The Supplier means Longwear Alloys Ltd.
The Purchaser means the firm or company who has contracted to buy the goods.
The Contract means the agreement reached between the Purchaser and the Supplier for the provision of the goods or services.
The Goods means the materials, equipment or services provided by the Supplier.
The conditions are the sole conditions upon which the Supplier is prepared to deal with the Purchaser. All other terms, conditions or implied other conditions are excluded from all contracts.
The Supplier reserves the right to adjust any quoted prices due to cost fluctuations in, for example, raw materials or exchange rates before completion of the contract or payment whichever is later.
The Supplier reserves the right to issue the Purchaser with supplementary invoices at current bank rate +3% in the event of payment from the Purchaser being delayed beyond the agreed payment terms.
Where payment against any contract or part thereof is overdue the Supplier reserves the right to withhold further deliveries against the contract until payment has been made. Where payment is severely delayed the Supplier reserves the right to cancel the contract without liability on the Supplier.
All risk in the goods shall pass to the Purchaser upon delivery or upon readiness if Purchaser is unable to take delivery on the contracted date. Delivery to a third party nominated by Purchaser shall satisfy Supplier’s obligation to the Purchaser.
The Supplier shall remain the legal and beneficial owner of the goods until payment in cleared funds has been made to the Supplier.
In the event of payment default the Supplier is entitled to repossess the goods from the Purchaser’s premises or any third party’s premises at the Purchaser’s expense.
The date of readiness of the goods or services is the best estimate of such date but the supplier reserves the right to amend such date without notice or cost to the supplier. Part shipments shall be permitted and each part shipment shall be subject to these terms and conditions.
Where the Purchaser is unable or unwilling to take delivery in accordance with the contracted date storage costs and other consequential costs arising from his inability to accept delivery will be met by the Purchaser.
The Purchaser agrees to ensure the prompt discharge and turn around and re-despatch where applicable of any transport relating to the contract organised by the supplier and to indemnify the Supplier or the Supplier’s agent against any loss or liability arising from any delay in such discharge or turn around or re-despatch.
Goods in transit will be insured specifically at the Purchasers request and cost. In the event of loss or damage to goods after shipment under this contract but before arrival at the contracted destination the Purchaser will make payment against the document representing the goods in accordance with the payment terms of the contract. In circumstances where the carrying transport is lost payment shall be made immediately the loss of such transport has been established.
All conditions and warranties express or implied, yet not included in the contract, pertaining to quality or fitness for purpose are hereby excluded.
In the event that the Supplier is in breach of the contract due to non performance established by the Purchaser and accepted by the Supplier, the Supplier must either replace the goods or repay the purchase price provided that the faulty goods are returned to the Supplier at the Purchaser’s expense.
In the case of any breach of contract whatsoever the aggregate liability to the Supplier shall not exceed the price of the contract or part thereof where the breach has occurred.
Any specific performance guarantee in the contract relating to the goods or services provided by the supplier will only be valid on the understanding that the Purchaser has provided accurate data on the precise operating conditions and environment in which the goods or services will be operating.
The Purchaser must carry out all tests and examination of the goods as are reasonably practicable to ensure that when used the goods are safe and without risk to health and comply with all current and previous laws and regulations.
The Purchaser shall indemnify the Supplier against any loss or expense arising from failure by the Purchaser to obtain in due time a relevant import licence or permit relating to the import of any goods the Supplier has contracted to supply.
The Purchaser hereby accepts a variation of +/- 10% in respect of the weight of goods actually supplied by comparison with the weight indicated on the contract.
The Purchaser is deemed to accept the Supplier’s declared weights and the Supplier will accept no liability for claimed short weight unless reasonable opportunity is afforded for reweighing within 7 days of delivery.
When the Supplier is processing free issue material from the Purchaser, the Supplier does not accept liability for the resultant composition, nor the yield, nor the structure of the remelted material. The Purchaser must ensure that the material to be melted is clean, free from contamination and in a form that can be melted readily without infringing Health & Safety current regulations. The Supplier reserves the right to refuse to accept any batch or part thereof that fails to meet the Suppliers requirements without cost to the Supplier.
Where the Purchaser requires the Supplier to make additions to the free issue materials, such additions will be invoiced at the current market rate.
It is the responsibility of the Purchaser to ensure that he has adequate insurance for free issue material at all times.
When required the Supplier will provide a test certificate at the Purchaser’s expense showing the chemical composition and gas levels which will be determined from a sample poured at the same time as the ingots.
Any claims from the Purchaser against the Supplier relating to quality, weight or any other variance from the contracted supply must be made in writing within 30 days of the date of delivery. Where the goods have been used, converted, or sold on, this will be deemed as acceptance and approval of the goods.
The Supplier is not liable for any loss or damage caused by delay in performance or none performance of any of its obligations the cause of which is beyond the Suppliers reasonable control.
Should any such event occur the Supplier at his option is entitled to suspend or cancel the contract without incurring any liability whatsoever.
Any contract between the Supplier and Purchaser is governed by English Law and any dispute between the parties can only be settled in an English court of law.
Any dispute or claim emanating from the contract between the Supplier and the Purchaser shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce. Such arbitration shall be effected in the UK in the English language.