THE MILLINGTON SLITTING & REWINDING COMPANY LIMITED

TERMS & CONDITIONS OF SALE

1. Unless otherwise agreed in writing the Terms & Conditions set out below shall apply overriding any Terms & Conditions contained in the customer’s order which conflict or purport to modify these Terms & Conditions.
2. Orders placed with us shall require our written acceptance before any contract arises unless otherwise agreed between us and the customer.
3. Prices quoted are exclusive of V.A.T. and any other taxes, levies or duties. Unless otherwise agreed by us all charges whatever in relation to the carriage and delivery of the goods and all taxes, levies and duties shall be paid by the customer.
4. We will use our best endeavours to maintain quoted completion delivery dates but they are not guaranteed and time shall not be of the essence for the delivery of materials and delivery dates in correspondence shall be estimates only. We shall not be liable for any loss incurred by the customer if completion and deliveries by us should be delayed for any reason whatsoever. In particular but without prejudice to the foregoing in the event of any delay caused by strikes, lock-outs, break-down of plant, non-availability of parts or materials or other causes beyond our control. Any quoted completion or delivery date is deemed to have been extended by the period of such delay.
5. Quotations for goods which are ex-stock are subject to goods remaining unsold.
6. The agreement shall be deemed to be a severable contract in respect of each item of materials to be delivered and liability for payment shall fall due without regard to shortages of or damage to other materials.
7. From the time of delivery, the goods shall be at the risk of the customer who shall be solely responsible for their condition but the goods shall remain our property until payment in full has been made to us. In the event that the customer disposes of the goods prior to payment in full the customer shall receive and retain any monies or benefits derived therefrom on our behalf. In the event that the customer becomes bankrupt or insolvent or being a company going into liquidation the trustee or liquidator or other appropriate officer will at his own expense return to us the goods in which title has not so passed.
8. (a) Materials supplied shall be inspected by the customer and accepted on delivery.
   (b) The customer shall notify us in writing within forty-eight hours of delivery of any shortages in or damage to the goods delivered otherwise we shall be under no liability in respect thereof.
9. Unless otherwise agreed payment must be made by the customer within thirty days of the date of delivery to the customer. In the event of payment not being received on the due date the customer shall be liable to pay interest on the amount outstanding at the rate of 5% above the base rate of Barclays Bank plc from time to time in force. Monies falling due shall be payable without deduction for whatever reason and without right of set-off.
10. Subject to other provisions of these Terms & Conditions of Sale any liability hereunder on our part be strictly limited to the invoice price of the goods supplied and we shall not be liable for any consequential loss of any kind howsoever arising.
11. If the customer shall become bankrupt or insolvent or shall compound or make any arrangements with the customer’s creditors or being a company shall go into liquidation or have a Receiver appointed of its assets we reserve the right to cancel all or any orders placed by the customer and to re-sell the goods and any loss sustained on such re-sale be paid to the company by the customer.
12. The Conditions and any agreement incorporating these conditions shall be subject to and construed in accordance with English Law.