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TERMS & CONDITIONS
1. Interpretation
In these Terms and Conditions (Terms), the following words and phrases
shall have the following meanings: "the Buyer" means the person, firm
or company who purchases the Goods from the Company: "the Company" means
Norton Armouries; "Contract" means the contract between the Company
and the Buyer which shall be deemed to incorporate these Terms; "Goods"
means any goods agreed in the Contract to be supplied by the Company to
the Buyer; "Place of Delivery" means the place to which the Goods are
to be delivered. In these Terms, reference to any statute or statutory
provision shall be construed as a reference to such statute or statutory
provision as amended, modified, re- enacted or replaced from time-to-time.
2. The Contract
The Contract shall be on these Terms to the exclusion of all other terms
and conditions, including any such terms and conditions that are purported
to be included or applied by the Buyer. No terms and conditions contained
in the confirmation of order, purchase order or other document of the
Buyer will form part of the Contract.
3. Delivery
Any dates specified by the Company for delivery of the Goods are intended
to be an estimate only. If no date is specified for delivery of the Goods,
delivery shall be within a reasonable time. Subject to the other provisions
of these Terms, the Company shall not be liable for any loss, whether
direct or consequential, economic or loss of profits or otherwise, arising
directly or indirectly out of any delay in the delivery of the Goods nor
will any delay entitle the Buyer to terminate or rescind the Contract
unless the delay exceeds 60 days.
4. Risk in and Ownership of the Goods
Risk in the Goods shall pass to the Buyer on delivery Ownership in the
Goods shall not pass to the Buyer until the Company has received in full
in cleared funds all sums due to the Company in respect of the Goods and
all other sums which are or may become due to the Company from the Buyer
on any account. Until ownership of the Goods has passed to the Buyer,
the Buyer shall: hold the Goods on a fiduciary basis as the Company's
bailee; store the Goods separately from all other goods of the Buyer or
any third party in such a way that they remain identifiable as the Company's
property; not destroy or deface any identifying mark on the Goods or their
packaging; maintain the Goods in satisfactory condition insured with the
Company's interest noted on the policy and hold any proceeds of such insurance
on trust for the Company and not mix them with any other money.
5. Price
The price for the Goods shall, unless otherwise agreed, be the price set
out on the date of delivery in the Company's price list. The price for
the Goods does not include carriage and insurance which the buyer shall
pay in addition. The buyer shall pay such deposit as the Company shall
direct.
6. Payment
Payment shall not be deemed to have taken place until the receipt by the
Company of cleared funds.
7. Warranties
The Company warrants that the Goods are of satisfactory quality. If the
Buyer wishes to make a claim under this warranty, the Buyer shall give
written notice to the Company within 30 days of the discovery of the defect
and give the Company a reasonable opportunity to inspect the Goods in
question. The Company shall not be liable for any breach of warranty if
the Buyer makes any further use of the Goods after giving such notice
or alters or repairs the Goods without the agreement of the Company. The
Company's liability under the warranty shall be limited to repairing or
replacing the Goods in question or refunding the price of such Goods.
8. Limitation of Liability
The Company's liability in contract, tort or otherwise arising out of
the subject matter of the Contract shall not exceed the value of the goods
and the Company shall under no circumstances be liable to the Buyer for
any consequential, indirect or economic loss or damages.
9. Force Majeure
If either party is subject to an event of Force Majeure, that is circumstances
outside its reasonable control, including but not limited to war, fire,
industrial disputes or civil commotion, it shall notify the other and
the first party's obligations under these Terms shall be suspended until
it notifies the other party of the end of such event of Force Majeure.
10. General
If any part of these Terms is found to be void or unenforceable by any
Court of competent jurisdiction, such part shall be severed from these
Terms which will otherwise remain in full force and effect. These Terms
shall be governed by and interpreted according to English Law and the
parties submit to the exclusive jurisdiction of the English Courts.
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