Terms and Conditions of Sale
Metric Imperial Bolt Ltd.
1. Definitions
In these Conditions:
- “Seller” means Metric Imperial Bolt Ltd.
- “Buyer” means the person, firm, or company purchasing the Goods.
- “Goods” means the products supplied by the Seller.
- “Contract” means the agreement between Seller and Buyer for the sale of Goods incorporating these Conditions.
2. Application of Conditions
- These Conditions apply to all sales of Goods by the Seller.
- Any terms or conditions of the Buyer shall not apply unless expressly agreed in writing by a director of the Seller.
3. Orders and Acceptance
- Quotations are not offers and may be withdrawn at any time.
- An order constitutes an offer by the Buyer to purchase Goods.
- The Contract is formed when the Seller accepts the order in writing or delivers the Goods.
4. Price and Payment
- Prices are as quoted or otherwise confirmed by the Seller.
- Payment is due within [30] days of invoice unless otherwise agreed in writing.
- Interest may be charged on late payments at 8% above the Bank of England base rate.
5. Delivery
- Any delivery dates are estimates only.
- Risk in the Goods passes to the Buyer on delivery.
6. Retention of Title (ROT)
(a) Ownership
Title to the Goods shall not pass to the Buyer until the Seller has received payment in full for:
- The Goods; and
- Any other sums owed by the Buyer to the Seller under any contract.
(b) Obligations before title passes
Until title passes, the Buyer shall:
- Hold the Goods on a fiduciary basis as Bailee for the Seller;
- Store the Goods separately and clearly marked as the Seller’s property;
- Not remove, deface, or obscure any identifying marks;
- Maintain the Goods in satisfactory condition and insured against all risks;
- Notify the Seller immediately if the Goods are seized, damaged, or lost.
(c) Use and resale
The Buyer may resell or use the Goods in the ordinary course of business. This right ends automatically if:
- The Buyer becomes insolvent; or
- The Seller revokes this right in writing.
(d) Repossession
The Seller may at any time, before title passes, require the Buyer to deliver up the Goods. If the Buyer fails to do so, the Seller may enter the Buyer’s premises to repossess the Goods.
(e) Processing or mixing
If the Goods are mixed or processed, the Seller will retain title to the resulting product to the extent of the value of the Goods supplied.
7. Warranty and Liability
- The Seller warrants that Goods will conform to their description at delivery.
- The Seller’s liability is limited to the replacement of defective Goods.
- The Seller shall not be liable for loss of profit, indirect, or consequential loss.
8. Termination
The Seller may terminate the Contract if the Buyer:
- Fails to pay any sum when due; or
- Becomes insolvent, enters liquidation, administration, or receivership.
9. Governing Law and Jurisdiction
This Contract shall be governed by the laws of England and Wales. The courts of England shall have exclusive jurisdiction.
10. Communication and Acceptance of Terms
- All sales are subject to these Terms and Conditions of Sale.
- By placing an order with the Seller, the Buyer agrees to be bound by these terms.
- The current Terms and Conditions are available at
www.metricimperialboltltd.comor can be supplied upon request. - Copies of Terms and Conditions should be retained for reference.
11. Optional Clauses (if relevant)
- Force Majeure: The Seller is not liable for delays or failure to perform due to circumstances beyond its control.
- Returns and Refunds: Goods may only be returned with prior written consent, and in original, undamaged condition.
- Confidentiality: Both parties shall treat any confidential information disclosed as strictly confidential.
