Rowland Tools Limited (“The Company”) only do business upon the following Conditions of Sale and all orders are accepted and executed on the understanding that these Conditions are incorporated into any Contract with a Customer to the exclusion of any conditions which the Customer seeks to impose.
All orders will be invoiced at prices ruling at the date of despatch and where applicable V.A.T. will be added to the invoice.
Every attempt will be made to meet quoted delivery times but time shall not be of the essence unless specifically so agreed in writing. The Company accepts no responsibility for the delay howsoever caused. If performance of any of the Company’s obligation shall be prevented hindered or interfered with by any cause or reason beyond the reasonable control of the Company the Company shall have the option to suspend or cancel any obligation then unperformed.
Subject to (2) above the goods are normally despatched to addresses in the U.K. Orders over 2kg will be delivered by courier. The right is reserved to supply goods in nearest packaging where an order does not meet the Company’s standard packed quantities.
Goods returned must be of the Company’s current specification, undamaged and with packaging intact.
Orders will only be considered cancelled by the Company after written agreement on mutually satisfactory terms. The Company reserve the right to consider an order cancelled, without prejudicing any right it may otherwise possess if a customer has a.receiver appointed, goes into liquidation, compounds with his creditors or commits an act of bankruptcy.
The Company will not be responsible for any delay occasioned by carriers after despatch from the Company’s works. Any damage or shortages must be notified in writing, both to the carriers and to the Company within three days of receipt of goods. In the case of non-delivery claims must be made within seven days from receipt of invoice.
The supply of items manufactured to special order by the Company will in every case be the subject of a separate contract under specific conditions of sale.
All goods are described as accurately as possible in the Company’s publications but minor variations from these specifications will not constitute a breach of contract. Goods sold by the Company are guaranteed against defective materials or faulty workmanship but the Company’s liability is limited to replacement of the said goods or refund of any price paid for them if when the goods are returned to the Company they are upon examination found to have been defective at the time of despatch. It shall be the Customer’s responsibility to satisfy himself that the goods are suitable in every way for the purpose for which he intends to use them and no warranty, condition or representation is given by the Company as to the fitness of the goods for any particular purpose. The Company accepts no liability for any consequential loss or damage howsoever caused, and the guarantee given above is given in lieu of and to the express exclusion of all other guarantees conditions warranties representations express or implied except where the law at any time prohibits the exclusion or restrictions of such liability. No claims for faulty materials or workmanship will be entertained if modifications or repairs to the goods have been effected other than by the Company.
These Conditions of Sale shall be construed in accordance with English Law and be subject to the jurisdiction of the English Courts.