High Voltage Applications Ltd. T/A HiVA Products
CONDITIONS OF SALE April 2004
Seller - High Voltage Application Ltd. Trading as HiVA Products
Buyer - Customer specified on the acknowledgment of order and
1 These terms and conditions together with the particulars set out on our
acknowledgment of order supersede any terms and conditions proposed by the buyer and may not be varied except with the written consent of the seller.
2 The seller reserves the right by notice given at any time before delivery to vary the price of the goods if, after the date
on the acknowledgment of order, there is any increase or decrease in the total cost of such goods to the seller arising from any cause beyond the seller's control. Provided that if any such price variation shall increase the price of the goods by more than 10% over that ruling at the date
on the acknowledgment of order, the buyer may by written notice to the seller cancel the undelivered balance of this contract.
3 The seller shall not be liable for :-
(a) failure to perform any obligation hereunder if such failure was caused by circumstances beyond the sellers control or
(b) delay howsoever caused in performing any obligation hereunder
4 Each delivery shall be considered a separate transaction and the failure of any one delivery shall not affect the due performance of the contract.
5 All claims for damage to or partial loss of goods in transit must be submitted in writing to both the carrier and the seller within three days of delivery. in the case of non delivery of the whole consignment claims must be submitted in writing to both the carrier and the seller within seven days of receipt by the buyer (or the buyer's agent) of notification of despatch of the goods In the absence of claims within the terms mentioned above the goods shall be deemed to have been delivered in accordance with the contract.
6 All warranties and conditions expressed and implied, statutory and otherwise, as to the quality of the goods or their fitness for any purpose are hereby excluded and the seller; shall not be liable for any loss injury or damage arising directly or indirectly from the use, application or storage of such goods. Without prejudice to the above the
seller will be prepared to consider claims concerning the quality of the goods provided that such claims are notified to the
seller within 30 days of receipt of the goods by the buyer, and provided that the goods have in no way been subjected to further processing.
7 The seller may, without prejudice to its other rights and remedies, terminate
the contract if either there shall be any breach by the buyer of any term or condition hereunder or the financial responsibility of the buyer shall, in the opinion of the seller, become impaired or unsatisfactory
8 Where the buyer has specified that the goods shall be of a certain colour or size, such specification
shall be subject to reasonable commercial variation.
9 The construction, validity and performance of this contract shall be governed by the internal law of England.
10 When goods are made or adapted by the seller in accordance with the buyer's specifications the buyer shall indemnify the seller against all costs, claims and expenses incurred by the seller in respect of the infringement or alleged infringement by such goods of any patents, registered designs, trade marks or other rights belonging to third parties
11 Unless otherwise agreed in writing, terms are net cash and accounts are due for payment not later
than the payment due date on the invoice relating to the delivered goods.
12 All goods after despatch are uninsured and at the buyer's risk.
13 Where the seller is executing the buyer's order makes use of material supplied by the buyer the seller does not warrant that the goods supplied are suitable for the purpose required by the buyer and if such completed or otherwise unsatisfactory following the workmanlike processing of them by the seller the responsibility therefore shall be borne by the buyer
14 The goods are supplied in accordance with the specifications (if any)
submitted to the buyer and any additions and alterations shall be the subject of an extra charge. If the seller adopts any changes in construction or design of the goods or the specification thereof the buyer shall accept the goods so changed in fulfilment of the order.
15. The risk in the goods shall pass from the seller to the
buyer upon delivery of such goods to the buyer. However, not withstanding
delivery and the passing of risk in the goods, title and property in the goods,
including full legal and beneficial ownership, shall not pass to the buyer until
the seller has received in cash or cleared funds payment in full for all goods
delivered to the buyer under this and all other contracts between the seller and
the buyer for which payment of the full price of the goods thereunder has not
been paid. Payment of the full price of the goods shall include the amount of
any interest or other sum payable under the terms of this and all other
contracts between the seller and the buyer under which the goods were delivered.