GENERAL. Acceptance of your order is subject to normal precautionary conditions as laid down hereunder.
ACKNOWLEDGEMENT OF ORDER. Our acknowledgement of your order implies that our factory has been instructed to proceed with manufacture of the goods specified in your order.
CANCELLATION. Orders may not be cancelled unless we consent in writing. Terms of cancellation must indemnify us against all losses incurred, in partial manufacture or preparations for production, including special tool costs where this is applicable.
PRICES. The prices quoted on our acknowledgement are subject to variations resulting from any increase or decrease in labour, materials or other essential costs between dates of acknowledgement and delivery. We engage to notify any price variation immediately, to await your written acceptance, and to hold manufacture in abeyance until your confirmation is received.
DELIVERIES. Delivery estimates are very carefully calculated, and we take the greatest pains to maintain all dates of despatch. When, however, for reasons beyond our control, delivery estimates are exceeded, we shall not be liable for such delay.
DAMAGE OR LOSS. Damage to goods in transit should be notified to the transport authority concerned and to us, within three days of delivery. Otherwise we cannot accept liability. In case of non-delivery, we must be advised of non-delivery of the goods within fourteen days after we have advised despatch to you.
WARRANTY. The selection and application of Elmatic Products is the sole responsibility of the Purchaser. Elmatic Guarantees that all elements despatched from our factory are free from material defects and poor workmanship and when correctly applied and controlled will provide the user with long uninterrupted life. Since we have no control over the application of our elements Elmatic cannot Guarantee, and no claims will be allowed, against burnout or element failure due to mishandling incorrect installation or abuse of any type by the user. In the event of failure the goods shall be returned to our factory for inspection and Elmatic’s liability shall be recognised solely as an obligation to make free of charge replacements or free of charge repair depending on the nature of the defect or to credit the customer with the value of the defective goods.
TERMS OF PAYMENT. Nett 30 days. 3% interest per month will be charged on overdue accounts.
CARRIAGE. All goods will be priced ex works unless otherwise advised on our acknowledgement of order.
CONTAINER. All wooden or metal cases shall be chargeable, unless otherwise agreed in writing and unless returned paid to the address show on our advice note within one month.
TITLE. The title to goods shall not pass to you until payment has been made of the full contract price plus any proper additions and in case of non-payment we shall be entitled to repossess or trace and recover the goods or sue for the amount due at any time after payment shall become due.
BANKRUPTCY INSOLVENCY OF THE CUSTOMER. If you shall enter into any arrangement with or compound with your creditors or a Receiving Order is made against you or an Order is made or a resolution passed for your winding up or a Receiver is appointed by a debenture holder of yours we may without prejudice to any other rights or remedies available to us under Condition 12 (or otherwise) stop, retaining and recover any goods in transit to you (including any goods on the installation of which we shall then be engaged whether at your premises or elsewhere) and suspend further deliveries of goods until payment for such goods shall have been assured to our satisfaction.