Conditions Of Sale

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GENERAL
 
1.1

In these Conditions "the Company" shall mean NORGREN Ltd and "the Products" shall mean all goods and services and associated documentation to be supplied under this Contract. "Writing" includes telex, cable, facsimile transmission, electronic data transfer and comparable means of communication. All quotations are made and all orders are accepted subject to these conditions. All other terms conditions or warranties whatsoever from the contract or any variation thereof unless expressly accepted by the Company in Writing (order acknowledgements do not constitute such acceptance). In particular, in no circumstances will any conditions of purchase submitted at any time by the Customer be applied to this or any other Contract and any failure by the Company to challenge any such conditions of purchase does not imply acceptance of those conditions of purchase. In the event of a conflict between these conditions and the specific terms and conditions of quotation then the latter shall prevail. Acceptance by the Customer of delivery of the Products shall be deemed to constitute unqualified acceptance of these conditions.

 
1.2

Unless otherwise stated therein quotations shall be available for acceptance for a maximum period of 30 days from issue and may be withdrawn at any time by written or oral notice.

 
1.3

Any statement or representation (other than in the Company's quotation or order acknowledgement) by the Company its servants or agents upon which the Customer wishes to rely must be set out in Writing and attached to or endorsed on the Customer's order and in any such case the Company may confirm, reject or clarify the point and submit a new quotation. Any statement or representation which is not so confirmed in Writing is followed or acted upon entirely at the Customer's own risk.

 
1.4

The contract is between the Company and the Customer as principles, neither the benefit nor the burden is assignable by the Customer without the Company's written consent; the contract may be assigned or sub-contracted by the Company.

 
1.5

Unless specifically agreed to the contrary all trade terms shall be interpreted in accordance with current INCOTERMS.

 
1.6

If, subsequent to any contract of sale which is subject to these conditions, a contract of sale is made with the same Customer without reference to any conditions of sale or purchase, such contract howsoever made shall be deemed to be subject to these conditions or (if different) the standard Conditions of Sale of the Company current at the time when such contract of sale is made.

 
ELECTRONIC TRADING
 
2.1

If the Company and Customer agree that electronic trading between them shall be a basis for order processing and invoicing than the Standard Interchange Agreement (3rd Edition December 1993 as amended or revised from time to time) of the Electronic Commerce Association (or any successor or body or association) shall be incorporated into the contract by reference. If and to the extent of any conflict or inconsistency between these conditions and the Standard Interchange Agreement, the former shall prevail.

 
2.2

Electronic orders shall be valid if all the information agreed between the Customer and the Company as being required is properly set out in the agreed format and the order is transmitted by the Customer to the Company by reference to the correct identification code and is received by the Company when collecting its electronic mail from the relevant system.

 
2.3

Each valid electronic order will be deemed accepted by the Company, unless the Company communicates rejection of the order to the Customer by electronic or other means (including telephone) within two working days of receipt. Acceptance of an order shall constitute a contract for sale and purchase to which these conditions and the Standard Interchange Agreement shall apply.

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