Untitled Document

All quotations, offers, acceptances and contracts of sale made by or on behalf of Hovat Ltd. ("The Company") are subject to the following terms and conditions. In the event of any conflict between these terms and conditions and those of a Buyer these shall prevail unless expressly agreed to the contrary in writing.

1. The Company shall not be liable for any loss or damages whatsoever arising from its failure wholly or in part to perform the contract by reason of (i) default by its Suppliers and failure by it to make arrangements with other Suppliers or (ii) any cause whatsoever beyond its control.

2. In no circumstances whatsoever shall the Company be liable for consequential loss.

3. Dates given for shipment or delivery are not to be created as conditions of sale, but will be kept to as closely as possible. No claim shall be made by Buyers on account of delays in shipment or delivery.

4. (a) The Price(s) agreed upon in the contract shall prevail unless before the date of despatch of the goods or part thereof there is either (in the case of goods included in any of the Company's current price list an increase in the Company's list price(s) for such goods above the list price(s) thereof in force when the order was accepted or (in the case of goods not included in any of the Company's current price list an increase in the Company's list price(s) for comparable goods above those in force when the order was accepted in which case the goods or the undelivered balance thereof shall be invoiced and paid for at the agreed price(s) plus the amount of the relative increase(s).

(b) All duties and charges are for the Buyer's account unless goods are sold on free delivery terms. Any increase to the Company in the cost of delivery (including carriage, freight, consular certificates and all duties charged and insured
whatsoever) over the cost thereof calculated by the Company at the date of the contract are for the Buyer's account whether the goods are sold on free delivery terms or not.

(c) If by any reason of any war, hostilities or warlike operations the cost to the Company of fulfilling the contract or any part thereof would exceed the cost calculated by the Company at the date of the contract, the Company shall give the
Buyers notice thereof and they the Buyers shall have the option (to be exercised in writing within 7 days of receipt of notice) of paying such excess in addition to the price payable under the contract or of cancelling the contract or any unfulfilled part
thereof without prejudice to the accrued rights of either party.

5. Deliveries made under the contract shall be deemed to have been made in respect of separate sales of each weight, description or quantity of goods which each such delivery may comprise. Unless otherwise specifically agreed in writing payment for each delivery is due on the date thereof and payment on that date or upon the date(s) otherwise so agreed shall be a condition precedent to any future deliveries.

6. In the event of any loss or damage or delay to any goods contracted to be delivered to the Buyer or their order by a carrier at their risk notice of the same shall be given to the Company in writing by the Buyers forthwith upon delivery of the goods to the Buyer (or in the case of loss of any goods at the time when the goods should have been delivered) and the Buyers shall at the same time take all the necessary steps to notify the carrier in writing of any such loss, damage or delay and shall in all cases where possible enter a note of the same upon the carrier's receipt.

If by reason of the failure of the Buyers to give any such notice as provided above, the Company are precluded from making a recovery from the carriers in respect of the loss, damage or delay complained of, then the Company shall not be liable to pay for the goods as though no loss, damage or delay had occurred.

7. Buyer's standard Conditions of Purchase shall not apply unless specifically accepted in advance in writing.

8. All disputes arising out of or in connection with the contract shall be referred to the arbitration in accordance with the provisions of The British Paper and Board Trade Customs 1974. Any claim whatsoever nature by the Buyers shall be notified to the Company and the Buyers Arbitrator appointed in writing before the goods are cut, printed or otherwise dealt with, where this provision is not complied with the claim shall be deemed to be waived and absolutely barred.

9. The British Paper and Board Trade Custom 1974 shall apply except insofar as may be inconsistent with the foregoing.

10. (a) Property in the goods shall pass to the Buyer when the Company receive payment in full for the goods. The risk of any loss or damage to or deterioration of the goods whether due to the negligence of the Company or otherwise howsoever shall be borne by the Buyer from the time when the goods leave the premises of the Company or if delivered direct from the premises of the manufacturer those premises, notwithstanding that they may be transported to the Buyer by the Company or by a carrier.

(b) Should the goods become constituents of or be converted into other products before the Company receives payment in full for the goods, the Company shall have the equitable and beneficial ownership in such other products as if they were solely and simply the goods.

(c) From the time that the said risk passes to the Buyer and until we receive payment in full for the goods, the Buyer will insure the goods with a reputable insurer and will hold all monies received by virtue of such insurance of the goods in trust for the Company.

11. The contract shall be interpreted in accordance with the laws of England.

12. We reserve the right to vary the quantity delivered against the Purchase Order by plus or minus 5%.


	All quotations, offers, acceptances and contracts of sale made by or on behalf of Hovat Ltd. ("The Company") are subject to the following terms and conditions. In the event of any conflict between these terms and conditions and those of a Buyer these shall prevail unless expressly agreed to the contrary in writing. 1. The Company shall not be liable for any loss or damages whatsoever arising from its failure wholly or in part to perform the contract by reason of (i) default by its Suppliers and failure by it to make arrangements with other Suppliers or (ii) any cause whatsoever beyond its control. 2. In no circumstances whatsoever shall the Company be liable for consequential loss. 3. Dates given for shipment or delivery are not to be created as conditions of sale, but will be kept to as closely as possible. No claim shall be made by Buyers on account of delays in shipment or delivery. 4. (a) The Price(s) agreed upon in the contract shall prevail unless before the date of despatch of the goods or part thereof there is either (in the case of goods included in any of the Company's current price list an increase in the Company's list price(s) for such goods above the list price(s) thereof in force when the order was accepted or (in the case of goods not included in any of the Company's current price list an increase in the Company's list price(s) for comparable goods above those in force when the order was accepted in which case the goods or the undelivered balance thereof shall be invoiced and paid for at the agreed price(s) plus the amount of the relative increase(s). (b) All duties and charges are for the Buyer's account unless goods are sold on free delivery terms. Any increase to the Company in the cost of delivery (including carriage, freight, consular certificates and all duties charged and insured whatsoever) over the cost thereof calculated by the Company at the date of the contract are for the Buyer's account whether the goods are sold on free delivery terms or not. (c) If by any reason of any war, hostilities or warlike operations the cost to the Company of fulfilling the contract or any part thereof would exceed the cost calculated by the Company at the date of the contract, the Company shall give the Buyers notice thereof and they the Buyers shall have the option (to be exercised in writing within 7 days of receipt of notice) of paying such excess in addition to the price payable under the contract or of cancelling the contract or any unfulfilled part thereof without prejudice to the accrued rights of either party. 5. Deliveries made under the contract shall be deemed to have been made in respect of separate sales of each weight, description or quantity of goods which each such delivery may comprise. Unless otherwise specifically agreed in writing payment for each delivery is due on the date thereof and payment on that date or upon the date(s) otherwise so agreed shall be a condition precedent to any future deliveries. 6. In the event of any loss or damage or delay to any goods contracted to be delivered to the Buyer or their order by a carrier at their risk notice of the same shall be given to the Company in writing by the Buyers forthwith upon delivery of the goods to the Buyer (or in the case of loss of any goods at the time when the goods should have been delivered) and the Buyers shall at the same time take all the necessary steps to notify the carrier in writing of any such loss, damage or delay and shall in all cases where possible enter a note of the same upon the carrier's receipt. If by reason of the failure of the Buyers to give any such notice as provided above, the Company are precluded from making a recovery from the carriers in respect of the loss, damage or delay complained of, then the Company shall not be liable to pay for the goods as though no loss, damage or delay had occurred. 7. Buyer's standard Conditions of Purchase shall not apply unless specifically accepted in advance in writing. 8. All disputes arising out of or in connection with the contract shall be referred to the arbitration in accordance with the provisions of The British Paper and Board Trade Customs 1974. Any claim whatsoever nature by the Buyers shall be notified to the Company and the Buyers Arbitrator appointed in writing before the goods are cut, printed or otherwise dealt with, where this provision is not complied with the claim shall be deemed to be waived and absolutely barred. 9. The British Paper and Board Trade Custom 1974 shall apply except insofar as may be inconsistent with the foregoing. 10. (a) Property in the goods shall pass to the Buyer when the Company receive payment in full for the goods. The risk of any loss or damage to or deterioration of the goods whether due to the negligence of the Company or otherwise howsoever shall be borne by the Buyer from the time when the goods leave the premises of the Company or if delivered direct from the premises of the manufacturer those premises, notwithstanding that they may be transported to the Buyer by the Company or by a carrier. (b) Should the goods become constituents of or be converted into other products before the Company receives payment in full for the goods, the Company shall have the equitable and beneficial ownership in such other products as if they were solely and simply the goods. (c) From the time that the said risk passes to the Buyer and until we receive payment in full for the goods, the Buyer will insure the goods with a reputable insurer and will hold all monies received by virtue of such insurance of the goods in trust for the Company. 11. The contract shall be interpreted in accordance with the laws of England. 12. We reserve the right to vary the quantity delivered against the Purchase Order by plus or minus 5%.		Back