Term and Conditions
This information is provided "as is" and Chrome Nickel Alloys Limited makes no warranty of any kind with respect to the subject matter or accuracy of the information contained herein. Chrome Nickel Alloys Limited specifically disclaims all warranties, expressed, implied or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose.
In no event shall Chrome Nickel Alloys Limited be liable for any special, incidental, indirect or consequential damages of any kind or any damages whatsoever resulting from loss of use, data, profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use of the information contained herein.
This publication may include technical inaccuracies or typographical errors. Changes may be periodically made to the information herein.
Conditions of Sale
Except where otherwise stated delivery may at seller’s option be by instalments in all cases where seller is entitled or bound to deliver by instalments, defective delivery of one or more instalments or failure to delivery one or more instalments shall not entitle buyer to cancel or reject subsequent instalments. Where instalments deliveries are made to the request of buyer, packing charges quantity extras and minimum charges, if applicable shall be based on the instalments requested.
DATE OF DELIVERY
Any date specified by seller for delivery is intended as an estimate only. Buyer shall not be entitled to reject the goods on the ground of late delivery nor shall seller be liable in damages for the consequences of delay in delivery unless buyer shall have suffered loss and unless the amount payable is in respect of such loss suffered by buyer shall have been previously agreed in writing as liquidated damages in which case seller’s liability shall be limited to the amount so agreed to be paid and such liquidated damages shall represent seller’s total liability for delay.
Any price specified by seller is unless otherwise stated, sellers price ruling at the time of such specification and is subject to modification. The contract price shall be seller’s price ruling at the time when the goods are despatched from seller’s works or warehouse. Except where otherwise stated duties and taxes paid, any such duties and taxes subsequent to the date of the contract shall be account of buyer.
DELIVERY TITLE AND RISK
Risk in the goods shall pass to the buyer on delivery. No property in any of the goods sold hereunder shall pass to the buyer until all amounts of any nature due or falling due from buyer to seller shall have been paid in full, provided that if buyer shall in good faith and in the ordinary course of business resell the whole or any part of the goods sold hereunder, the property in the goods (or part there of) shall pass to buyer at the same time as to the purchaser under such sub-sale.
INSURANCE AND CUSTOMS DECLARATIONS
Where goods are sent by seller to buyer in circumstances in which it is usual for buyer to insure, seller shall be under no obligation to give such notice to buyer as may enable buyer to insure the goods during transit. Unless otherwise agreed where the goods are sold f.o.b f.o.t or f.o.r shall be deemed to mean the delivery of the goods into the custody of the carrier of his agent shall be a sufficient delivery under the contract.
Seller warrants only that the goods comply with their agreed specification (if any). Any goods shown to be of faulty quality or workmanship will, whatever practicable be replaced as originally ordered provided that the buyer has notified the seller of any suspected defect within 28 days after the discovery of such defect and, if so requested by seller, has returned the good to the seller, the expenses return from within the United Kingdom being for seller’s account. If replacement is not practical the price paid by buyer for the goods will be refunded or credited to buyer.
CLAIMS IN RESPECT OF SHORT WEIGHTS
Unless claims for short weight are made in writing to seller within ten days of the receipt of the goods at the first place at which inspection by buyers is practicable, seller shall not in any event by liable therefore delivery by seller of a wrong quantity of the goods shall not entitle buyer to reject more of the goods than any excess quantity delivered.
If events beyond the control of the seller of buyer (including without limitation to the foregoing words, wars civil disorders, strikes, lockouts, trade disputes, shortage of raw materials or supplies and governmental action) prevent or hinder the manufacture, delivery or acceptance of the goods delivery may be suspended in whole or in part and seller or buyer, as the case may be, shall immediately give notice in writing thereof to the other party, Suspension of delivery shall continue as long as manufacture, delivery or acceptance of the goods is so prevented or hindered, and the original time for delivery shall be extended by the period of any such suspension. If such suspension continues for longer than ninety days in respect of any goods either party shall have the option to terminate the contract with regard to such goods. Neither party shall be liable for any loss caused to the other party such suspension or termination except that where seller has incurred expenditure due to the special nature of buyer’s order. Seller shall be reimbursed such expenditure.
If buyer shall make a default in or commit any breach of any of its obligations to seller or is any distress or execution shall be levied upon buyer’s property assets or if buyer shall make or offer to make any arrangements or composition with creditors, or commit any act of bankruptcy, or is any petition or receiving order in bankruptcy shall be presented or made against buyer, or if buyer shall be a limited company resolution or petition to wind up such company’s business (other that for the purpose of reconstruction or amalgamation) shall be passed, or if a receiver of such company’s undertaking, property or assets or any part thereof shall be appointed, or if in the case of buyer having its principal place of business outside the United Kingdom the equivalent of any of the foregoing events according to the buyers national law shall have occurred, seller shall have the right forthwith determine the contract and upon written notice of such determination being posted by it to buyers last known address, the contract shall be deemed to have been determined without prejudice to any rights of either party accrued prior to the date of such termination.
Any disputer under this contract of any matter arising there under shall be referred for decision to a single arbitrator in London to be appointed by agreement between seller and buyer, or default or agreement by the president for the time being of the London Chamber of Commerce, which reference shall be deemed to be a submission to arbitration for the purpose of the Arbitration Act 1950, or any modification on re-enactment thereof for the time being in force.
Contracts shall be interpreted in accordance with and governed by the laws of England.
SELLER’S CONDITIONS SOLEY TO APPLY
Contracts are only entered into subject to the foregoing conditions of sale any amendment or addition thereto shall be of no effect unless expressly agreed to by seller in writing.