CONDITIONS OF SALE
1. All sales are made subject to the terms and conditions printed below and shall not be altered in any way whatsoever except where agreed in writing by Quartz Fabrications Ltd.
2. Illustrations, descriptive matter, catalogues or other advertising material are for information purposes only and shall not form part of the contract in any way whatsoever.
3. All specifications, tolerances, dimensions, colours are subject to the relevant Standard and/or normal manufacturing tolerances.
4. The sellers shall not be responsible for any loss, damage, delay or non-performance arising whether directly or indirectly from a cause or causes outside Sellers control in any manner whatsoever.
5. In the event of the Buyer requesting the Seller accepting delay in delivery in excess of thirty days then payment becomes immediately due for any goods already manufactured.
6. No claim for shortage will be entertained unless the delivery note / collection note or carriers note is endorsed accordingly and the Seller is notified in writing by 5pm on the next working day following the day of delivery. No claim for damage will be entertained unless the Seller is notified in writing by 5pm on the next working day following the day of delivery, or by endorsing the delivery note accordingly. Goods that are not required or have been ordered incorrectly by the Buyer will only be accepted for return provided The Seller is notified in writing within 5 working days from the date of delivery. The Seller reserves the right to apply a re-stocking charge of between 25% - 40%.
7. In the event of any claim for quality/manufacturing defect the Buyer will arrange adequate inspection facilities for Sellers and will ensure goods are stored fully protected.
8. Sellers liability for any claim is limited to the selling price of the goods and they shall in no manner whatsoever be liable for any consequential loss or other damage of any nature caused by or connected with any defects in the goods.
9. Ownership of the goods sold shall not pass until payment of the total amount owed by the Buyer in respect thereof has been made to the Seller.
10. Payment unless otherwise agreed in writing is due on a COD basis. In event of non-payment interest becomes due from the date until payment is received and shall be calculated on the base rate plus 3 per cent. Such interest claimed will not prejudice the Sellers option to obtain payment of all amounts due by any means whatsoever.
11. Failure by the Buyer to pay for any goods by the due date entitles the Sellers at their option to cancel any unshipped balances without prejudice to their right to damages.
12. The Buyer accepts that this contract does not constitute a consumer sale and the exclusion of the warranties that would otherwise be implied by the Sale of Goods Act (and subsequent amendments) is fair and reasonable in all circumstances.
13. This contract shall be governed by the Laws of England and the Buyer accepts the exclusive jurisdiction of the English Courts in relation to any dispute which may arise in connection with this contract.