1. BUYER'S CONDITIONS OF PURCHASE
The Sellers acceptance of any order of the buyer is subject to these printed conditions of sale and will assume full knowledge by the Buyer of these conditions. No variation of conditions or cancellation of order is accepted unless agreed by the Seller in writing.
a) The time given for delivery is calculated from the date or our confirmation
b) Where delivery is to be made by instalments each delivery shall be deemed to be and treated as a separate Contract and the failure of any delivery shall not vitiate the Contract as to other deliveries.
Such scheduled deliveries shall complete the Buyers order within 12 calendar months from the date of order instructions. Payment of each invoice on the due date to be a condition precedent to future deliveries. The sellers shall not incur any liability or be responsible for any loss or damage sustained by the purchaser, arising out of, or in consequence of, any of the following matters: any interruption in the source of supplies, holding up or delay in shipment or deliveries beyond their control, any prohibition of import or export, the seizure or stoppage or requisition of shipment or vessels, or in any war, riot, civil commotion, labour disturbance, trade dispute, strike or lock-out, stoppages, fire, flood, accident, casualty, failure or shortage of material labour, fuel, gas, electricity, manufacturing requisites or transit or any other
cause of any kind whatsoever beyond their control. d) We shall use our best endeavours to complete by the date shown but we cannot accept responsibility for delays due to factors
over which we have no control.
3. PASSING OF PROPERTY AND RISK TO BUYER
a) Unless otherwise provided the risk in the goods covered hereby shall remain with the seller until the point of delivery named in the Contract or invoice and in the absence of written advice from the buyer to the carrier and the seller as described in Condition 4 below, the goods shall be deemed to have been delivered complete and in a satisfactory condition and the property and risk in them transferred to the buyer.
b) The goods shall remain the property of the seller until payment is received in full.
4. NOTIFICATION OF NON-DELIVERY, LOSS OR DAMAGE TO GOODS
The buyer must advise the carrier and the seller in writing within the following time limits:
i) When despatched by road transport in Great Britain. Within 3 days of despatch.
ii) When despatched by rail or water in Great Britain. Within 21 days of despatch.
The contract price is based on the cost of raw materials, labour and transport ruling at the date of our quotation, and should any variation occur between the date of acceptance and completion we reserve the right to amend our prices accordingly.
In the event of customers' official forms containing special printed conditions it is understood that such conditions are only binding so far as they are not at variance with our own terms and conditions.
No retention's allowed unless specifically agreed.
8. SPECIAL ITEMS
We cannot bind ourselves to a firm delivery date for the manufacture of special items or designs undertaken at the customer's request.
9. RECEIPT OF GOODS
Any damage or shortage should be noted on the delivery notes. The company cannot accept responsibility for items, which are not so noted upon receipt.
10. ADDITIONAL CONDITIONS
All Invoices are due for payment as per our agreed terms. Any Invoice outstanding beyond this period will be referred to our nominated debt collection agent and will be subject to a surcharge of 15% plus vat to cover the collection costs incurred. This surcharge together with all other charges and legal fees incurred will be the responsibility of the customer and will be legally enforceable.
11. The Contract shall be governed by ENGLISH LAW.
Neutrik warrants all products for twelve (12) months from date of shipment to the Distributor against defects in material and workmanship and such defects shall be repaired by the Distributor and Neutrik shall reimburse the Distributor for the cost of parts used, at landed cost price, plus the cost of labour at a rate to be agreed upon. Each warranty repair performed by the Distributor shall be substantiated and all records shall be available to Neutrik upon request. If requested by the Distributor, Neutrik shall undertake to make any and all repairs to defective and/or damaged products or parts, and Neutrik shall repair and reship such products or parts, or new parts in replacement thereof, back to the Distributor within three (3) months upon receipt of the same. All shipping expenses and import duties on warranty repair shipments to Liechtenstein shall be borne by Neutrik, and the Distributor will bear the expenses of import duties and delivery charges of the repaired or replaced products or parts back to the Distributor. All out of warranty product repairs on Neutrik products which the Distributor requests Neutrik to do shall be done by Neutrik for a reasonable charge and/or agreed upon flat repair rate. The shipping and freight expenses to and from Liechtenstein shall be borne by the Distributor and the time schedule detailed in the preceding paragraph shall govern.