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Terms and conditions

Note If the purchaser is dealing as a consumer as defined in the Unfair Contract Terms Act 1977 (or any amendment or re-enactment of that act), condition number 10 shall only apply to the extent permitted by the act. Nothing in these conditions will deprive such purchaser of any rights granted by statue in the United Kingdom.

1. General

a) In these conditions "the seller" means Longton Light Alloys incorporating Gladstone Engineering Co Ltd.

b) Quotations are made and orders are accepted and executed subject to these conditions to the entire exclusion of any conditions proposed by the purchaser or appearing on or referred to in the purchase order or the purchasers other documentation.

2. Prices

Prices are based on the seller costs and expenses and shall be those ruling at the date of invoice. The seller reserves the right between the date of acceptance of order and the date of the invoice to increase prices to cover increases in costs and expenses incurred in performing the contract and to invoice at the price prevailing at the date of invoice.

3. Terms

All prices quoted are strictly net unless otherwise stated in writing by us. Payment must be made immediately unless a credit account has been agreed then payment must be made withing 30 days from date of invoice. The seller reserves the right to charge interest to charge interest on all overdue accounts less normal trading terms as a fore stated at the rate of 1.5% per calendar month or at 4% above the current prevailing Bank rate being charged by Lloyds TSB Plc whichever is the greater at the time of applying interest to the said overdue account.

4. Patterns

Where the buyer supplies patterns the quotation of the seller assumes that such patterns are in good condition true to drawing and entirely suitable for the sellers method of production and for the production of the castings in the quantity required. Replacement of and alterations or repairs to buyers patterns or equipment due to normal wear and tear shall be paid for by the buyer. The seller takes all reasonable care to protect buyers patterns while on the sellers premises but does not accept liability for loss or damage arising from accident, fire, larceny, riot, acts of war, and no insurance will be affected by the seller in respect of patterns in his custody. The buyer will be responsible for the custody of his patterns from which no castings have been ordered for a period of two years.

5. Packing and Carriage

Box, packing and carriage will be charged extra unless otherwise stated.

6. Deliveries

Time for delivery is estimated as accurately as possible. When however for reasons beyond our control delivery estimates are exceeded we shall not be liable for delay.

7. Damage, shortage or loss

The seller does not accept responsibility for any damage, shortage or loss in transite unless;-

a) Damage or shortage is notified to both the seller and the carrier within 10 days of the date of receipt of the goods and the goods has been signed for as 'not examined' and have been handled by the buyer in accordance with carriers conditions or

b) Nondelivery is notified both to the seller and to the carrier within 10 days of despatch.

8. Overseas Trading

a) Unless credit facilities have been agreed payment is to be made on a cash with order basis or for orders over 20,000.00 irrevocable and confirmed letter of credit established in the United Kingdom prior to despatch.

b) All quotations for overseas delivery of goods will be ex-works

9. Description and specification

All descriptions, specifications, drawings etc are given for general guidance only and no warranty or guarantee of any kind is to be implied nor is and such information to form part if a contract. Due to our policy of continuous improvement we reserve the right to change specifications and design of any machine or equipment without prior notice.

10. Guarantee

a) The seller guarantees at its sole discretion to refund the price of, or repair or replace free of charge any goods found to the sellers satisfaction within 12 months of the date of delivery to be defective owing to faulty design, materials or workmanship provided that the goods have not been subject to undue wear and tear, accident, alteration or misuse.

b) Goods returned under this guarantee shall be delivered to the seller at the Purchasers expense.

c) The repair or replacement of the goods by the seller shall not extend the guarantee period specified in (a) above.

d) Goods must be returned before credit or replacement will be given.

11. Liability

a) The Sellers obligations under condition10 to refund the price of, or to repair or replace defective goods and to take reasonable steps to achieve specification and the seller liability under the following paragraphs of this condition are the sole liablities of the sellers in respect of the goods.

b) The Buyer is solely responsible for ensuring that the goods bought from the seller are fit for any particular purpose and no warranty or conditions of fitness for any particular purpose is given or is to be implied in these terms.

12. Rejection and Return of Goods

Written notice of rejection of goods by the purchaser as not complying with the purchase order as accepted by the seller must be received by the seller within 7 days of delivery, failing which the purchaser shall be deemed to accept the goods. Subject to condition 10 goods can not in any circumstances be returned for credit or otherwise unless previously agreed by the seller in writing and if so agreed the goods may be consigned carriage paid at the purchasers expense. The seller reserves the right to charge for handling, repackaging and carriage if the goods are not covered by condition 10 or returned by error on the part of the purchaser or without written authorisation from the seller. Any samples submitted to the purchaser must be returned in good condition within 90 days of receipt and will be charged for if not so returned.

13. Repair

If goods are returned to the seller for repair otherwise than under condition 10 and if the seller at its absolute discretion agrees to carry out such repair. The sellers sole liability shall be to put the goods into a reasonable state of repair with regards to their age and condition.

14. Cancellations

Orders may not be cancelled unless we consent in writing.The terms of cancellation must indemnify us against all losses incurred.

15. Ownership of Goods

a) The ownership of all goods delivered by the Company will only be transferred to the Buyer when the Buyer has paid all sums owing to the Company on any account whatsoever. Prior to such payment the Company retains ownership of the goods.

b) Until the date of payment of all such sums as aforesaid all goods supplied to the Buyer as long as they remain unused and unattached to any object for which they are ultimately intended shall be stored by the Buyer in such a way that they remain clearly identifiable as the Company's property.

c) If the Buyer attaches any of the said goods to any other object or objects belonging to the Buyer in such a way as to become contituents of such objects ( in addition to the original goods supplied by the Company) such object or objects shall be held as security for the full payment of all sums owing to the Company by the Buyer. To this end the transfer to the Company of ownership of the objects concerned will be considered to have taken place through at the moment of the simple operation or event by which the goods supplied by the Company are attached to the said objects so as to become a constituent part thereof.

d) Until payment in full of moneys owed to the Company by the Buyer, the Buyer shall keep the original goods supplied by the Company and the objects in question for the Company in the Buyers capacity as fiduciary owner or trustee. Nevertheless the Buyer will be entitled to sell both the original goods supplied by the Company and any such objects to which may have become attached as constituent parts to a purchaser full market value on condition the the Buyer, so long as they remain indebted to the Company assigns to the Company their claims against their purchaser resulting from such transactions.

e) If the Buyer remains in default of any payment for which they are liable the Company on any account whatsoever the Company shall be entitled to stop all further deliveries irrespective of which contract they spring from and to rescind the contract in question without prejudice to the Company's right to full compensation and the Company's right to take back at once the goods ( or objects to which they are attached as constituent parts) pursuant to aforementioned provisions.

f) If the Buyer defaults in payment the Company shall be entitled to enter the Buyer's premises with such transpot as may be necessary and repossess the goods and or objets to which the Company has title hereunder and licence for entry as aforesaid is hereby give to the Company by the Buyer

16. Acceptance of Conditions

Acceptance of delivery of the goods shall be deemed conclusive evidence of the Buyers acceptance of these conditions

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