Any order based on this tender is subject to the following conditions. This tender is open for acceptance (unless previously withdrawn) for not more than ninety days from the date thereof unless stated. It is subject to confirmation on receipt of order.
a) Unless the order is accompanied by sufficient information, drawings, and patterns to enable work to proceed forthwith, the seller is at liberty to amend prices quoted herein to cover increase in costs during the period of delay caused by the lack of such details.
b) Any alterations by the buyer in design, weight, quantities or specifications and any suspension of work due to instruction or lack of instructions will involve adjustment of the agreed or quoted prices, if the costs are affected thereby.
c) Prices quoted are for unmachined self-colour castings unless otherwise stated.
Prices quoted are net. Accounts are due for payment not later than end of the month following (the month of) despatch. When deliveries are spread over a period, each consignment shall be invoiced when despatched and each month's invoices shall be treated as a separate account and payable accordingly.
a) Where the buyer supplies patterns the quotations of the seller assume that such patterns are in good condition, true to drawing and entirely suitable for the seller’s methods of production and for the production of the castings in the quantities required.
b) For mutual benefit, when new patterns or equipment are to be made, the seller requires to be consulted.
c) Replacement of and alterations or repairs to buyers' patterns, or equipment due to normal wear and tear shall be paid for by the buyer.
d) Where patterns are not supplied by the buyer only such patterns as are specially made and separately charged in full shall become the property of the buyer when paid for.
e) Carriage on patterns and equipment supplied by the buyer will be paid by the seller in one direction only.
f) The seller takes all reasonable care to protect buyers’ patterns while they are on the seller’s premises but does not accept liability for any loss, damage or expense arising from any cause whatsoever which does not directly and solely result from a failure by the seller to exercise such reasonable skill and care.
g) The buyer shall be responsible for the custody of his patterns from which no castings have been ordered for a period of three years.
Unless otherwise specified, prices quoted include delivery to destinations in Great Britain, and, at the option of the seller, may be either:-
a) By goods Rail transport to the address stated on the buyer’s enquiry (or any equivalent address within the British Railways Board’s free cartage area) subject to British Railway Board's conditions unless otherwise agreed.
b) By Road transport, on suitable roads only, to the address stated on the buyer's enquiry and subject to Haulage Contractor's conditions. Extra cost of special delivery, at buyer's request, by passenger train or other express methods will be charged to buyers.
Time for delivery is estimated as accurately as possible, but it is subject to any delays or breakdowns beyond the control of the seller and is not guaranteed. The period specified for delivery on the seller's quotation:-
a) Is exclusive of any period occupied in making, altering, or adapting patterns or in any experimental work connected with the castings.
b) Shall commence only after the receipt of written instructions to proceed together with all necessary information, drawing, and ('if to be supplied by the buyer) pattern or equipment.
c) Shall (if a sample casting is to be subrnitted for buyer’s approval) commence only from date of receipt of written approval.
d) Owing to the difficulty of producing exact quantities of castings the seller reserves the right to deliver up to ten per cent in excess of the quantities ordered unless special agreement has been made to the contrary.
7. DAMAGE, SHORTAGE OR LOSS
The seller does not accept responsibility for any damage, shortage or loss in transit unless:-
a) Damage or shortage is notified in writing both to the seller and to the carriers within 3 days of receipt of goods and the goods have been signed for as "not examined" and have been handled by the buyer in accordance with Carrier’s conditions, or
b) Non-delivery (in the case of total loss) is notified both to the seller and to the carrier within the Carrier's permitted period.
Samples submitted will be payable by the buyer unless returned to the seller’s works, carriage paid, within one rnonth from the date of despatch. In all instances where the seller is working from a new pattern, an altered pattern, or a pattern fresh to the seller’s foundry, the seller may submit sample castings for approval before executing the bulk of the order, which will only be commenced on receipt of such approval in writing. Where small quantities only are required submission of samples will be made only if such is requested by the buyer at the time of placing the order.
Unless otherwise stated, the cost of supplying, machining, or testing all test pieces required by the buyer will be charged extra. When figures or particulars relating to physical or chemical properties are indicated, they are to be regarded as a general guide only, and constitute no guarantee from the seller unless specified margins have been agreed at the time of placing the order. Whilst every effort is made to provide sound castings no express or implied warranty is given by the seller as to the fitness or suitability of castings for any particular purpose whether such purpose is known to the seller or not.
a) The invoice value of any castings made by the seller and proved to be defective in workmanship or materials will be credited to the buyer, provided that the castings are returned to the seller within two months from date of despatch. Any such agreed defective castings will be replaced (and re-invoiced at the price credited) or made serviceable for their original purpose free of charge.
b) The buyer shall make every effort to ascertain any possible defects as soon as possible after delivery of the castings, including any necessary tests or inspection during or after machining. Immediately after discovery of any such defects or alleged defects, the buyer shall notify the seller in writing and give the seller a reasonable opportunity to take prompt measures to prevent a repetition of the defect.
c) Defective castings will not form the subject of any claim for labour, machining costs or other expenditure thereon or for resultant loss or damage arising out of any such defect.
d) Expenditure by the buyer on the salvaging of defective castings may be a matter for agreement between the buyer and seller, but in the absence of such agreement it shall not be chargeable to the seller and any such salvage operation shall not be proceeded with in any manner liable to prejudice the opportunity of the seller to take the earliest possible steps to avoid a repetition of the defect in any further castings he may be making.
e) No claim for free replacement or otherwise will be accepted in respect of any castings found to be defective through faults in the design or construction of patterns supplied by the buyer.
11. HEAD METAL
Any Head cast integral with the casting to ensure soundness and delivered to the buyer will be credited at the full casting rate if returned to the seller within six weeks from date of despatch.
Unless otherwise specified, packing cases and packing materials will be charged extra, but will be credited in full on return to the seller’s works, carriage paid, and in good condition within one month of receipt by the buyer.
Contracts for export will be subject to separate Conditions of Sale.
The buyer shall indemnify the seller against all damages, penalties, cost and expenses arising out of the infringement of any Patent Registered Design Trade Mark Trade Name of copyright or any claim to passing off involved in or arising out of work carried out in accordance with the buyer’s specification.
15. TITLE OF GOODS
Title of any goods supplied does not pass to the buyer until the invoice price is paid in full and all cheque payments cleared.