All prices quoted are to be regarded as firm for the validity period stated, for a period of 30 days. When Seller does not quote firm prices goods will be invoiced at price ruling at date of despatch. Prices do not include delivery charges or packing cases at the rate current at the date of readiness for despatch and the full invoiced price is allowed for them, if returned carriage paid, in reasonable time in good condition.
a) Invoices will be rendered when the goods are despatched or held ready for despatch if held at the Buyers request and are payable forthwith.
b) At any time before the delivery of the goods, the Seller may notify the Buyer that payment is required prior to such delivery and the Seller shall be entitled to withhold delivery until payment is made.
c) If the buyer shall fail to pay the Seller any monies due to the Seller, the Seller shall be entitled to withhold delivery of any goods due to be delivered to the Buyer under this or any other contract with the Buyer.
d) Unless otherwise agreed amounts are strictly net and for approved credit accounts payment in full shall be due within the calendar month following despatch.
Notwithstanding that the time for delivery has been mentioned orally or in writing, the time of delivery shall not be of essence to the contract: The time for delivery shall be extended by a reasonable period if delay in delivery is caused by instructions or lack of instructions by the Buyer or by industrial dispute or by any cause beyond our reasonable control.
(a)The company reserves the right to make deliveries/and or services by instalments and render a separate invoice in respect of each such instalment.
(b) If the company exercises its right to make deliveries/and or services in accordance with sub-paragraph (a) above, then any delay in the provision of such deliveries/and or services, or failure to deliver any further instalment or instalments, shall not entitle the Buyer to reject the contract or the delivery/services of any other instalment or to withhold payment in respect of any instalment previously delivered/serviced.
The Seller guarantees that all goods are of sound materials and workmanship and in good working condition. The seller does not accept the responsibility for (or for any consequential loss arising out of) failures which are the result of improper fixing or treatment , of overloading or excessive use, or of goods being put to any use for which they are not suitable. Seller will accept no liability for failure to attain any performance figures quoted unless Seller has specifically guaranteed them, subject to any tolerances specified or agreed. If the performance figures obtained on any test provided for in the contract are outside the acceptance limits specified Buyer will be entitled to reject the goods.
Seller will make good by repair or at its option by supply of replacements, defects which under proper use appear in the goods within a period of two years from the date of supply and arise solely from faulty design (other than a design made, furnished or specified by the Buyer for which Seller has disclaimed responsibility in writing) materials or workmanship provided always that the goods are returned to us carriage paid.
In the case of goods not of our manufacture Buyer is entitled only to such benefits as Seller may receive under any guarantees thereof.
Our liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods, and save as provided in this clause Seller shall not be under any liability, whether in contract, tort or otherwise in respect of any defects in goods delivered or any injury (other than personal injury covered by our negligence as defined in Section 1 of the Unfair Contract Terms Act 1977), damage or loss resulting from such defects or from any work done in connection therewith. In no event will Seller be liable for loss of anticipated profits, loss by reason of plant shutdown, non operation of other equipment or other costs, expenses, or losses real or notional.
The illustrations in our catalogues are for identification only and are not binding. The designs are subject to variations, and the form and details of products may vary. The accuracy of the tables of dimensions, working capacities, and other specifications is not guaranteed, and they do not form part of the contract, unless and to the extent that the Seller has so indicated in writing.
The Seller will not be liable for breakage or other damage after the goods have left these premises sunless it is proved that such goods were improperly packed
With regard to the type or quantity of goods delivered no claim for deductions can be entertained unless made in writing within 14 days from the date of delivery.
Any Contract under which the Seller has agreed to goods shall be under these Terms and Conditions of Sale unless other conditions are expressly accepted by Seller by means of a written amendment to these conditions and signed by a Director of the company.
Seller requires to be notified if the goods are for use in aircraft as special conditions shall then apply.
Any difference or dispute arising between the Seller and the Buyer may be referred by either party to a single arbitrator with knowledge of the trade to be nominated by the President of the Manchester Chamber of Commerce and the decision of the arbitrator shall be final and binding.
We hereby certify that the goods mentioned on this invoice are of United Kingdom origin and that the particulars are true and correct and in accordance with our books.
Ownership of the goods shown on this document shall not pass to the purchaser until all sums due on the Budenberg Gauge Co Ltd account have been paid.
Risk in the goods supplied shall pass on to you on delivery of the goods.
Budenberg Gauge Co Ltd reserves the right to enter the purchasers’ premises to recover all good shown on this document should the purchaser default in payment on this or any other contract.
The purchaser shall ensure that all goods shown on this document are maintained in good condition and are stored separately from other goods until all sums have been paid to Budenberg Gauge Co Ltd.
This Contract shall in all respects be governed by the laws of England.
All previous lists of the articles enumerated in our catalogue are hereby cancelled. Current prices are subject to alterations without notice. If the cost to us of performing our obligations under the Contract shall be increased or reduced by reason of the making or amendment of any law or of any order, regulation or bye-law that shall affect the performance of our obligations under the contract: the amount of such increase or reduction shall be added or deducted from the contract price.
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Budenberg Gauge Co Ltd is a premier manufacturer of instrumentation for a wide range of applications and markets. Quality and reliability have become the trademark of all Budenberg products and all our instruments are supplied with a standard warranty and carry a unique serial number for traceability purposes.
