The supplier shall supply and the customer shall purchase the Goods and Services in accordance with the Quotation / Calibration Contract / Accepted Order which are subject to these conditions.
The suppliers employees or agents are not authorised to make any representations concerning the Goods and Services unless confirmed by the supplier in writing. In entering into the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of any such representations which are not so confirmed.
No variation of these conditions shall be binding unless agreed between the authorised representatives of the customer and the supplier. Sales literature, price lists and other documents issued by the supplier in the relation to the Goods and Services are subject to alteration without notice and do not constitute offers to sell the Goods which are capable of acceptance. An order placed by the customer may not be withdrawn, cancelled or altered prior to acceptance by the supplier unless the supplier has issued a quotation which is expressed to be an offer to sell the Goods and Services or has accepted an order placed by the customer. Any typographical, clerical or other accidental errors or omissions in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the supplier shall be subject to correction without any liability on the part of the supplier.
No order submitted by the customer shall be deemed to be accepted by the supplier unless and until confirmed in writing by the supplier’s authorised representative. The specification for the Goods shall be those set out in the supplier’s sales documentation unless varied in the customer’s order (if accepted by the supplier. The goods will only be supplied in minimum units (or multiples) stated in the suppliers price list or in multiples of the sales outer as specified. Orders received for quantities other than these will be adjusted accordingly, illustrations, photographs or descriptions whether in catalogues, brochures, rice lists or other documents issued by the supplier are intended as a guide and only shall not be binding on the supplier. The supplier reserves the right to make any changed in the specification of the goods which are required to conform with any applicable safety or other statutory or regulatory requirements or, where the goods are to be supplied to the supplier’s specification, which do not materially affect their quality or performance.
The price of the Goods and Services shall be the price listed in the Quotation / Accepted Order current at the date of acceptance of the customer’s order or such other price may be agreed in writing by the supplier and the customer. Where the supplier has quoted a price for the goods other than in accordance with the suppliers published price list the price quoted shall be valid for 30 days only or such time as the supplier has specified in the Quotation / Accepted order. The supplier reserves the right, by giving notice to the customer at any time before delivery to increase the price of the Goods and Services to reflect any increase in the cost to the supplier which is due to any factor beyond the control of the supplier.
All payments required to be made pursuant to this agreement by either party shall be made within 30 days of the date of the relevant invoice, without any set-off, withholding or deduction except such amount (if any) of tax as that party is required to deduct or withhold by law. All payments shall be made to the Supplier as indicated on the form of acceptance or invoice issued by the Supplier.
Delivery of the Goods shall be made by the Supplier delivering the Goods to the place in the United Kingdom specified in Quotation/Acceptance Order. The Delivery Date unless specified in an acceptable Order. If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licenses, consents or authorisations required to enable the Goods to be delivered on that Date, the Supplier shall be entitled upon given written notice to the Customer to store or arrange for the storage of the Goods.
If on any of the goods are defective in any material respect and either the customer lawfully refuses delivery of the defective goods, or if they are signed for on delivery “condition and contents unknown”, the customer gives written notice of such defect to the supplier within three business working day of such delivery, the supplier shall at its option: Replace the defective goods within 90 days, or lesser time as agreed by the supplier of receiving the customers notice; or refund to the customer the price of the goods which are defective; But the supplier shall have no further liability to the customer in respect thereof and the customer may not reject the goods if delivery is not refused or notice given by the customer as aforesaid.
No waiver by the supplier of any breach of the contract by the customer shall be considered as a waiver of any subsequent breach of the same or any other provision.