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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%.
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