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Terms of Business

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Terms of Business

Interpretation
(a) “The Company” Means Gloucester Heat Treatment Limited.
(b) “The Customer” Means the individual, Company or other legally recognised body with whom the contract is made.
(c) “The Quotation” Means the written or verbal estimate made by the company to the customer or its representative.
(d) “The Order” Means the written or verbal instruction given by the customer.
(e) “The Goods” Means the goods agreed to be supplied by the company to the customer under the contract.
(f) “Processes” Means all heat treatment operations and any other treatment including without limitation all consultancy services supplied in connection with the aforementioned process or separately. The words “Processing” and “Processed” shall be construed accordingly.

2. Quotations
(a) Any quotation is an invitation only, for the Customer to make an offer. No order in pursuance of any quotation shall be binding upon the Company unless and until accepted by the Company either on a standard acknowledgement order form or by processing the goods.
(b) Delivery of the goods to the Company for processing shall be taken as an unqualified acceptance by the Customer that the contract is governed by these terms and conditions.
(c) Quotations given by the Company from time to time shall be valid for sixty days only from the date upon which they were given. If the goods are not delivered for processing within that time they will be subject to confirmation or revision by the Company.
(d) Quotations given without viewing the actual goods to be processed are provisional only. The Company reserves the right to amend such estimates or decline the order after such examination.

3. Contract
Inconsistencies with these terms and conditions which may be contained in any terms and conditions in the Customers order shall not form part of any contract between the Customer and the Company unless accepted in writing prior to processing.

4. Prices
(a) All prices quoted are ex works and do not include packing, insurance, transportation, V.A.T. or any other additional costs, totally at the discretion of the Company.
(b) The price payable by the Customer for each delivery of goods shall be governed by current agreements. If no price has been agreed prior to the contract, the Company will have the unqualified right to charge according to its own estimation of the chargeable price for the processing of the goods.
(c) The Company has the unqualified right to adjust contracted prices to put the goods in a condition suitable for processing and/or the cost of work caused by any reason whatsoever beyond its control.

5. Responsibilities and liabilities
(a) The attention of the customer is hereby drawn to the provisions of section 6 of the Health and Safety at work act 1974. Information regarding processes will be made available upon request to ensure that as far as reasonably practicable the goods so treated are safe and without risk to health when properly used.
(b) Due to the inherent dangers in processing, the Customer is obliged to inform the Company as to the intended application of the goods after processing. This is specifically important if the goods are to be used with critical safety factors. The Company must also be informed of any known or likely impurities in or on the goods to be processed.
(c) The Company shall not be liable for any loss or damage suffered by the Customer which results from any process or advice even if arising from negligence of the Company or its servants.
(d) No clause in these terms and conditions shall exclude or restrict any liability enforceable against the Company according to the Unfair Contract Terms Act 1977.
(e) If any clause in these terms and conditions is judged to not satisfy the requirement of reasonableness as defined in the Unfair Contract Terms Act 1977 by a court of competent jurisdiction then the maximum liability of the Company shall be limited to the sum for which the Company is covered by insurance in such circumstances. The Company undertakes to maintain such insurance as may be reasonable and normal in the business carried out by the Company.

6. Warranty
(a) Due to the large differential between the Company’s charges and the possible value of the goods processed, the Company can only accept an order on the basis that its liability is limited to a sum not exceeding twice the amount payable by the Customer under the terms of the contract.
(b) The Company shall not be liable in respect of any goods or in respect of any defect resulting from any processing unless all the following conditions have been complied with:-
(I). The Customer has paid for all goods by the due date whether under this or any other contract.
(II). The Customer has complied with clause 5(b).
(III). There has been no attempt by any person or body other than the Company’s servants to affect any repair of the defective goods.
(c) The Company’s liability is limited to the terms of this warranty except in those cases where exclusion of liability is prohibited under the Unfair Contract of Terms Act 1977 whether or not caused by negligence or default of the Company its servants or agents whether or not such amounts to a breach of a fundamental term of the contract.

7. Quantity (a) All goods are checked by either counting (up to and including 50 components) or weighing before processing. This quantity is final and binding. The company will not take responsibility for loss, for
orders containing more than 50 components.
(b) When processing large batches of small components, wastage of up to 3% is to be accepted by the customer.

8. Sub-Contracts
The Company reserves the right to sub-contract any order in whole or part and these terms and conditions shall apply notwithstanding.

9. Delivery
(a) The Customer shall be responsible for all carriage charges.
(b) The Customer shall refund the Company all sums involved when the Company is obliged to make any payment for carriage.
(c) When goods are collected by an independent carrier, the Customer his servants and agents delivery shall be deemed to be completed when the goods leave the Company’s premises.
(d) The Company will not be responsible for any loss resulting from late delivery whatever the cause.

10. Customer Risk
Customers goods, jigs, tools or equipment whatsoever are accepted and stored entirely at the risk of the Customer, who shall be obligated to effect adequate insurance cover, and the Company shall not be liable for any loss or damage resulting from the necessary use of any such jigs, tools or equipment.

11. Errors
The Company reserves the right to correct any clerical errors made by its servants at any time.

12. Terms of payment
Unless otherwise agreed in writing, payment in full shall be made by the Customer and received by the Company by the 21st day of the month following the month of invoice. Failure to comply with the terms of payment shall entitle the Company to charge interest on any amount outstanding after the due date at the rate of 5% above the base rate of Lloyds Bank PLC then in force.

13. Title (1)
(a) All goods supplied by the Company to the Customer shall remain the property of the Company until full payment has been received by the Company.
(b) The Company permits the Customer to trade or work with the goods prior to payment insofar as these actions shall be deemed to have been effected on behalf of the Company who shall have the full legal ownership of the new product or proceeds from sale of these goods in the form of the new product.

14. (c) The Company may at any time revoke the permission to trade or work with the goods by written Notice to the Customer if the Customer is in default for longer than ten days in payment of any sum whatsoever due to the Company, if the Customer has bona fide doubts to the solvency of the Customer. In this event the Customer shall place the goods and/or the new product at the disposal of the Company, who shall be entitled to enter any
premises of the Customer to effect the removal of such goods and/or new products.

15. Title (2)
The title in any goods delivered to the Company shall pass to the Company when any process has been carried out by the Company and shall remain in the Company until full payment has been
received by the Company.

16. Waiver
If the Customer wishes to negotiate special terms it should apply in writing to the Company before the despatch of the relevant goods for processing by the Company

17. Proper Law and Jurisdiction
In the event of any provision in these terms and conditions becoming illegal or unenforceable under the law the remaining provisions shall not in any way be affected or impaired. The law of England shall govern these terms and conditions and all contracts resulting there from.