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General Conditions

Conditions of Sale


These general conditions apply to all quotations and contracts of sale for and on behalf of Klingspor Abrasives Limited (hereinafter referred to as Klingspor).

Headings
1 All headings are for guidance only and do not form part of
these Conditions of Sale.

Alterations
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 value’. Below this the transport costs are chargeable to
the customer.
3.5 Any orders accepted below the ‘minimum order values’ 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 Barclays 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.

Quantity Variation
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.

Returns
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.

Title Retention
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.


Klingspor Abrasives Limited
4/14 © Klingspor Abrasives Ltd 2014
E. & O.E.