Definition of Terms
- "The Company" Anthony Peters Manufacturing Co Ltd
- ‘The Customer" Any Customer of the Company.
- "The Goods" Any Goods Forming The Subject Of This Contract.
Existence of Contract
- No contract shall come into existence until the customer’s order (however given) is accepted by the earliest of:
- At the companies confirmation of order.
- Delivery of goods.
- The company’s invoice.
- These terms and conditions shall be incorporated in the contract to the exclusion of any terms or conditions stipulated to by the customer.
- No variation or amendments of this contract shall be binding on the company unless confirmed by it in writing.
- Prices quoted exclude freight and insurance vat and other taxes or duties, unless otherwise stated.
- The company reserves the rights to adjust the price for the goods between the date of order and delivery in the event of an increase in the cost of manufacture and/or other charges, including variation in exchange rates to the company pro rata in line with such increase or increases.
- Unless the contract otherwise provides, the contract price for the goods shall be payable no later than the last day of the month following the month of delivery or supply of the goods.
- The time stipulated for payment shall be of the essence of the contract and failure to pay within the period specified shall entitle the company upon the expiration of 7 days notice in writing to the customer to suspend further deliveries of the goods pending payment without prejudice to any other remedy available to the company.
- The company shall be entitled to interest on any part of the contract price not paid by the due date from that date until actual payment at the rate of 4% per annum above the minimum leading rate of the bank of England prevailing from time to time during such period.
- All goods supplied by the company in possession of the customer remain the property of the company until all sales contracts for all goods supplied have been paid for.
- Title in the goods shall remain with the company and shall not pass to the customer until the amount due for them has been paid in full together with interest where applicable.
- Until title passes the customer shall hold the goods as able for the company and shall keep them separate and apart and store or "mark them so that they can at all times be identified as the property of the company.
- The company shall be entitled at any time before title passes to repossess without being liable for any damages caused by so 4oing and use or sell all or any of the goods (without any liability to the customer) and for that purpose or determining what if any goods are held by the customer and for inspecting them, to enter any premises of the customer.
Delivery and Risk
- Delivery of goods shall be made to the customer at the place specified in the company’s acceptance of order or as subsequently agreed between the parties and the risk in respect of all goods shall pass to the customer at the time of delivery and from that time the customer should affect insurance of the goods. Notwithstanding such delivery, if the company does not deliver the goods on its own transport and the customer does not want to collect the same on its own transport then unless otherwise agreed in writing, the company shall at the customers expense (unless otherwise expressly agreed) arrange for the carriage of the goods to their place of delivery and the carrier selected by the customer shall be the agent of the company.
- Any claims for non-delivery of any goods shall be notified by the customer, to the company immediately upon delivery of goods. Any shortage in delivery quantity or damage to goods during transit must be advised within 7 days and 14 days for delivery to other destinations where the goods are delivered direct to the customer by or collected by the customers own transit the company shall not be liable for any damages to or loss of the goods what so ever or when so ever occurred.
Scope of Contract
- Under no circumstances shall the company have any liability of whatever kind for:
- Any description, illustration, specification, drawings or particulars of weights and dimensions submitted by the company contained in the catalogue, price lists or elsewhere ("the literature”) supplied to the customer.
- Any technical information recommendations, statements or advise furnished by the company, it’s servants or agents not given in writing in response to a specific written request from the customer before the contract made
- Any variation in the quantities dimensions or colour of any goods or changes of their specifications or the substitution of any materials or components from those described in the literature.
- In no event shall any breach of contract on the part of the company (including negligence) or failure of any kind on the part of The Company or that of its employees, or agents give rise to any liability for loss or revenue or any consequential or indirect loss or damage arising from any cause whatsoever.
- If the company prints or reproduces on the goods any design motif or marks supplied by the customers at its request, the customer undertakes to indemnify the company against all or any claims actions taken against the company for breach of copyright or design or trade or service mark how so ever otherwise in respect of all losses, damages, costs and expenses (including legal fees) directly incurred or suffered by the company.
- The company shall not be liable for any failure in the performance of any of its obligation under the contract caused by factors outside its control, nor for any consequential loss or damage suffered by the customer as a result of such failure.
Law and Construction
- goods supplied by despatch to an address outside the united kingdom and the republic of Ireland will be sold for delivery in accordance with the terms specified by the company under one of the relevant headings described in "incoterms 1953" (international chamber of commerce-Paris 1953) and the English test of the said incoterms 1953 where relevant shall be used for the purpose of defining the company and the customers obligation accordingly as though the same for this purpose were comprised in these conditions of sale where no other provision for delivery either has been agreed or is specified, delivery is made ex-works any delivery period stated is calculated from the date acceptance of order up to the date of despatch ex-works.
- The heading in these conditions are intended for reference only and shall not affect their construction.
- Any notice to be given under the contract shall be in writing forwarded by first class pre-paid registered or recorded delivery letter post to the business address at last notified in writing and shall be deemed to have given on the date or second day following that on which the notice was posted (in case of United Kingdom customers only).