STANDARD CONDITIONS OF SALE
Definition. In these Conditions the expression “The Company” means Bio Laboratories Ltd and the expression “The Customer” means the person, firm or Company to whom a quotation is addressed or whose order is accepted by the Company.
Quotations and Price
Quotations are based on prices ruling on date of such quotation and unless otherwise indicated are open for acceptance within 30 days after which they may be revised. Agreed prices are given on our Acknowledgement of Order. Where an order is received for a quantity less than quoted for or where delivery is required in instalments smaller than those specified in the quotation, prices will be subject to an increase.
Although the Company’s experience is at the customer’s disposal, it is the latter’s responsibility to be satisfied, prior to placing an order, that the requested specification is suitable to meet the application and performance demands of the product. The Company’s standard acceptance quality limit will apply to all specifications unless otherwise specified and agreed. The Company is under no liability for consequential losses arising from the unsuitability of such a requested specification.
Colours and Sizes
Please note sizes may vary from those stated due to manufacturing tolerances, we would advise if size is critical a sample is requested prior to placing orders.
Please note due to variances in monitors and printers the actual colours of some products may vary from those shown, we would advise if colour is critical a sample is requested prior to placing orders.
Dates for delivery and completion are given in good faith, and the Company will do all that it reasonably can to satisfy the Customer’s delivery requirements and to keep customers informed of progress. However, it is an express condition that the Company cannot accept liability for failure to deliver within a specified time.
Materials of no less strength than those quoted may be substituted for quoted materials.
In delivering against the quantity ordered +/- 10% shall be considered a good delivery.
Where goods are ordered for delivery by instalments, or partial delivery is requested by call offs, each delivery shall be deemed to be a separate contract for the purposes of invoicing and payment.
Should the Company have to pre purchase and stock special materials to meet an order or schedule which required more than a single delivery. The Company reserves the right to invoice the customer for any stock (converted or uncoverted), which remains three months after the first consignment (using these special materials) has been delivered.
Goods delivered to the customer remain the property of the Company until paid for in full.
The Company’s standard terms are 30 days from date of invoice.
If a customer cancels an order, which by its nature required the company to obtain special materials and/or decoration, the Company will charge the customer for the costs of all undelivered stocks of relevant product/material and would seek the customer’s instructions regarding the disposal of such stocks once paid for.
Losses or shortages. The customer shall notify the Company in every case of goods lost, pilfered or damaged in transit within 7 days of delivery, and in every case of goods undelivered within 14 days from date of despatch. No claim in respect of goods undelivered, lost, pilfered or damaged in transit will be entertained by the Company if it is not reported within 14 days.
Conformance. Unless within 28 days from receipt of consignment the customer shall notify the Company of any complaint, the consignment shall be deemed to be in complete conformity with the order and specification and to have been accepted by the customer, and the Company shall not be under any liability in respect thereof.
No claim will be entertained by the Company if the claim arises out of the incorrect storage of delivered items at the customer premises.
Consequential Loss. The Company shall not in any event be liable to the Customer, or the latter’s customer, for any indirect or consequential loss or damage.
Without prejudice to the generality of our terms and conditions of sale, subject to which any order is undertaken, the Company cannot accept any liability whatsoever in respect of the use to which the goods, subject to this document, are put. The customer and any user should accordingly take all such steps to satisfy themselves of the suitability of the goods for the precise purpose to which they wish to put them. They should not rely on any representations whether written or oral made by ourselves our agents or employees.
Copyright and Other Industrial Property Rights
The Company shall be indemnified by the Customer against any claim by a third party against the Company arising out of any goods supplied to or work done for the Customer, including any infringement or copyright, patent, trademark or registered design.
The Company shall not be liable for failing to perform the contract, whether in whole or part if the failure is caused by any inability to secure labour, materials or supplies, act of God, riot or civil commotion, strike, lock-out, fire, flood, drought, act of government or any cause, whether or not similar in kind to all or any of the foregoing, outside the Company’s control and shall have the right by notice in writing to the Customer to rescind the contract or to elect to vary the contract as may in the Company’s opinion be necessary.
Acceptance of the Company’s quotation implies acceptance of the above conditions notwithstanding anything which may be stated to the contrary in the Customer’s Conditions of Purchase.