Terms & Conditions

Conditions of sale

1. Cost variation, quotations are based on the current costs of production and are subject to amendment by us on, or at any time after acceptance, to meet any rise or fall in such costs.
2. The seller shall not be liable for: a) failure to perform any obligation hereunder if such failure was caused by circumstances beyond the seller’s control or b) delay howsoever caused in performing any obligation hereunder.
3. Each delivery shall be considered a separate transaction and the failure of any one delivery shall not affect the due performance of the contract.
4. All claims for damage to or loss of goods in transit must be submitted within 48 hours of receipt by the buyer (or the buyer’s agent).  In the absence of claims within this time the goods shall be deemed to have been delivered in accordance with the contract.
5. All warranties and conditions, express and implied, statutory and otherwise, as to the quality of the goods or their fitness for any purpose are hereby excluded and the seller shall not be liable for any loss, injury or damage arising directly or indirectly from the use, application or storage of such goods.  Without prejudice to the above the seller will be prepared to consider claims concerning the quality of the goods provided that such claims are notified to the seller within 30 days of receipt of the goods by the buyer.
6. The seller may, without prejudice to its other rights and remedies, terminate this contract if either there shall be any breach by the buyer of any terms or condition hereunder or the financial responsibility of the buyer shall, in the opinion of the seller, become impaired or unsatisfactory.
7. Where the buyer has specified that the goods shall be of a certain colour or size, such specification shall be subject to reasonable commercial variation, other than where specifically agreed with the seller.
8. The construction, validity and performance of this contract shall be governed by the internal law of Scotland.
9. When goods are made or adapted by the seller in accordance with the buyer’s specifications the buyer shall indemnify the seller against all costs, claims and expenses incurred by the seller in respect of the infringement or alleged infringement by such goods of any patents, registered designs, trade marks or other rights belonging to third parties.
10. It is a term of this contract that the buyers shall pay all sums due to the seller on the date specified in the invoice for payment and if they fail to do so the seller may a) suspend deliveries under any or all contracts with the buyers while the buyers are in arrears and/or b) give notice in writing that if any such sum or such sums shall remain unpaid for 14 days any or all such contracts may be cancelled and if all such sums are not paid in that time may by a further notice treat any or all such contracts as determined and claim damages as for wrongful repudiation by the buyers.  If the seller believes the buyers to be insolvent it may suspend deliveries until special terms of payment are agreed.
11. The goods shall remain the seller’s property until the seller has received payment in full therefore and the buyers shall until such payment has been made in full, if the seller so requires, keep the goods marked and/or seperately stored so as to be clearly identifiable as the seller’s property.  If the goods are mixed with, or incorporated or processed by the buyers into other articles, such articles shall from the time that they come into being become the seller’s property until such payment has been made, and shall if the seller so requires to be marked and/or stored by the buyers as aforesaid provided that the risk of loss or damage to the goods shall pass to the buyers in accordance with Condition 5.  The buyers shall not be precluded by this Condition from reselling the goods for their own account in the normal course of business and the buyers shall indemnify the sellers against any claims by third parties provided the proceeds of any such resale shall be held by the buyers in trust for the seller until the seller shall have been paid in full and the buyers shall whenever so required by the seller assign to the seller all their rights against third parties in connection with the goods or articles incorporating or made from same.
12. Variations in gauge, size and quantity.  Every endeavour will be made to deliver the correct specification ordered, but quotations are conditional upon the normal trade tolerance for overs and shortages, the same to be charged for or deducted.
13. Settlement of all invoices to be made within 30 days of date of invoice.
14. This Agreement shall be interpreted in accordance with the Law of Scotland and any dispute, difference or question of any kind which may arise between the parties shall be determined in accordance with the Law of Scotland and the parties hereby prorogate the non-exclusive jurisdiction of the Scottish Courts.