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Quotations are only valid for 28 days unless otherwise stated. Orders can only be accepted which comply precisely with the terms of any quotation. In particular, if quantities ordered vary from the quotation the Company shall not be liable to supply at the quoted price.
Cancellation of Order or Return of Goods
No order shall be cancelled without the agreement of the Company. Likewise, no goods supplied may be returned without prior consent and only on terms to be agreed with the Company.
a. Not withstanding delivery and the passing of risk in the Goods the property in the Goods shall not pass to the customer until the Company has received payment in full for the Goods and all other Goods supplied to the customer by the Company for which payment is due.
b. Until such time as the property in the Goods passes to the customer the Company shall be entitled at any time to require the customer to deliver the Goods to the Company and, if the customer fails to do so, to enter upon any premises of the customer or any third party where the Goods are stored and repossess the Goods.
The Company’s prices, discount rates and conditions of sale are subject to alteration at any time without prior notice.
Warranties and Liability
a. Subject as expressly provided in these conditions and except where the Goods are sold to a person dealing as a consumer (within the meaning of The Unfair Contract Terms Act 1977) all warranties conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
b. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (restrictions on statements) Order 1976) the statutory rights of the customer are not affected by these conditions.
c. Any claim by the customer that is based on any defect in the quality or condition of the Goods on their failure to correspond with the specification shall be notified to the Company within 7 days from the date of delivery. If delivery is not refused and the customer does not notify the Company accordingly the customer shall not be entitled to reject the Goods and the Company shall have no liability for such defects or failure and the customer shall be bound to pay the price as if the Goods had been delivered in accordance with the contract.
d. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these conditions the Company shall be entitled to replace the Goods (or the part in question) free of charge or, the Company’s sole discretion refund to the customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the customer.
e. The Company shall not be liable to the customer by reason of any representation (unless fraudulent) or any implied warranty condition or other term or any duty at common law or under the express terms of the contract for any indirect special or consequential loss or damage (whether for loss or profit or otherwise) costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the customer and the entire liability of the Company under or in connection with the contract shall not exceed the price of the Goods except as expressly provided in these conditions.
f. The Company shall not be liable to the customer or be deemed in breach of a contract by reason of any delay in performing or any failure to perform any of the Company’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Company’s reasonable control.