Terms and Conditions
- Any concession, latitude or waiver allowed by us at any time shall not prevent us from subsequently exercising our full rights under this Contract in other respects.
- We shall not be deemed to have any knowledge of the particular purpose or market for which the goods are required unless such purpose or market is stated in the contract.
- In case of any inconsistency between the terms of sale as set out in this Contract and the terms of purchase in any form of contract sent by you to us, the terms and conditions of this contract shall prevail.
- The Invoice weights will be the commercial weights as laid down by the International Office for the standardisation of Fibro and other synthetic fibres.
LIMITATION OF LIABILITY
- No liability is accepted for any deterioration or damage resulting from the negligent, insufficiently controlled or incorrect use of yarns sold.
- No liability is accepted for goods, which have been subjected to a process, which alters their original identity.
- Slight colour variations are inevitable and we cannot accept liability for such colour variations in fabric or yarn form nor any variations appearing in piece dyeing.
- In no case shall we be liable for any loss of profit or any other consequential loss or damage and our liability in respect of any goods is restricted to the cost price of such goods.
- No liability is accepted in respect of any claim for short weight or in respect of the quality or suitability of any goods sold, unless notice thereof shall be given to us within 8 days after delivery of such goods, time being of the essence.
- If the Contract provides for delivery by instalments, then
- Each instalment shall be treated as a separate contract, and
- We shall be entitled to withhold delivery of any further instalment until all monies payable for any delivered instalments have been paid
TRADEMARKS; PATENTS; AGREEMENTS; etc.
- If the Buyer supplies a design, label or trademark, he shall indemnify us if the design, label or trademark is an infringement of a Third Party’s registered design, label or trademark and such fact is not known to us
- If any goods covered by trademark, patent, licence, or trade association agreements which are included in this Contract, are the subject of terms and/or Conditions of Sale imposed by the producers, patentees, licensor, or such agreements, then such terms and/or Conditions of Sale shall be deemed to be incorporated in this Contract, except insofar as they may be varied or altered by express conditions or terms otherwise written into this Contract.
- We shall not be held responsible or liable for late delivery or non-delivery of yarn arising from any suspension or cancellation of Export Licences by the foreign authorities or from any government action outside our control.
- We claim the right, on giving notice to the Buyer, to suspend delivery for a period equal to the continuance of any shortage of labour or raw materials, stoppage of machinery or delay in transit through fire, accident, explosion, breakdown, strike, lockout or any cause whatsoever beyond our control. Provided that if the stoppage extends six months beyond such notice this Contract shall be deemed to be cancelled without payment of differences of either side.
- If any dispute shall arise between Seller and Buyer under this Contract, such dispute shall be referred to a single Arbitrator in the United Kingdom and the cost of reference and Award shall be at the discretion of the Arbitrator. The making of any Award in such reference shall be a condition precedent to any liability of the Seller or any right of action against the Seller in respect of such dispute.
- Any claims, actions or arbitration arising out of this Contract shall be settled on the basis of United Kingdom law only.
Retention of Title Clause
- (i) The title to goods sold shall remain with the Seller until all sums owing to the Seller by the Buyer under this or other contracts have been paid in full or until the Buyer on-sells the goods as authorised in (ii) below, and so long as title to the goods remains with the Seller.
(ii) Unless an event under (V) shall have occurred or the Buyer shall have been otherwise notified by the Seller, the Buyer may on-sell the goods in the ordinary course of business to customers not controlled by the Buyer, controlling the Buyer or in common control with the Buyer by way of bona fide sale at full market value and, subject thereto, may pass title therein; and may work on, process or mix the goods.
(iii) Where the Buyer shall on-sell, the process of sale of any goods or products owned by the Seller shall be held separately to the order of the Seller until all sums owing to the Seller by the Buyer under this or of other contracts have been paid in full.
(iv) Where the buyer shall work on, process, or mix the goods, the Seller shall have co-ownership of any new product in the proportion which the amount of the invoice for the goods bears to the value of such new product.
(v) The authority of the Buyer under (ii) above shall automatically cease; if the Buyer receives notice that a receiver or manager is to be or has been appointed or that a petition or resolution for winding up is to be presented or proposed in relation to the Buyer, if the Buyer decides to make arrangement with creditors; or, if the Buyer commits an act of bankruptcy.
- All orders are subject to final confirmation on the basis of credit insurance being available. If credit insurance has been refused, clients will be notified and terms of payment renegotiated if possible.
- TE YARNS – All TE yarns are produced to a standard suitable for piece dyeing, subject to the recommendations of our Manuals (copies available on request), and subject to the customer’s own trials. Polyester dyestuff contamination may be minimised by restricting the use of carrier.
- Yarn specifications are subject to change at any time in accordance with alternations in the raw material supply situation.
- The Company shall be discharged from all liability for loss or non-delivery of the whole of a consignment or any separate package forming part of the consignment (howsoever caused), unless notice is received in writing within twenty-eight days of the date when the goods should have been delivered.