Sterling Tools Ltd
Wholesale Drill Bits
Terms and Conditions
1 General
Sterling Tools Limited (the sellers) only do business upon and
subject to the conditions printed below which shall be deemed to be
incorporated to the exclusion of any conditions inconsistent
therewith in any order.
2 (i) Price
Orders are only accepted for execution at the prices and terms
detailed in the Seller's price lists current at the date of dispatch
of the goods. All prices are exclusive of VAT.
(ii) Minimum Order Value
The Sellers reserve the right to refuse to accept any order if in
the Sellers' opinion it will be uneconomic to dispatch such order to
the purchaser.
(iii) Cancellation of Orders
The Sellers will not accept cancellation of the Purchaser's order or
any part thereof after the order or part order has been despatched
from the Seller's works. Orders may be cancelled at any time prior
to despatch from the Seller's works provided the Sellers have
received prior notice in writing of cancellation of the Purchaser's
order.
(iv) Return of Goods
If no cancellation has been received by the Sellers and goods have
been despatched to the Purchaser in accordance with the Purchaser's
order the Sellers will not accept the return of such goods except in
circumstances where the Purchaser makes a bona fide claim for
replacement as set out in Clause 8 below.
(v) Delivery Dates
Unless it is otherwise agreed in writing between the Sellers and the
Purchaser time shall not be of the essence in relation to any part
or the whole of any order accepted by the Sellers. Any indication or
estimate of delivery dates advised by the Sellers to the Purchaser
whether given prior to or after the acceptance of the Sellers' order
is given in good faith by the Sellers but shall not, unless
otherwise agreed in writing, form part of the agreement between the
Sellers and the Purchaser.
3 Right to Withdraw/Amend Price Lists
The Sellers reserve the right to withdraw or amend their price lists
without notice.
4 Unit of Order
The Sellers reserve the right to vary orders to the extent necessary
to conform to the standard units of pack as detailed in their
catalogues and Price lists.
5 Ownership
These goods will remain the property Sterling Tools Limited until
all monies owed to Sterling Tools Ltd under
all contracts have been paid in Full.
6 (a) Method of Despatch
The goods will be forwarded by postal service, road or rail at the
risk of the Purchaser. The Sellers reserve the right to use
whichever form of transport is most convenient to them.
(b) Claims against Carriers
The Sellers will not be responsible for any damage to or loss of the
Purchaser's goods after despatch from the seller's works although in
the case of damage, pilferage, or non-delivery the Sellers will, on
behalf of the purchaser's, make a claim against the carrier if so
requested by the purchaser within such period as will enable the
sellers to make a claim within the period allowed by the carrier's
conditions or regulations.
7 Terms of Payment
Strictly nett monthly account. Accounts must be paid by the end of
the calendar month following that in which the goods were
despatched. A service charge of 2½% for the first month and 1¾%
service charge for each succeeding month will be applied
automatically on any amounts outstanding after the due date of
payment. If the account of a purchaser is overdue, the sellers are
entitled to suspend performance of any of their obligations to such
Purchaser.
8 Guarantee of Quality
The Sellers hereby warrant that in the manufacture of their goods
only the best workmanship and materials are employed and if any
fault due to bad workmanship or materials is proved to the
satisfaction of the Sellers and the warranties or conditions,
statutory or otherwise, as the sellers is legally entitled to
exclude as to quality or goods are specified in the printed matter
issued by the Sellers all express or implied returned to the
Sellers, the Sellers, will at their own cost, replace the faulty
goods, but subject as aforesaid and unless fitness for purpose or
otherwise, are hereby expressly excluded.
9 Force majeure
If the Sellers' obligations or any of them shall be prevented,
hindered or interfered with by war, strikes, accidents or force
majeure, or by any other cause whatsoever and howsoever beyond the
Sellers' control, the Sellers shall have the option to suspend or
cancel any obligation then unperformed.
10 Default by Purchaser
If the Purchaser shall make default in or commit any breach of his
obligations to the Sellers, or if the Purchaser shall commit any act
of bankruptcy, or shall have any execution or distress levied upon
any of his goods or property or being a limited company if any
resolution or petition to wind up such company's business shall be
passed or presented, or if a receiver of such a companies
undertaking property or assets or any part thereof shall be
appointed, the Sellers shall have the right forthwith to determine
any contract then subsisting without prejudice to any claim or right
the Sellers might otherwise make or exercise.
11 Non Standard Products
The above terms and conditions of sale relate to the Seller's
standard products listed for sale in the Seller's current price
lists and priced catalogues. Where a Purchaser requires non standard
products to be supplied, different terms and conditions of sale may
apply, further details of which can be obtained on request.