|
|
CARRIAGE AND DELIVERY
(i) ISHICO reserves the right to charge carriage on deliveries as appropriate.
(ii) Delivery dates are given in good faith by ISHICO to indicate estimated delivery times but shall not amount to any contractual obligation to deliver at the times stated in any communication by and on behalf of ISHICO.
(iii) Where Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by ISHICO to delivery any one or more of the instalments in accordance with these Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the contract as a whole as repudiated.
(iv) No liability for direct or consequential loss or damage arising from delay in delivery of the Goods, including without prejudice to the generality of the foregoing any delays due to an Act of God, war, civil disturbance, strikes, lock-outs, or any act outside ISHICOs control, will be accepted.
(v) The Customer shall:
(a) check all Goods delivered by or on behalf of ISHICO and sign the Delivery Note for the Goods at the time of delivery;
(b) mark any discrepancies between Goods Ordered and Goods delivered on the Delivery Note prior to signing; and
(c) refuse any Goods found to be damaged and mark the Delivery Note accordingly.
(vi) Any claims over damaged Goods or discrepancies between the Goods listed on the Advice Note and the Goods delivered to the Customer must be submitted to ISHICO with full particulars of the Order, the Delivery Note, the Advice Note, and other relevant information in writing within two days of delivery, failing which ISHICO cannot accept liability. The submission of a claim within this time limit does not necessarily mean that ISHICO will accept liability in relation to such claim. A Delivery Note signed unexamined is not sufficient to uphold a claim.
(viii) ISHICO shall not be liable for any loss resulting from the Customers failure to comply with the requirements, conditions or regulations of the Post Office or an independent carrier appointed to transport the Goods.
6. GUARANTEES, WARRANTIES AND LIMITATION OF LIABILITY
(i) Except as otherwise provided under these Conditions, ISHICO gives no guarantee or warranty in respect of Goods supplied by ISHICO in addition to that given by the manufacturer of such Goods, and accepts no liability and gives no warranty in relation to defects in such Goods, and in particular, but without prejudice to the generality of the foregoing, ISHICO does not accept any liability in respect of fitness for purpose, quality or merchantibility of such Goods, whether express or implied, statutory or otherwise. The term “satisfactory quality” implied under the Sale and Supply of Goods Act 1994 in contracts for the sale of goods shall be expressly excluded from all such contracts which ISHICO enters into with its Customers.
(ii) ISHICO will within its absolute discretion repair or replace any ISHICO Proprietary Product (or refund the purchase price thereof) which is defective in materials or workmanship at the time of delivery, provided that:
(a) such defect would not have been apparent on inspection, and;
(b) notice has been given of such defect within 14 days of the date by which the purchaser could first reasonably have ascertained that such defects existed and within two calendar months after delivery; and
(c) the Customer or end-user has not dealt with the goods in such a way as to render their condtion worse that when they were delivered.
(iii) All descriptions, weights and dimensions issued by ISHICO are approximate only and are intended only to present to indending Customers a general description of the Goods to which they refer, and no warranties or representations are given or should be inferred therefrom.
(iv) Variations of colour, finish, materials and all other aspects of appearance may occur from time to time in ISHICO Proprietary Product either through unavailability of materials or due to ISHICOs policy of continuing product development.
(v) ISHICO does not accept liability for failure to comply with any standards or regulations required by law (the Legal Requirements) in respect of Goods supplied by ISHICO or for indirect or consequential loss or damage arising from such Goods.
(vi) Without prejudice to the operation of any other Conditions herein any liability of ISHICO in respect of any defective ISHICO Proprietary Product shall be limited to, and not exceed a sum equal to the purchase price of that part of the Goods in respect of which the defect has occurred.
(vii) The Customer who purchases ISHICO Proprietary Product warrants that the Goods will not be sold or distributed or otherwise dealt with unless he has first applied to the Goods such protective or other packaging and all such warnings, notices, statements or markings, and taking all such other precautions of whatsoever nature required by the Legal Requirements or necessary and appropriate to preclude the making of any legal claim or prosecution on the grounds of absence of the Legal Requirements by any person who may use or consume or be affected by the Goods. The Customer shall indemnify ISHICO against all claims, proceedings, costs or expenses which ISHICO may sustain by reason of any breach of this warranty by the Customer.
ORDERS
(i) ISHICO trading policy is only to supply bona fide trade Customers against official Customer Orders. The proper control and authorisation of official Orders is deemed to be the responsibility of the Customer. ISHICO cannot accept any liability for either the incorrect use or abuse of Customer official Orders.
(ii) ISHICO reserves the right, at any time and without explanation, to:
(a) refuse to accept an Order.
(b) cancel an Order.
(c) suspend deliveries against an Order whether or not an account is in arrears.
(d) refuse cancellation of an Order.
(e) cancel unexecuted instalments of an Order.
(iii) No variation of an Order will be recognised unless otherwise agreed by ISHICO in writing.
(iv) Written confirmation from a Customer or any Order made by him by telephone must be received by ISHICO within three days of the telephone call, and must be clearly marked as confirmation of such Order, otherwise ISHICO cannot be responsible for duplication of the Order.
(v) ISHICO retains the right to levy a handling charge, equal to 20% of the contract price, where a Customer cancels an Order.
(vi) When a Customer requests modifications to a standard ISHICO Proprietary Product, or requests that a new product be produced under any brand name, then the following terms apply in addition to all the rest of these conditions:
(a) the Customer will submit detailed specifications of the modifications or new product required.
(b) ISHICO will manufacture the new or amended product using reasonable care but shall not be liable in respect of any defect in any such product.
(c) the Customer will indemnify ISHICO from and against all costs, claims, losses or damages whatsoever arising by virtue of any defect in any such product save where such a defect is directly attributable to ISHICOs manufacture without reasonable care.
(d) the Customer warrants that it is the owner of the brand name under which the new product is produced or is duly licensed and authorised to use such brand name and will indemnify ISHICO against all and any loss, costs, claims and expenses arising from the use of such brand name.
(vii) Where Goods are supplied at the Customers Order specially from ISHICOs own or supplier’s works, ISHICO will require a non-refundable deposit from the Customer and ISHICO will only accept such Order on the understanding that under no circumstances will such Order be cancelled by the Customer. ISHICO reserves the right to pass on to the Customer any carriage charges incurred by ISHICO in obtaining a special Order from ISHICOs own or suppliers works.
RETURNS
(i) No Goods may be returned by a Customer without ISHICOs prior consent.
(ii) Goods returned for credit must be accompanied by an Advice Note quoting the number of ISHICOs Invoice against which the Goods were originally supplied, and the reason for return.
(iii) If items are returned for no good reason ISHICO will make a re-stocking or handling charge to the Customer.
(iv) No liability can be accepted for loss of or damage to Goods returned by the Customer without ISHICOs prior consent.
(v) If there is any discrepancy between Goods advised as returned and the actual Goods received, ISHICO will only credit the Goods actually received.
(vi) Boxes, cases and pallets that have been charged to the Customer will be credited in full when returned to ISHICOs despatching depot in good condition, carriage paid, within fourteen days from the date of ISHICOs Invoice. Drums will be charged according to manufacturers’ schedules.
|
|
|
|
