Page 167 - Grax Catalogue 2022

Terms and conditions of sale

Grax Limited (Hereafter called “the company”)

1) General. The term “Customer” refers to any company, firm or individual placing an order with us. These terms will be in
accordance with English Law and the statutory rights of a person “dealing as a customer” under the terms of the Unfair Con-
tract Act 1977 will not be affected.
2) Validity. These terms are the only ones that will apply to any order accepted from a customer and the company will not be
bound to accept standard terms and conditions printed on the customers purchase order, unless agreed in writing.
3) Prices. All prices quoted are exclusive of Value Added Tax. Whilst the company will endeavour to maintain prices for the
period of the contract, in the event of any increase in costs to the company of materials, goods, labour, overheads or errors
in quotations, then the company reserves the right to adjust prices accordingly without prior notice. The company may at its
discretion levy a minimum order charge on small orders.
4) Payment. Payment terms are Cash with Order or Net Monthly Account after satisfactory application with suitable trade
references has been made. Payment will be due by the end of the month following that in which delivery was made and the
goods / service invoiced. Interest at 2.5% per month may be charged on any outstanding balance, to accrue on a day to day
basis. Any legal costs incurred in the collection of outstanding moneys will be paid in full by the customer. Should a cheque be
represented, referred to drawer or refused payment then a charge of £8.00 will be incurred.
5) Delivery. The company will endeavour to deliver goods by the specified date but will not accept any form of penalty or
accept any liability for loss in any manner due to late or non delivery of goods within such time.
6) Packing and Carriage. Unless otherwise agreed, packing materials and carriage expenses will be charged at the rates pre-
vailing at the time of despatch. Non delivery of goods must be notified to the company within seven days of the invoice date.
Goods damaged in transit must be notified to the company in writing within three days of the invoice date and packaging etc.
retained for examination by the carriers.
7) Ownership. Title in the goods supplied will remain with the company until such time that sums in payment for the goods is
made in full. In the event of the customer defaulting, making an arrangement with creditors, petitioning for bankruptcy or ap-
pointing administrators or receivers then the goods must be kept available for the company to collect and the company may be
entitled to enter any premises where the goods may be located to recover them. It will be the responsibility of the customer to
ensure that all goods not yet fully paid for are kept such that they are identified as the company’s property. Until such time as
payment is made in full the relationship of bailor and bailee shall exist between the company and the customer.
8) Risk. The risk in the goods shall pass to the customer on delivery and the company will accept no liability in the goods
thereafter. The customer will be responsible for the insurance of the goods to their full value as invoiced.
9) Guarantee. All goods are guaranteed as free from defects in material or faulty workmanship for a period of twelve months
from the date of purchase. The company will at its discretion repair or replace the goods free of charge or refund or credit the
invoiced cost of the goods. The company will not accept liability for any form of consequential loss, damage, injury or expense
incurred due to the failure of any product supplied to perform as specified. The company will not be liable for any failure
caused by wear, neglect, handling, miss-use, inappropriate storage, testing, accidental damage or lightning induced transient
voltages.
10) Returns. Any goods returned under terms of the guarantee or for repair must be suitably packed and with the nature of
the fault and the full name and address of the customer clearly indicated. Goods returned in as new condition for credit due
to incorrect ordering or specification will be subject to a handling charge at the company’s discretion of 15% of the invoiced
value.
11) Cancellation. Any order accepted by the company may not be cancelled except with the written consent of the company.
The customer will accept liability to reimburse the company for any loss or expense incurred due to such cancellation and at
the company’s discretion is subject to a charge of 15% of the order value.
12) Specification of Products. The company is continually adding new and improved products. It reserves the right to alter
the specification and price without any prior notice. All descriptions and specifications in literature, brochures, catalogues and
price lists are approximate and intended for illustration only. Any advice given by the company is for general guidance and the
company will not accept any liability for loss, damage, injury, or expense arising from such advice.
13) Suitability of Products. The company does not claim that products are suitable for a particular use and the responsibility
rests with the customer to sample and test the products as to their suitability for an application. The company will not be liable
for any loss, damage, injury or expense, consequential or otherwise, incurred arising from the use of a product or the failure of
a product in an unsuitable application.
14) Forced Majeure. The company shall not be liable for any failure to fulfil the terms of any contract in the event of war,
invasion, act of an enemy, riot, civil commotion, fire, flood, explosion, strike, lockout, criminal damage, act of God or failure of
the company’s suppliers to make delivery or any other circumstances that are beyond the company’s reasonable control.
15) Legal Jurisdiction. The contract shall be governed by English Law and the customer agrees to submit to the sole jurisdic-
tion of the English Courts in any dispute arising from the contract.

Our policy is one of continuous improvement and the right to alter products or prices within this catalogue is reserved.

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