Zodiac
Conditions of Sale

1.      These terms and conditions shall be incorporated into any order which we accept or execute and all Quotations are given subject to them.  No variation of these terms or conditions will apply unless agreed by the Company in writing.  Where a Customer’s order form or other document contains or refers to conditions, such conditions will only apply to the contract insofar as they are not at variance with these conditions, and these conditions shall in all circumstances prevail.

2.      Our Quotations are not offers and no contract is formal until we have accepted a Customer’s order.  An order submitted on the terms of a Quotation should refer to the Quotation.  Our Quotationis valid for 28 days only.

3.      Any delivery date which we give is given in good faith but is deemed not to be an essential term of the contract.  We do not accept any liability for delay or non-delivery arising from any cause.

4.      We cannot accept responsibility for work carried out on Customer’s own Material or Components.

5.      Terms are strictly net monthly account unless other terms of payment have been agreed by the Company in writing.  Payment of monthly accounts shall be due by the last day of the calendar month following the month in which the goods were invoiced, and shall be paid at the Company’s registered office.

6.      Orders which we have accepted may not be cancelled unless we consent and we may as a condition of giving such consent require payment of such sum as will indemnify us against loss (including loss of profit) which we may suffer as a result of such cancellation.

7.      Weights are approximate and are not warranted or guaranteed.  Zodiac design drawings, etc. are subject to improvement and modification.

8.      Until such time as the property in the Goods passes to the Buyer, the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee and shall keep the Goods separate from those the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s property, but shall be entitled to resell or use the Goods in the ordinary course of its business.

8a.    Until such time as the property in the Goods passes to the Buyer, (and provided the Goods are still in existence and have been resold) the Seller shall be entitled at any time to require the Buyer to deliver up to the Seller and if the Buyer fails to do so forthwith, to enter upon any premises of the buyer or third party where the Goods are stored and repossess the Goods.

9.      Goods returned to us and found by us to have been defective when dispatched will be repaired or replaced free of charge but we cannot accept any liability for any costs or expenses nor for any labour charges which may have been incurred either directly or indirectly by the Customer or by any third party.  We shall not incur any liability for consequential loss in any circumstances, whether or not the same may be due to negligence on the part of the Company or its servants or agents.

10.    Unless otherwise specifically ordered, all tools and gauges will be supplied in accordance with the appropriate specification as shown on the relevant company Price Lists.  Where no specification is given, products will be made in accordance with the recognised trade requirements.  Save as aforesaid, the Company does not give any warranty nor shall any condition or warranty be implied into the contract concerning the quality or suitability of the goods or their description and the conditions implied by Sections 13 and 14 of the Sale of Goods Act, 1893 are deemed to be expressly excluded.

11.    We cannot accept responsibility if goods ordered are the subject of any Patent, Registered design, Trade Mark or Copyright, and the placing of such order shall be considered as an undertaking by the Customer to indemnify us against any loss or claim in respect of infringement of any such Patent, Registered design, Trade Mark or Copyright.

12.    The Company shall be entitled to cancel the contract if the Customer shall be in arrears with payment for any other contract or shall become insolvent or go into liquidation or a have a receiver appointed or suffer any execution or distress to be levied on its goods and such cancellation shall be without prejudice to any claim which the Company may have against the Customer.

13.    At the request of either part in writing, any question, dispute or difference arising between the Customer and ourselves in relation to the contract, shall be referred to the arbitration in England of a person to be mutually agreed upon or failing agreement, some person appointed by the President for the time being of the Gauge and Toolmaker’s Association, in accordance with and subject to the provisions of the Arbitration Acts, 1950 or any statutory modification or re-enactment thereof.

14.    All carriage and packing is charged as an extra.

15.    All new customers are requested to assist easy action of their order by supplying the following information:

1.    Pay cash with order, or alternatively,
2.    Supply references with your official order, i.e. two trade and one Bank reference, and payment terms as Section 5 above.

16.    Title to goods supplied hereunder shall not pass to the Buyer until payment for those goods has been made of the full contract price and if payment is not made for those goods at the due date the Buyer should be wound up or a Receiver be appointed over the whole or part of the Buyer’s customer the Company shall be entitled with or without prior notice to the Buyer or liquidator or Receive to retake possession of the goods (and for that purpose to go upon any premises occupied by the Buyer).

17.    Until the date of payment the Buyer shall act as bailee for the seller and shall store and/or insure to their full value any goods supplied hereunder in such a way as they can be clearly identified as the property of the seller and should the Buyer sell or otherwise deposit any of the Goods in which payment is due to the Seller the Buyer or any liquidator or Receiver shall pay all proceeds of sale or disposition thereof or insurance over thereon into a separate new account (and not into any overdrawn account) and the seller shall be entitled to trace and recover such monies.  The Goods shall be insured against all usual perils including loss deterioration and damage and the Seller shall on request be entitled to a copy of such policies of insurance and to have its interest noted thereon.

*Please note Sub-Contract Commercial Threadgrinding will be undertaken strictly to our usual conditions of sale.