420 / Wire brushes & Carbide burrs WIRE BRUSHES & CARBIDE BURRS www.youtube.com/NortonAbrasivesEMEA 5. (a) For the purposes of this paragraph the goods shall mean the whole or any instalment of the goods which the Company has agreed to supply or to which the Company has agreed to carry out work and the relevant date shall be the date on which (i) the Company despatches the goods or (ii) the Customer takes delivery of the goods at the Company’s premises, whichever is the earlier, or (III) (in the case of services) the services or any part thereof are carried out. (b) Unless otherwise specified in writing by the Company payment for the goods or services or any part thereof shall be made by the customer net cash not later than the end of the month following the month in which the relevant date falls. Time for payment shall be of the essence of the Contract. Without prejudice to any other rights of the Company interest will be payable on all overdue accounts at Barclays Bank PLC base rate plus 4% and for the purpose of paragraphs 6 and 8 hereof the full purchase price of the goods or services shall include any interest payable hereunder. (c) Queries or inaccuracies regarding the invoice will only be entertained if the Customer has given the Company written notice of such queries or inaccuracies within 14 days of the invoice date. (d) The Customer shall make all payments due in full without any deduction by way of set-off, counterclaim, discount or abatement, unless the Company expressly agrees otherwise. 6. (a) If the Customer shall fail to make any payment when it becomes due or shall enter into any composition or any arrangement with his creditors or if being an incorporated company shall have an administrative receiver or administrator appointed or shall pass a resolution for winding up or a Court shall make an order to that effect or if there shall be any breach by the Customer of any of the terms and conditions hereof the Company may defer or cancel any further deliveries and treat the Contract as determined but without prejudice to its right to the full purchase price for goods delivered and services provided and damages for any loss suffered in consequence of such determination. (b) Cancellation by the Customer will only be accepted at the discretion of the Company and in any case on condition that any costs or expenses incurred by the Company up to the date of cancellation and all loss or damage resulting to the Company by reason of such cancellation will be paid by the Customer to the Company forthwith. Acceptance of such cancellation will only be binding on the Company if in writing. (c) A charge will be made for any costs incurred by the Company due to suspension or deferment of any order by the Customer or in the event that the Customer defaults in collecting, or giving instructions for the delivery of, any goods. 7. (a) No claim for damage in transit, shortage of delivery or loss of goods will be entertained unless the Customer shall have given to the Company written notice of such damage, shortage or loss with reasonable particulars thereof within 14 days of receipt of the goods or (in the case of total loss) of receipt of the invoice or other notification of despatch. The Company’s liability, if any, shall be limited to replacing or (in its discretion) repairing such goods and it shall be a condition precedent to any such liability that the Customer shall if so requested have returned damaged goods to the Company within 14 days of such request. The Customer shall not be entitled to make any claim against the Company for consequential loss arising out of such damage shortage or loss as aforesaid. (b) Save as otherwise provided in these conditions the Company’s liability in respect of any defect in or failure of goods supplied or work done is limited to replacing or (in its discretion) repairing or paying for the repair or replacement of goods which within 12 months of delivery to the Customer are found to be defective by reason of faulty or incorrect design workmanship parts or materials and carrying out again any services which the Company has failed properly to perform in accordance with the Contract. In the event of any error in any weight, dimension, capacity, performance or other description or information which has formed a representation or is part of a contract the Company’s liability in respect of any direct loss or damage sustained by the Customer as a result of such error shall not exceed the price of the goods or services in respect of which the description or information is incorrect. Conditions precedent to the Company’s liability hereunder shall be that as soon as reasonably practicable the Customer (I) shall have given to the Company reasonable notice of the defect, failure or error (II) shall have either returned the goods to the Company or provided authority for the Company’s servants or agents to inspect them, as the Company may request. The Company shall have no other or further liability in respect of any direct, indirect or consequential loss or damage sustained by the Customer arising from or in connection with any such defect failure or error as aforesaid. (c) Where the Company agrees to repair or replace goods or carry out again the services in accordance with the foregoing provisions of this paragraph any time specified for delivery under the Contract shall be extended for such period as the Company may reasonably require. (d) The Company shall have no liability in respect of any failure of goods caused, whether wholly or in part, by any modification to the goods (save for trimming or dressing the goods for use) carried out by or for the Customer (other than by the Company) without the Company’s prior written approval. (e) Save for such terms as may be implied in the Contract by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 all conditions, warranties and other terms express or implied, statutory or otherwise, are expressly excluded, save insofar as contained herein or as otherwise expressly agreed by the Company in writing PROVIDED that if and insofar as any legislation or any order made thereunder shall make or have made it unlawful to exclude or purport to exclude from the Contract any term or shall have made unenforceable any attempt to exclude any such term, the foregoing provisions of this paragraph will not apply to any such term. (f) Nothing in this agreement shall limit the Company’s liability for death or personal injury caused as a result of the negligence of the Company. 8. The following provisions shall apply to all goods which under the Contract (other than an International Supply Contract) the Company agrees to supply to the Customer. No failure by the Company to enforce strict compliance by the Customer with such provisions shall constitute a waiver thereof and no termination of the contract shall prejudice limit or extinguish the Company’s rights under this paragraph. (I) Property in the goods shall not pass to the Customer until full payment has been received by the Company for the goods and any other goods supplied by the Company or any of its associated companies. (II) The Customer undertakes that until payment has been made in accordance with 8i) above- not to remove, deface, or cover up any identification marks that the goods are the property of the Company - to store the goods separately from those belonging to the Customer and others - to allow the Company, its agents and employees, unrestricted access to the Customer’s premises or any other location where the goods are stored, for the purpose of removal of the goods.
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