1. Application of Conditions

Contracts and orders are only entered into or accepted subject to the conditions of sale of Tower Flue Components Ltd/Grasslin (UK) Ltd /Myco Engineering Ltd/ MTD Plastic Coaters Ltd ('the Seller') as set out below. No variation of these conditions is binding upon the Seller unless accepted in writing signed by the Seller. In the event of any conflict between these conditions and any conditions imposed by a Buyers offer these conditions shall prevail. Acceptance of delivery of goods by a Buyer shall be deemed to amount to acceptance of these conditions as varied as aforesaid.

A quotation by the seller is not an offer to sell and may be withdrawn without notice. Any order given in reliance upon a quotation is not binding upon the Seller unless and until subsequently accepted in writing signed by the Seller.

Unless otherwise agreed in writing signed by the Seller the price of any goods ordered from the Seller will be at the Seller's standard price ruling at the date when the goods are despatched by the Seller to the Buyer. Any price quoted in a quotation may be subject to increase at any time before the goods are despatched by the Seller to the Buyer.

All goods will be manufactured to the Seller's normal specification and tolerance unless otherwise specified by the Buyer and such variation accepted in writing signed by the Seller. Items may differ slightly in detail from illustrations in brochures, catalogues etc., as the Seller is constantly making efforts to provide improved designs based on latest methods of manufacture. The Buyer shall not raise any objection in respect of any such slight differences in detail.

No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of any goods supplied by the Seller to a Buyer or that they will be suitable for a particular purpose or for use under any specific conditions notwithstanding that such purpose or conditions may be known or made known to the Seller.

Goods claimed by the buyer to be defective shall be returned by the Buyer to the Seller at the buyer 's expense within fourteen days of the Buyer's discovery of such defect or within six months of the date of delivery of the goods in question whichever shall be the shorter period. If the Seller accepts that the goods in question were supplied by the Seller to the Buyer in a defective condition (or in default of agreement in the event of a finding by a body having jurisdiction that such goods were supplied by the Seller to the Buyer in a defective condition) the Seller will if practicable replace the goods originally ordered or if in the opinion of the Seller rectification or replacement is not practicable the Seller will credit the value of the goods in question at the invoice price.

Where a contract is made for the supply of goods by the Seller to a Buyer with delivery to be made by instalment the discovery of defects in goods comprised in an instalment shall not be a ground for recision of the contract by the Buyer.

The Seller's liability with respect to any defects in goods supplied under a contract shall be limited to its obligations under this condition. The Seller shall not be liable for any claim for work done by a Buyer in respect of defective goods nor for any loss damage liability or expense whatsoever arising directly or indirectly howsoever arising and whether consequential or otherwise in respect of any such defective goods.

The Seller does not accept any responsibility for goods damaged in transit unless such damage is reported by separate notice in writing by the Buyer to the Carriers and by the Buyer to the Seller within ten days of receipt of the goods by the consignee and the goods have been signed for as "Not Examined".

In the event of non delivery of any goods in whole or in part no claim can be entertained by the Seller unless notice in writing of such non delivery is received by the Seller within ten days of the date of despatch of the goods by the Seller to the Buyer or the date of despatch by the Seller to the Buyer by post of a despatch notice whichever shall be the later.

Delivery commitments are entered into in good faith but unless otherwise agreed in writing signed by the Seller times shall not be of the essence of the contract and the Seller shall not be liable for failure to deliver on the specified date.

Refusal of the Buyer to accept the whole or any part of a delivery of goods at the time specified in the contract shall permit the Seller to treat the Buyer's refusal as a repudiation of the contract and to release the Seller from an obligation to make further deliveries without prejudice however to the Seller's rights to recover damages from the Buyer in respect of the Buyer's breach of contract.

In the event of dislocation of work in the establishment of the Seller during the currency of the contract owing to strikes, lock-outs, trade disputes, breakdowns, accidents and/or causes beyond the Seller's control deliveries may be partially or wholly suspended upon notice given until the dislocation in working is ended. The times of any such suspension will be added to the times of the original contract.

A cancellation of an Order by a Buyer is not permitted except by agreement in writing signed by the Seller. Any purported cancellation without the Seller's consent shell amount to a repudiation of the contract by the Buyer for which the Seller shell have a right to recover damages for breach of contract.

Terns of payment are strictly nett cash due on or before the last day of the month following date of invoice. Cash discounts are allowable where quoted by the Seller or identified on the Seller's invoice. If any repayment is in arrears the Seller reserves the option to decline to make any further deliveries. In the event of non payment within our contract terms, interest is payable at the rate of 2% per month and in the event of the issue of legal proceedings for recovery of any outstanding amount, a collection charge of £5O.OO is payable by the Buyer and will be added to the debt outstanding in any such proceedings.

Unless otherwise agreed in writing by the Seller the ownership of goods supplied by the Seller shall not pass from the Seller until payment for those particular goods has been made. Until the ownership of such goods has passed from the Seller the Buyer will be responsible for the safe keeping of the same.