“The Company” refers to SIP (Holdings) Limited, SIP (Industrial Products) Limited, SIP (Welding Equipment) Limited, or SIP (Air Compressors) Limited, whichever may be the Company selling the goods subject of this contract, all of which have registered offices at Gelders Hall Road, Shepshed, Leicestershire LE12 9NH, England.
Unless otherwise agreed in writing by The Company, the terms of payment shall be:
The Company is entitled to charge interest at the rate of 2% per month on a daily basis on any sum outstanding from the date when the same becomes due until the actual date of payment.
Terms of payment, as agreed, shall be strictly observed by the intending purchaser and the time for payments shall be of the essence. The obligations of The Company are subject to the terms of payment and all the intending purchaser’s other obligations being observed.
It is a condition of the acceptance of any order that having regard to the continuance and unpredictable fluctuations in the main variables establishing The Company’s list price, such as the increasing cost of labour, transport, raw materials, any new tax liability, the rate of exchange, and import duty that goods be charged by The Company and paid for by the purchaser at the price ruling at the date of invoicing. The Company will not in the normal way avail itself of this condition except where such is, in the opinion of The Company, substantial.
Notwithstanding that credit may have been for the payment of the price of goods, the intending purchaser agrees:
All goods shall be supplied by delivery ex-work Shepshed, unless special carriage and packing arrangements have been previously agreed and the cost of packing and any form of transport shall be paid by the intending purchaser. Any date of delivery mentioned by The Company is an estimate only, and The Company shall not be liable for the consequences of delay, however caused.
All goods must be inspected immediately upon arrival. Under no circumstances shall The Company be liable for damage to or from a consignment, unless The Company is notified within two days of receipt of the goods or, in the case of non-delivery, unless notice is given within seven days of the due of arrival.
The Company reserves the right to cancel any order if, after acceptance, the goods set aside for such order are destroyed or damaged beyond repair and cannot be replaced. No order may be cancelled by the intending purchaser without the written consent of The Company.
The Company undertakes to replace or repair free of charge, including labour, any goods which are faulty, owing to defective workmanship, or faulty materials, for a period of six months from the date hereof or such longer period, as may be specified in writing by The Company in any of it’s formal Guarantees. This undertaking does not cover faults or defects arising from normal wear and tear, transit damage, or misuse of equipment, including overloading, negligence, or accident. The Company shall, under no circumstances, accept responsibility for alterations, repairs, or attachments to good carried out by other persons other than employees of The Company.
The Company shall not be bound by any statement as to price, representation, warranty, or condition not expressly specified herein nor any representation, warranty, or condition, whether verbal or in writing made by it’s agents or servants unless also confirmed in writing by The Company.
The intending purchaser will indemnify The Company in so far as the law permits against any claim which arises from or in connection with the supply of goods, whether such liability arises by reason of The Company’s negligence or their breach of contract or their breach of statutory duty or howsoever any such liability may arise.
No variations, in respect of these conditions of sale, shall be accepted unless confirmed in writing by The Company. These conditions shall be governed by and construed in accordance with English Law and the Leicester County Court shall be the venue of any Court proceedings.
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