Terms and Conditions

The Contract

A. Not withstanding any prior agreement or discussion no contract for the sale of goods specified overleaf (“the goods”) shall be concluded until D & G Moulding Limited (“the company”) has issued a written confirmation of the buyer’s order for the goods.

B. The company’s written confirmation of the buyer’s order shall alone constitute the contract for the sale of the goods: no other term, condition, warranty or exception whether express or implied by statute or otherwise shall form any part of the contract and no variation or modification of these conditions or of the contract of the sale of goods shall be effective unless agreed in writing between the company and the buyer. In the case of any conflict between these conditions introduced by the buyer, then the provision of these goods shall prevail.

Work Prices and Delivery

Unless specifically stated or agreed to the contrary all prices quoted are works and all carriage, insurance and freight charges and other charges and expenses will be for the account of the company. The company reserves the right to make additional charges to the buyer for the actioning of extraordinary requests of carriage.

Price Variation

The company reserves the right to make an additional charge for any extras ordered and not specified overleaf and also for the expenses of all inspections, tests, alterations or additions or other work which is undertaken at the buyer’ request.

Delivery

A. Delivery shall be deemed to take place when the goods leave the company’s works.

B. Any periods or times quoted for the delivery of goods are to be regarded as estimates and whilst the company will do its utmost to keep to such periods and times, no guarantee is given and the company accepts no responsibility for loss or damage resulting from delay in delivery of goods or completion of work. Delay due to circumstances outside the control of the company shall not entitle the buyer to cancel any orders or to refuse to accept delivery and extra costs or expenses arising from delays caused by the buyer’s instructions or failing to give any instruction required, shall be added to the contract price.

Part Delivery

The company reserves the right to deliver all or any number of items as soon as they are completed and to invoice the buyer separately thereof.

Payment and Title

A. Payment in full for the goods shall be within 30 days of delivery of the invoice.

B. Payments shall be applied to invoices in the order in which they are issued.

C. The title to the goods shall not pass to the buyer until the whole of the price has been paid and until payment the buyer shall hold the goods on trust for the company. The company may sue for the whole of the price at any time after it has become payable.

D. In the event of any sale or other disposition of the goods by the buyer, the buyer shall hold on trust for the company the whole proceeds of sale or if the goods are mixed or incorporated into other goods a just proportion of the sale.

E. If the buyer defaults in the punctual payment of any sum owing to the company, then the company shall be entitled to:-

1) The immediate return of all goods sold by the company to the buyer in which the property has not passed on.
2) The buyer authorises the company to recover the goods and to enter any premises of the buyer for that purpose.
3) Withhold delivery of goods and of any further goods ordered by the buyer.
4) Treat contracts as repudiated by the buyer and to recover damages accordingly or to affirm the contract and to recover the purchase price or the balance of the purchase price from the buyer.

Cancellations

Cancellations of any order or part order can only be made with prior agreement of the company, unless otherwise agreed by the company any expense incurred by the company prior to the date of cancellation of any order shall be for the account of the buyer.

Default of insolvency of the buyer

If the buyer shall fail to take delivery of any goods when required or make default in or commit a breach of any of its obligations under the contract for the purchase of goods or any other goods or contract with the company or if any distress or execution or legal process shall be levied upon any of the buyer’s property, goods or assets or if the buyer should commit an act of bankruptcy or if, being a limited company the buyer should go into liquidation or suffer the appointment of a receiver of its undertakings property or assets or any part thereof: the company may at any time thereafter be entitled to determine this contract and without prejudice to its other rights the company shall be entitled to recover from the buyer any loss on sale of goods comprised in the contract.

Guarantee

In the event of any defect occurring in the goods, the company will at its cost and option, repair or replace or refund to the buyer of all or part of the purchase price or the same always provided that:

1. Written notification of the claim giving details of the alleged defect is given to the company within two months of delivery of the goods.
2. The goods are returned to the company, carriage paid at the expense of the buyer.
3. The company is satisfied that the defect is due to some condition present in the goods prior to delivery and that the goods have been used in a normal and proper way and that they have been stored in satisfactory conditions and have not been interfered with or altered since delivery.
4. Where any goods are replaced or the full price thereof is refunded, the defective goods shall become the property of the company.
5. This guarantee shall not extend to any goods manufactured or supplied otherwise than by the company.
6. The liability of the company as a result of any defect in the goods shall in no circumstances exceed the purchase price of the goods affected.
7. The company shall not be liable for any consequential loss or damage whatsoever arising as a result of any defect in the goods.
8. The buyer shall indemnify the company against all costs, damages and losses which the company may sustain in consequence of any claims the company or buyer by a third party, arising from the goods.

Tools

The company will take reasonable care to safeguard the Buyers tooling left at their premises but they do not insure the same against loss or damage. The Buyer may affect adequate cover thereon through their own insurers.
In cases where the Company is required to produce parts from the Buyer’s own tools the Company does not accept responsibility for the repair or maintenance of such tools or for any damage which such tools may sustain while they are in the Company’s possession.

The Company reserves the right to remove or destroy tools which have not been used for three years on giving the Buyer 3 months notice in writing. It is the Buyers responsibility to ensure that D & G have the latest contact information.

Force Majeure

Should the company be delayed in or prevented from making delivery of the goods owing to any cause whatsoever beyond the company’s control the company shall be at liberty to cancel or postpone delivery without incurring any liability for any loss or damage resulting therefrom.

Law

These terms and conditions of the contract shall be governed and construed in accordance with the laws of England.

Issue 1 2002