Terms of Business
1. GENERAL
Orders are accepted by us only on the conditions mentioned below and these conditions over-ride and take the place of any other terms and conditions. No variation is admissible unless confirmed in writing by a Director of IEC Limited.
2. PRICES
Prices quoted are ex our stores with packaging and carriage extra. They are based on current labour, material and production costs, exchange rates, duty and freight and are subject to change without notice. We also reserve the right to adjust our prices in the event of any changes in specification. VAT is excluded and will be charged extra at the appropriate rate.
3. DELIVERY ESTIMATES
These are made in good faith. While we make every reasonable effort to fulfil them, such estimates are subject to unforeseen events, and if not maintained, shall not give rise to any claim.
4. SPECIAL MANUFACTURE
Goods specially manufactured are subject to a quantity variance of +20 percent.
5. CANCELLATION
Orders can be cancelled only with our prior written agreement and will be subject to such cancellation charges as we may specify.
6. PAYMENT – APPROVED ACCOUNTS ONLY
Net 30 days from date of invoice. Interest of 3% above Lloyds Bank Plc base rate is payable on amounts due for any period in excess of 30 days from date of invoice. This interest is due for the period from the 30th day until payment is received, both dates inclusive. In the event of non-payment we shall be entitled to either suspend deliveries, terminate any outstanding contracts, claim damages or breach of contract and/or pursue any other legal remedy.
7. RETENTION OF TITLE
a. Ownership of the goods remains with us and will not pass to the buyer until the buyer has made payment
for those goods, and any other goods we have supplied, in full.
b. If the buyer is overdue in paying for any goods or if the buyer becomes insolvent or enters into
receivership, administration or liquidation we may recover and resell them. We may enter the buyer’s
premises for this purpose and if necessary detach or remove the goods from other goods. This does not
affect any of our other rights.
8. RISK
Risk of any loss, damage or deterioration of the goods shall pass to the buyer upon our delivery to their premises or upon the buyers (including their approved contractors) collection from our premises.
9. GUARANTEE
a. We warrant that all goods supplied are as at the date of delivery free from defects in material or
workmanship and from damage in accordance with the order for such goods as accepted by us but our
liability under this warranty shall be limited to:
- making good any damage or defects without charge by repair or replacement or at our absolute discretion
- refunding the purchase price paid by the buyer in respect of any goods which are satisfied were defective in material or workmanship or damaged at the time of delivery provided that the conditions in sub-paragraph (b) are met; or
- in the event of delivery errors or shortages, to the replacement or refund of the price paid for the goods ordered.
b. The conditions referred to above are:
- in the case of defective material or workmanship, notice has been given of such defect before the expiry of 6 calendar months after the date of delivery;
- in the case of delivery errors, shortages or damage to goods which are/is immediately obvious on inspection, notice has been given of the same within 5 working days after delivery of goods.
- in the case of damage, packaging materials must be retained and provided to us for inspection with the damaged goods;
- the goods are not in any worse condition than when delivered and have not been used other than in accordance with any recommendations made by us or the manufacturer.
c. The warranty above is given in lieu of and shall be deemed to exclude other warranties and conditions
whether express or implied and whether arising by common law statute or otherwise other than relating to
title of the goods.
d. Our liability of for any loss, injury or damage of any nature whatsoever (other than person injury or death
caused by negligence) including liability for loss of profits or goodwill whether direct or consequential
arising out of or in conjunction with any goods supplied under this contract shall be limited to and not
exceed a sum equal to the purchase price of those goods in respect of which any claims arises.
e. The buyer shall not rely upon any representation concerning any goods supplied unless confirmed by us
in writing. These terms and conditions shall represent the whole agreement between us and the buyer
relating to the subject matter hereof. This clause shall not extend or exclude liability for fraudulent
misrepresentation.
10. SPECIFICATIONS AND DRAWINGS
Whilst we endeavour to ensure accuracy in descriptions, drawings, catalogues and other information no warranty is given in this respect and we shall not be liable for any errors.
11. ASSIGNMENTS
The buyer may not assign or transfer a contract made upon these Terms of Business. We reserve the right to assign part or all of any contract made upon these Terms of Business.
12. FORCE MAJEURE
We shall have no liability if the performance of our obligations is in any way prevented or adversely affect by war, flood, accident or trade dispute or any other cause beyond our reasonable control.
13. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in any of our technical information, know how, drawings, expertise, formulae, specifications and products and other information disclosed to you by us, belongs and shall remain vested in us.
14. CONFIDENTIALITY
The buyer shall not at any time disclose to any third party any of the confidential technical information, know how, drawings, expertise, formulae, specifications and other information disclosed by us to you in relation to any contract concluded between us and you and the buyer shall use its best endeavours to keep the same confidential.
15. GOVERNING LAW
These terms and conditions shall be governed by English law and, unless otherwise agreed by us, all proceedings shall be brought in the English Courts.
16. THIRD PARTIES
No third parties are intended to have any rights to rely on or enforce these terms and conditions.