Terms and conditions
Creasey Castings – Conditions of Sale
1. GENERAL Creasey Castings (hereafter to be named the Sellers) will only commit to business upon and subject to the terms and conditions printed below which shall be deemed to be incorporated in any contract. The sellers conditions shall not be deemed to have been altered or varied by any conditions stipulated by the Buyer. Any statement otherwise capable of being treated as representations made by or on behalf of the seller prior to the Quotation, whether made orally or in writing, are withdrawn and superseded by the Quotation except in so far as the sellers have specifically confirmed them in writing at the time of despatch or of the Quotation.
2. WARRANTY Any guarantees, warranties or conditions (including any condition as to the equality of fitness for any particular purpose) whether expressed or implied by statute or common laws are excluded and are hereby expressly negated and the following conditions of sale will apply.
3. QUOTATIONS The acceptance of a quotation within 60 days shall form a binding contract subject to these conditions of sale. Quotations not accepted within 60 days shall be deemed to be withdrawn unless confirmed by the sellers.
4. SUB-CONTRACTING WORK The sellers reserve the right to sub-contract the whole or part of any works at their absolute discretion.
5. PRICES Unless the order is accompanied by sufficient information, drawings and data to enable work to proceed forthwith, The seller is at liberty to amend prices quoted herein to cover any increase in cost during the period of delay caused by the lack of such details. The seller reserves the right to alter prices without notice if any fluctuation in costs arise after acceptance of the order due to factors outside the control of the seller and affecting all or any part of an order. Any alterations by the Buyer in design, weight, quantities, or specification and any suspension of work due to instructions or lack of instructions, will involve adjustment of the agreed or quoted prices, if the costs are affected thereby.
6. CANCELLATIONS The seller reserves the right to withdraw or cancel any quotations at any time before acceptance without notice.
7. TERMS Prices quoted exclude VAT or other applicable taxes. Accounts are due for payment not later than 30 days from invoice date. We reserve the right to retain patterns on accounts with balances outstanding
8. PATTERNS A. Where the Buyer supplies patterns the quotation of the seller assumes that such patterns are in good condition, true to drawings and entirely suitable for the sellers method of production and for the production of the casting in the quantities required.
B. Buyer’s patterns will be stored during the currency of the order, at the sellers expense but maintenance and/or repairing of patterns due to normal wear and tear or additional patterns necessary to meet increases in the Buyers’ requirements of castings will be paid for by the Buyer.
C. Where patterns are not supplied by the Buyer only such patterns as are specially made and separately charged by the seller in full shall become the property of the Buyer when paid for in full.
D. The seller take all reasonable care to protect the Buyer’s patterns while on the sellers premises and so far as possible will store the Buyer’s patterns for a period not exceeding three years after the completion of an order. Thereafter the seller shall have the right to return or otherwise dispose of the patterns after giving one months’ notice to the Buyer at his last known address.
E. The seller does not accept liability for loss or damage arising from accidents, fire, larceny, riot or act of war and no insurance will be effected by the seller in respect of patterns in his custody.
9. CARRIAGE Unless otherwise specified prices quoted exclude packaging and delivery. At the option of the seller delivery may be either by the sellers own transport to the address stated on the Buyer’s enquiry, or by road Hauler to the address stated on the Buyer’s enquiry, subject to Haulage Contractor’s conditions.
10. DELIVERY Time for delivery is estimated as accurately as possible but is subject to any delays or breakdowns beyond the control of the seller and is not guaranteed. Provision for penalties for delay in delivery or otherwise, are excluded from any contract based on this tender. The period specified for delivery is exclusive of any period required for the making of modifications or alterations instructed by the Buyers after the order is placed and shall commence only from the date of written approval of the sample casting. Occasionally difficulties are experienced in the manufacture of castings, in which case the seller does not accept any responsibility for delay. Should the Buyer suspend, cancel, or reduce the quantity requirements, including cancellation or suspension of firm schedules, he will be liable for any work in progress so suspended or cancelled and will accept and pay invoices rendered for that work in progress. Storage charges may be made for goods remaining on the sellers premises longer than one month. If any payment due by the Buyer is in arrears, the sellers shall have the right by written notice posted to the Buyer, to suspend all further deliveries until the default is made good, or to determine the contract then subsisting so far as any further goods remain to be delivered for purchase to any claim or right the seller may otherwise make.
11. DAMAGE, SHORTAGE OR LOSS The seller does not accept responsibility for any damage, shortage or loss in transit unless: Damage or shortage is notified in writing both to the seller and to the carrier within three days of receipt of goods and the goods have been signed for as "not examined" and have been handled by the Buyer in accordance with the Carriers terms and conditions, or
Non-delivery (in the case of total loss) is notified both to the seller and to the carriers within ten days of the date of despatch.
12. SAMPLES Samples submitted will be payable by the Buyer unless returned to the seller works carriage paid within one month from the date of despatch. In all instances where the seller is working from a new pattern, an altered pattern, or a pattern supplied fresh from the Buyer, the seller may submit sample castings for approval before executing the bulk of the order which will only be commenced on receipt of such approval in writing. Where the Buyer supplies a new pattern, or an altered pattern and the pattern work has not been undertaken by the seller, then samples will be payable by the Buyer.
13. TESTS Unless otherwise stated the cost of supplying, machining or testing all test pieces required by the Buyer, will be charged extra. When figures or particulars relating to physical or chemical properties are indicated they are to be regarded as a general guide only and constitute no guarantee from the seller unless specified margins have been agreed at the time of placing the order. Whilst every effort is made to provide sound castings no express or implied warranty is given by the seller as to the fitness or suitability of the casting for any particular purpose, whether such purpose is known to the seller or not.
14. DEFECTS Any casting made by the seller and subsequently agreed by the seller to be defective in workmanship or materials provided they are returned within three months from the date of despatch, will be credited to the Buyer.
The Buyer shall make every effort to ascertain any possible defects as soon as possible after delivery of the casting, including any necessary test or inspection during or after machining. Immediately after discovery of any such defects, the Buyer shall notify the seller in writing and give the seller a reasonable opportunity to take prompt measures to prevent a repetition of the defect. Defective castings will not form the subject of any claim for labour, machining, costs or other expenditure thereon or for resultant loss or damage arising our of any such defect No claim for free replacement or otherwise will be accepted in respect of any castings found to be defective through faults in the design or construction of patterns supplied by the Buyer. Any casting made by the seller and subsequently agreed by the seller to be defective in workmanship or materials that are not returned within three months from date of despatch will be credited to the Buyer according to weight of material returned only.
15. PACKING Where practical castings will be packed in disposable boxes. Where special packaging is required these will be charged extra but will be credited in full on return to the sellers works carriage paid and in serviceable condition within one month of receipt by the Buyer.
16. INFRINGEMENT OF PATENTS OR REGISTERED DESIGNS The Buyer shall indemnify the seller against all damages, penalties, costs and expenses to which the seller may become liable as a result of work done in accordance with the Buyer’s specification which involves infringement of a patent or registered design.
17. ARBITRATION AND LEX LOCI. The law of England shall govern the construction, validity and performance of any contract, or order accepted under these conditions. Any question, dispute, or difference, which may arise under, out of, or in connection with, or in relation to this contract, or under, or touching the meaning of, or construction of the same, shall be referred to the arbitration of a person to be appointed failing agreement of the parties, by the president of the Law Society for the time being and the decision of such arbitrator shall be binding on both parties and shall be a submission to arbitration within the meaning of the Arbitration Act 1950 or any statutory modification thereof for the time being in force