B W Electronics Limited

Quality Contract Manufacturing & Design

Conditions of Sale

1. Definitions.

“Buyer” means the person, firm or company named overleaf.
“Seller” means B W Electronics, or a subsidiary thereof.
“Products” and/or “Services” means the articles or services of any of them described overleaf.

2. Variation.
Any variation of these conditions in any document of the buyer is inapplicable unless accepted in writing by the Seller.

3. General.
All products and services supplied subject to the following terms and conditions and insofar as they maybe excluded all other liabilities, conditions, guarantees, warranties, terms, undertakings, authorized officer(i)no verbal written or other addition hereto or variation or waiver hereof shall be effective and (ii) in the event of any conflict or inconsistency between these conditions and the terms of any order these conditions shall prevail.

4. Validity.
Quotations and offers are open for acceptance within thirty days only from date thereof and are subject to confirmation in writing at time of such acceptance. The right is reserved to withdraw any quotation or offer at any time either verbally or in writing and no liability whatsoever shall be incurred by such withdrawal.

5. Cost Variation.
Quotations are based on the current costs of production and are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs. We reserve the right to complete a customers order within or minus five per cent of any quantity within this percentage to be accepted whether follow on orders are imminent or already placed.

6. Delivery and Delay.
(a) Delivery may be subject to delay and arises from circumstances beyond reasonable control the Sellers or their suppliers the Sellers can accept no liability whatsoever for delay or loss or damage resulting there from however caused.
(b) Orders may not be cancelled on the grounds of any delay except by mutual agreement and time for delivery shall be extended by the period of delay, but if the delay exceeds three calendar months, then the Buyer may be giving notice to the Seller to cancel the order.
(c) Time shall not be of the essence in relation to delivery unless expressly agreed in writing between the parties.
(d) Cancellation of order can only be accepted with our consent and on terms that indemnify us against loss.

7. Claims.
Claims arising from damage, delay or partial loss of goods in transit must be made in writing so as to reach us within three working days of delivery and claims for non-delivery within fourteen days of despatch of the goods. All other claims must be made within ten days of delivery.

8. Customer’s property and property supplied.
(a) Customer’s property and all property supplied to us by or on behalf of the customer will be held at customer’s risk.
(b) Every care will be taken to secure the results where materials or equipment are supplied by customer’s but responsibility will not be accepted for imperfect work or defects in or unsuitability of such materials or equipment.
(c) Where the customer supplies materials adequate quantities shall be supplied to cover spoilage.

9. Payment.
Unless otherwise stated on our current quotation, the total value of the invoice is payable 30 days from date of invoice date. If invoice is not paid on due date, interest shall be chargeable at a rate of 4% over HSBC Bank rate per day the invoice remains unpaid.

10. Preliminary Work.
Work produced whether experimental or otherwise at customer’s request will be charged for.

11. Special Delivery.
Should special delivery be agreed and necessitate overtime, extra delivery or other additional costs, an additional charge may be made. Otherwise postage, packing and carriage will be charged for.

12. Liability.
 We shall not be liable for indirect or consequential loss or for any loss to the customer arising third party claims occasioned by errors in carrying out the work or by delay in delivery. We do not accept responsibility for the performance of our product or for any loss occasioned thereby.

13. Force Majeure.
Every effort will be made to carry out the contract but its due performance is subject to cancellation by or to such variation as we may find necessary as a result of inability to secure labour, materials or supplies or as a result of any act of God, War, Strike, Lock-out or other labour dispute, Fire, Flood, Drought, Legislation or other cause (whether of the foregoing class or not) beyond our control.

14. Title of Goods.
(a) Until full purchase price is paid to the Company the title of the goods shall remain vested to the Company and failure to pay any part of the purchase price in full or comply with any provisions herein shall give the Company the right to take possession of the goods without notice and without liability and at its option to avail itself of any legal remedy in addition to repossessing the goods.
(b) Notwithstanding the title has passed, the risk of loss or damage shall be the purchasers as form the date of delivery of the goods at the site nominated by the purchasers.

15. Law.
The contract shall in all respects be governed and construed in accordance with English Law.

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