These general conditions apply to all quotations and contracts of sale for and on behalf of Klingspor Abrasives Limited (hereinafter referred to as Klingspor).
(1) All headings are for guidance only and do not form part of these Conditions of Sale.
(2) All prices, multipliers and quantity discounts are subject to alteration without notice.
Terms and Prices
(3.1) Payment will be due not later than the end of the month following the month of Klingspor’S invoice, but Klingspor may at any time require payment in advance of delivery.
(3.2) Prices are exclusive of V.A.T. and are subject to change without notice.
(3.3) If the order value exceeds the value for free transportation the cost of the transport will be paid by Klingspor.
(3.4) All orders are accepted subject to a ‘Minimum carriage free order values’. Below this the transport costs are chargeable to the customer.
(3.5) Any orders accepted below the ‘minimum order value’ will attract an administration charge in addition to the transport charge in 3.4 above.
(3.6) ’Minimum carriage free order values’ and ‘minimum order values’ are subject to alteration without notice.
(3.7) Klingspor reserves the right to claim interest at the rate of 4% per annum above the minimum base rate for the time being of Lloyds TSB Bank plc calculated on a daily basis on all sums due to Klingspor and unpaid from the date upon which payment is due under these Conditions of Sale until the date upon which payment is made including periods both before and after any Court judgement.
(3.8) All debt collection charges incurred by Klingspor, including costs of collection agencies will be charged to the customer.
(3.9) Samples and specimen products are only delivered against payment, unless the parties have otherwise agreed in writing with Klingspor.
(3.10) The price quoted for goods may be increased by Klingspor if Klingspor suffers any increase in the cost of labour, materials and transport between the date of accepting an order placed by the Customer and the date of delivery of the goods concerned.
(4) Due to the nature of the manufacturing process both Klingspor and the Customer will make an allowance to each other of a reasonable variation in the quantity of goods supplied for each order.
Delivery Date, Risk and Cancellation
(5.1) Any date given for delivery by Klingspor is to be considered as an approximate estimate and cannot be guaranteed.
(5.2) If Klingspor is compelled to cancel any contract or part contract the liability of the Customer to make payment for any goods which are delivered shall be unaffected.
(5.3) All risk in the goods shall pass to the Customer on completion of delivery.
Quality and Suitability and Exclusion of Liability
(6.1) The Customer will at all times determine the suitability of Klingspor’S goods for its intended use and the Customer will not rely upon any representations made by or on behalf of Klingspor.
(6.2) Klingspor warrants all its goods to be free of defects and within manufacturing tolerance. The Customer will accept slight imperfections in colour and appearance. All defects, damages or shortages must be notified by the Customer within seven days of receipt of goods. Thereafter liability will only be accepted in respect of latent defects.
(6.3) The decision of Klingspor about any alleged defect will be final and conclusive.
(6.4) If goods supplied or processed by Klingspor are found to be defective Klingspor undertakes at its option to replace the same or refund to the Customer the price of the goods provided always that the liability of Klingspor will in no circumstance exceed the cost of replacement or the price paid by the Customer for the goods.
(6.5) All warranties and conditions whatsoever, whether express or implied by statute or common law, are excluded and Klingspor will not be liable for any loss or damage from the supply of goods or from their use including any defect or failure in performance howsoever caused or occasioned except any liability which may arise from any act of negligence on the part of Klingspor which causes injury or death.
(7) Klingspor will not accept the return of any goods sold without its prior agreement. Goods which have been sold to a Customer’s size requirement will not be returnable in any event. Any goods which are authorised to be returned will remain at the risk of the Customer during transportation. If any goods are returned with the agreement of Klingspor a re-stocking charge of 15% plus V.A.T. will be applied and will be invoiced on receipt of the goods.
(8) The risk in the goods will pass to the Customer upon delivery but Klingspor will remain the legal owner of the goods until such time as the Customer has paid in full the price of the goods and has met all other indebtedness of the Customer to Klingspor. The Customer acknowledges that until the ownership in the goods is transferred the Customer will be in possession of the goods solely as bailee for Klingspor and if so required the Customer will store the goods separately from the Customer’s own goods and in such a fashion as to be readily identifiable to Klingspor.
Reservation of Copyright and Patent
(9) The design method of construction and content of all literature packaging and all other goods remains the property of Klingspor and the sale of any goods shall not give to the purchaser any implied licence to do any act which would otherwise constitute a breach of such industrial property rights.
English Law to Apply
(10) These Conditions of Sale are subject to and will be construed in accordance with English Law.
3/11 © Klingspor Abrasives Ltd 2011
E. & O.E.