelled by the buyer unless otherwise agreed in writing and on terms that the Company shall be indemnified in full by the buyer, against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred as a result of the cancellation.
4. Delivery
Delivery dates are given in good faith but the Company shall be under no liability in respect of any delay in delivery. If delivery is prevented by trade dispute or any occurrence outside its control, the Company may suspend delivery wholly or partially without claim by either side until three months after the removal of such cause. The contract may be cancelled without claim for damages or compensation by either side after suspension for six months. If the Customer does not accept delivery within one month of notification of readiness by the Company, the Company reserves the right to charge storage, handling and insurance additional to the price, but not be liable for any damage to or deterioration in the goods.
5. Call of Orders
If orders are accepted for delivery on call over a period, but are not called in full within a period of six months or such longer period as may be agreed in writing, the Company may treat the contract as repudiated by the Customer. Deliveries may be suspended by the Company until payment of the general balance of account for the time being owing to the Company by the customer is received in full.
6. Passing of Risk and Property
Shipment from the Company’s premises shall pass the risk in goods to the Customer, and the Company shall not therefore be responsible for loss of or damage to or deterioration in such goods. Nevertheless, until the whole price thereof has been received by the Company the property in the goods (each order being considered as a whole) shall not pass to the Customer, the property (but not the risk) in any other goods into which the goods are incorporated by the Customer shall pass to the Company, and the Company may enter the Customer’s premises to remove such goods. All monies received, or payments due in respect of the sale by the Customer of such goods shall be held in trust for the Company to the extent that the price due shall not have been received by the Company.
7. Guarantee
Goods are warranted to be of merchantable quality but no condition or warranty is given or shall be implied that goods are fit for any particular purpose, whether or not made known to the Company. The Company’s liability shall be limited to the replacement, making good or allowance for the price of any goods of its manufacture shown to be defective in materials or workmanship, and otherwise only to the extent of any guarantee to which the Company may be entitled in respect thereof. No such claim will be allowed unless notified to the Company within seven days of delivery, or at all in respect of goods altered, cut, or further processed after delivery. The Company shall not be liable for any further claim howsoever arising consequent upon the existence or occurrence of ant such defect.
8. Verbal Statements
No Statement, description, information, warranty condition or recommendation made verbally by any of the agents or employees of the Company shall or shall be construed to enlarge, vary or override in any way any of the above conditions.
9. Bankruptcy
If at any time after acceptance of the order the Customer becomes bankrupt or insolvent or compounds with his creditors or in the case of a limited company winding up proceedings are commenced the Company shall be entitled by written notification to terminate this contract and the Company shall be entitled to offset any agreed sums due to and from each party to this order.
10. Arbitration
Any difference or dispute arising between the Company and the Customer relating to the quality of or specification for the materials the subject of the contract may be referred by either party to a single arbitrator to be agreed upon between the parties or failing agreement to a single arbitrator with the knowledge of the trade to be nominated by the President for the time being of the Merseyside Chamber of Commerce, and the decision of the arbitrator shall be final and binding.
11. Proper Law
If it is deemed unlawful for the Company to supply goods then the contract will become invalid and the order cancelled. All expenditure incurred to date will be reimbursed to the Company by the customer.This contract shall in all respects be governed by the laws of England
