Navigator Catalogue - Flipbook - Page 106
TERMS AND CONDITIONS
4.
CLAIMS IN RESPECT OF DELIVERY SHORTAGES AND DISCREPANCIES
General Conditions of Sale of Navigator® MSL Limited
4.1.
Unless claims for short weight are made in writing to the Seller as required under clause
6.7.1, the Seller shall not be liable. If the Seller delivers up to and including 10% more or
less than the quantity of the Goods ordered the Buyer may not reject them.
1.
DEFINITIONS AND INTERPRETATION
1.1.
The following de昀椀nitions shall apply to these Conditions: –
5. SPECIFICATIONS
1.1.1. Buyer: the person or 昀椀rm purchasing Goods from the Seller.
1.1.2. Buyer’s Speci昀椀cation: any speci昀椀cation for the Goods, including any related plans and
drawings supplied by the Buyer that is agreed in writing by the Buyer and the Seller.
5.1.
The Buyer shall indemnify the Seller against all losses, damages, costs and expenses
(including any direct, indirect or consequential losses, loss of pro昀椀t, loss of reputation
and all interest, penalties and legal and other professional costs and expenses) suffered
or incurred by the Seller in connection with the Buyer’s Speci昀椀cation including but not
limited to an infringement of a third party’s intellectual property rights which results
from the Seller’s use of the Buyer’s Speci昀椀cation.
6.
WARRANTIES AND LIABILITY – THE BUYER’S ATTENTION IS PARTICULARLY DRAWN TO
THIS CLAUSE
6.1.
Subject to the conditions set out below the Seller warrants that the Goods will: –
1.1.3. Conditions: the terms and conditions set out in this document as amended from time to
time as set out in clause 12.1.
1.1.4. Contract: the contract between the Seller and the Buyer for the sale and purchase of the
Goods in accordance with these Conditions.
1.1.5. Delivery: delivery of the Goods at the Buyer’s nominated premises or the collection of the
Goods from the Seller’s premises whichever is applicable as speci昀椀ed in the Order.
1.1.6. FOB: free on board, as de昀椀ned in the Incoterms.
1.1.7. Force Majeure Event: means an event beyond the reasonable control of the relevant party
including: strikes; lockouts; trade disputes; shortage of raw materials; epidemics; and
Government action, which prevent the manufacture, Delivery or acceptance of the Goods.
1.1.8. Goods: means the products to be supplied pursuant to the Order.
6.1.1. correspond with the Buyer’s Speci昀椀cation (or where there is no Buyer’s Speci昀椀cation the
description or speci昀椀cation of the Goods provided by the Seller) at the time of Delivery;
and
1.1.9. Incoterms: means the international rules for the interpretation of trade terms of the
International Chamber of Commerce as in force at the date when a Contract is made.
6.1.2. be free from defects in material and workmanship for a period of 12 months from the
date of Delivery.
1.1.10.
6.2. The Seller shall not be liable for Goods’ failure to comply with the warranty set out in
clause 6.1 in any of the following circumstances: –
Order: the Buyer’s order for the Goods as set out in the Buyer’s order form.
1.1.11.
Other Goods: means any products sold by the Seller to the Buyer which have not been
sold to a third party or disposed of by the Buyer.
1.1.12.
Purchase Price: the price of the Goods in accordance with clause 3.1.
1.1.13.
Seller:Navigator®MSLLimited(RegisteredinEnglandandWaleswithCompanyNumber:
00416089).
1.1.14.
1.2.
1.3.
Standard Price: the price detailed on the Seller’s website as at the date of the Order.
A person includes a natural person, corporate or unincorporated body (whether or not
having separate legal personality) and a reference to that person or a party includes their
personal representatives, successors or permitted assigns.
A reference to a statute or statutory provision is a reference to such statute or provision
together with any subordinate legislation as either may be amended or re-enacted from
time to time.
1.4.
A reference to writing or written includes faxes and emails.
1.5.
These Conditions shall be considered as drafted with the joint participation of the parties
and no provision of these Conditions shall be construed adversely to a party on the
ground that such party was responsible for the preparation of these Conditions or that
provision.
2. DELIVERY
2.1.
Where a period for Delivery has been indicated by the Seller, the Buyer can normally
expect to take delivery within that period. However, this is an estimate only and the Seller
shall not be liable for any delay (or for any consequences of any delay) and time shall not
be of the essence for Delivery. Where a period of Delivery is extended or delayed with or
without the prior knowledge of the Buyer, the Buyer shall accept delivery and any delay in
Delivery shall not give the Buyer a right to refuse delivery or cancel the Order.
2.2.
The Goods may be delivered by the Seller in advance of the quoted delivery date upon
giving reasonable notice to the Buyer.
2.3.
The Seller shall be permitted to deliver the Order in parts and each Delivery shall
constitute a separate Contract and failure to deliver any one or more instalments in
accordance with these Conditions or any claim by the Buyer in respect of any one or more
instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
2.4. If a Force Majeure Event occurs Delivery may be suspended and the Seller or Buyer shall
promptly and without undue delay give notice in writing to the other party, and the
original time for Delivery shall be extended by the period of any such suspension. If such
suspension continues for longer than 90 days, either party shall have the option but not
the obligation to cancel the Order.
2.5.
Neither party shall be liable for any loss caused to the other party by such suspension
or termination arising under clause 2.4 except that where the Seller has incurred
expenditure due to the special nature of the Order, the Seller shall be reimbursed for such
expenditure.
6.2.1. the defect in the Goods arises from the Buyer’s Speci昀椀cation;
6.2.2. the defect arises from fair wear and tear, wilful damage, negligence, abnormal working
conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse
or alteration or repair of the Goods without the Seller’s approval;
6.2.3. the Buyer has not paid the Purchase Price for the Goods in full in accordance with the
provisions of clause 10;
6.2.4. the Goods differ from any speci昀椀cation or description of the Goods (including the Buyer’s
Speci昀椀cation) as a result of changes made to ensure that they comply with applicable
statutory or regulatory requirements;
6.2.5. the Seller has not been noti昀椀ed of the defect within 3 days of Delivery where such defect
is apparent on a visual inspection of the Goods; and
6.2.6. if the Seller has not been noti昀椀ed within a reasonable period of time after discovery of
the defect and in any event not more than 6 months from the date of Delivery where such
defect is not apparent on a visual inspection of the Goods.
6.3. The Seller’s total liability to the Buyer in respect of all losses arising under or in
connection with the supply and purchase of the Goods, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, shall be limited to repair,
replacement or refund of the Goods, any such remedy being at the sole discretion of the
Seller.
6.4. In no circumstances shall the Seller’s liability to the Buyer exceed 1.5 times the Purchase
Price.
6.5.
Subject to as expressly provided in these Conditions, all warranties, conditions or other
terms implied by statute or common law are excluded to the fullest extent permitted by
law.
6.6. Except in respect of death or personal injury caused by the Seller’s negligence, the Seller
shall not be liable to the Buyer by reason of any representation (unless fraudulent), or
any implied warranty, condition or other term, or any duty at common law, or under
the express terms of the Contract, for any indirect, special or consequential loss or
damage (whether for loss of pro昀椀t or otherwise), costs, expenses or other claims for
compensation whatsoever whether caused by the negligence of the Seller, its employees
or agents or resale of the Goods by the Buyer.
6.7.
Notwithstanding clause 9.1, the Buyer shall have no claim in respect of loss or damage in
transit, or shortage of delivery, unless a separate notice in writing has been given to the
courier and the Seller: –
6.7.1. within 3 days of Delivery of the Goods; or
6.7.2.
in the case of loss in transit within 10 days of the date of consignment.
6.8. Goods accepted without being checked must be signed for “unexamined” on the courier’s
delivery document.
6.9.
The Buyer acknowledges that: –
6.9.1. it has read and fully understood the limitations and exclusions of the obligations and
liabilities of the Seller set out in these Conditions;
6.9.2. it has freely agreed to them;
3. PRICE
6.9.3. they are reasonable and will form the basis for setting the Purchase Price of the Goods;
3.1.
6.9.4. it freely accepts the risks associated with them; and
The Purchase Price shall be: –
6.9.5. it is able to insure itself against some or all of those risks should it so desire.
3.1.1. the Seller’s quoted price; or
3.1.2. where no price has been quoted (or a quoted price is no longer valid), the Standard Price.
3.2.
3.3.
The Seller reserves the right, by giving notice to the Buyer at any time before Delivery,
to increase the Purchase Price to re昀氀ect any increase in any costs of the Seller (such as
alteration of duties, increase in the cost of manufacturing or buying the Goods or relevant
parts, the cost of Delivery to include any change in the delivery date, or a change in the
quantity or speci昀椀cation of the Goods).
The Purchase Price is inclusive of Delivery for standard orders over £150.00 but exclusive
of applicable value added tax which the Buyer shall be additionally liable to pay to the
Seller.
3.4. Any query relating to the Purchase Price should be referred by the Buyer to the Seller
within 5 days of receipt by the Buyer of the Seller’s written con昀椀rmation of the Order,
failing which the Purchase Price shall be deemed to be accepted by the Buyer for the
purposes of the Seller raising an invoice in accordance with clause 10.1.
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7. BASIS OF THE SALE AND ORDERS
7.1.
Orders are accepted by the Seller only upon and subject to these Conditions.
7.2.
The Seller’s employees or agents are not authorised to make any representations
concerning the Goods unless con昀椀rmed by the Seller in writing. By placing an order for
the Goods, the Buyer acknowledges that it does not rely on any such representations
which are not so con昀椀rmed.
7.3.
Any advice or recommendation given by the Seller or its employees or agents to the Buyer
or its employees or agents as to the storage, application or use of the Goods which is not
con昀椀rmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own
risk, and accordingly the Seller shall not be liable for any such advice or recommendation
which is not so con昀椀rmed.
Free Delivery over £150 | Minimum Bag/Pack Quantities Apply
