TERMS AND CONDITIONS OF SALE
1.1 In these conditions:
- “Company” means Seamless Aluminium
- “Customer” means the purchaser of Goods from the Company.
- “Goods” means all goods sold and/or delivered by the Company to the Customer.
- “Terms” means these terms and conditions of sale.
2.1 These Terms apply to all contracts for the sale of Goods by the Company.
2.2 No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
2.3 The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the goods other than as contained in these Terms.
3.1 Prices are determined at the time of order and, prior to payment of the deposit, are subject to change without notice.
4.1 Payment for goods supplied shall be made in accordance with the terms referred to on the face of the invoice.
4.2 All payments to be made to Seamless Aluminium Ltd.
5.1 Any time or date named by the Company for delivery is given and intended as an estimate only and the Company shall not be liable to make good any damage or loss whether arising directly or indirectly out of the delay in delivery.
5.2 Deliveries may be wholly or partially suspended and the time of such suspension added to the original contract in the event of a stoppage, delay or interruption of work in the establishment of either the Company or the customer during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident or any cause whatsoever beyond the control of the Company or the customer respectively.
5.3 The company accepts no responsibility for any item(s) delivered by a third party such as a designated courier.
6. Cancellation of Order
6.1 Once an official order has been received either verbally or in writing, a contract is deemed to have been entered into between the Company and the customer. Cancellation of the contract will be at the discretion of the Company. A cancellation will not be accepted in any circumstances where a product has been specially made to fill the order.
7. Risk and Title
7.1 Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.
7.2 Risk in the products supplied shall pass to the customer when the Company provides the products to the carrier for delivery to the customer, or where applicable when the customer or its nominated carrier collect the products from the Companies premises.
8. Return of Goods
8.1 It is our general policy not to accept return of goods.
9. Defective Goods
9.1 Unless the Customer has inspected the Goods and given written notice to the Company within 2 days after collection or delivery that the Goods do not comply with the relevant specifications or descriptions, the Goods are deemed to have been accepted in good order and condition.
9.2 If returned to the Company and accepted by them as defective, will at the request of the customer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.
9.3 We cannot guarantee an exact colour match in the case that it will be ordered at a later stage.
9.4 Batch numbers must be retained.
10.1 All Goods supplied are covered by such warranties as are specified by the manufacturer and supplied subject to the product standards detailed by the manufacturer.
10.2 On discovery of any defect in the Goods, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Goods without first obtaining the written consent of the Company to do so.
10.3 The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
11.1 The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
12. Force Majeure
12.1 The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.)
13. Waiver of Breach
13.1 No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.
14.1 If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.