T W BRACHER & CO LTD
TERMS AND CONDITIONS OF SALE

1. Unless expressly accepted by the Sellers in writing any qualification to the conditions appearing in a Buyer’s order will be treated as inapplicable and not binding on the Sellers in any way whatsoever.

2. The Sellers shall not be liable in respect of any claim for damage in transit or loss through damage in transit unless the Sellers are notified in writing within 3 days of the arrival of the damaged consignment or any claim for short or non-delivery unless the Sellers are notified of non-arrival within 21 days of the date of invoice.

3. In the event of any complaint in respect of goods delivered, notice, including full details, must be given to us within 14 days of delivery and a reasonable opportunity for us to examine the goods before any claim can be entertained. If any defects in the goods are found to exist we will replace those goods, or the defective part, free of charge; but we accept no liability for any consequential loss, damage or injury attributed to the use of such goods. In particular no claims will be considered after the goods have been cut up, treated, processed or resold. Any recommendations or suggestions relating to the use of the goods made by us are given in good faith; but it is for you to satisfy yourself as to the suitability of the goods for your purpose.

4. These goods are supplied on the understanding that the Buyer will carry out tests prior to bulk production to ensure suitability of the goods for the Buyer’s needs

5. The time named for delivery shall be adhered to as closely as possible but no responsibility is accepted by the Sellers for unforeseen delays. The Sellers accept no responsibility for delay caused by force majeure, plant breakdown, shortage of raw materials, strikes, lock-outs or other circumstances outside the Sellers control.

6. Should default be made by the Buyer in paying any sum due under any order, as and when it becomes due, the Sellers have the right (without prejudice to any claim for damages that the Sellers may have against the Buyer) either to suspend all further deliveries until the default be made good or to cancel the Order so far as any further goods remain to be delivered. On balances outstanding interest at bank rate plus 5% may be charged.

7. The Sellers will maintain the quoted price but reserve the right to amend this if there are fluctuations in the price of raw material or cost of labour.

8. The Sellers shall have the right, after notice, to suspend deliveries under this and any other contract (even though the Buyer is not in arrear with any payment) where the Sellers consider the amount outstanding in the Buyer’s account (whether actually due for payment or not) is the limit to which the Sellers are prepared to allow credit.

9. If the Buyer defaults in taking delivery, or giving instructions as to delivery, of any goods after the Sellers have given notice in writing requiring him to do so, the Sellers shall be entitled either: to store the goods themselves, making a reasonable charge to the Buyer for such storage; or to store the goods with third parties, charging the cost of such storage to the Buyer, and in either event to charge the Buyer with all costs of insurance, handling and other expenses incurred.

10. Notwithstanding delivery, the property in the goods shall remain in the Sellers until the Buyer has paid fully all that is owing to the Sellers, in respect of goods supplied under this contract. If such payment is overdue in whole or in part the Sellers may (without prejudice to any of their other rights) recover, or resell the goods and may enter upon the Buyer’s premises for that purpose. If any of the goods are incorporated in other goods before such payment, the property in the whole of such other goods shall be transferred to and remain with the Sellers until such payment has been made.

11. Moulds and tools whether charged for separately or included in the quoted price, remain the property of the Sellers.

12. Where widths are quoted they are nominal only and actual widths may vary up to +/- 3% unless otherwise specifically agreed.

13. Terms of Payment: Nett monthly – payment due end of month following month of despatch.

14. The Contract shall be governed and construed by the Law of England.

ISSUE B