SABOTCASTLE LIMITED.

CONDITIONS OF TRADING. 

Quotations:

Our quotation will be valid for twenty-one days from the date on the quotation, unless previously withdrawn.  All prices quoted are ex-works, unless specifically stated on the quotation as a delivered price. Clerical errors subject to correction.

Prices:

We reserve the right to amend our prices in the event of any change in the cost of raw materials required. Any such price alteration will be notified to the customer before proceeding with the work. Where an order is received for a quantity less than that quoted for, or where delivery is required in instalments smaller than those specified in the quotation, prices quoted may be subject to an increase.

Custom tooling:

Custom tooling will be invoiced for in the following way: 50% of tooling costs with order, the balance to be paid on first production samples. All custom tooling remains the property of Sabotcastle Limited until fully paid for.

Special order colours:

If, based on your estimates of annual quantities of bottles required, we are obliged to order a minimum quantity of special colours needed to manufacture your bottle, we reserve the right, should the annual quantity not be reached, to invoice you separately for any remaining unused stock of specially ordered colour that we may hold.

Cancellation:

We reserve the right to charge a cancellation fee, if an order placed by you is subsequently cancelled by you without fair and reasonable notice.

Payment:

Delivery:

Unless specifically agreed, time of delivery shall not be of the essence of any agreement made as a result of the acceptance of our quotation.

Transport:

We reserve the right to choose the means of transport. If an alternative method or carrier is used at your request, an additional charge will be made for any increase in cost.

Carriage:

Carriage will be charged on all deliveries unless a delivered price is stated on our quotation.

Pallets:

All pallets used for delivery of goods will be charged for unless returned or exchanged at the time of the delivery and the delivery note endorsed accordingly.

Partial loss, damage, non-delivery and claims:

We cannot accept responsibility for partial loss, damage or non-delivery unless the following conditions have been complied with:

Partial loss: notification in writing must be given to both the carrier and us within three days of delivery.

Damage: carriers receipt and delivery note to be suitably endorsed at time of delivery.

Non-delivery: must be advised in writing within ten days of despatch or receipt of our invoice.

Claims: goods should be examined upon receipt for any sign of damage or defect. Claims in respect of quality and quantity should be advised to us in writing within seven days of receipt of the goods, otherwise not recognised.

Quantity:

Delivery of the quantity ordered, 10% more or less, shall be deemed a good delivery, a pro rata charge or allowance at the quoted price being made to cover any such variation.

Property in goods:

In accordance with the provisions of section 19 of the Sale Of Goods Act 1893, the seller reserves the right of disposal of the goods which are the subject of this contract, until they have been paid for in full, by, or on behalf of, the buyer. In the event of the buyer re-selling the goods before that condition has been met, the seller’s interest shall attach to the proceeds of such re-sale, whether received or receivable, without prejudice to any further claim the seller may have against the buyer under this contact. Notwithstanding the foregoing, the goods shall be at the buyer’s risk from the time of delivery to him or to any carrier or agent acting on his behalf.

Defects:

Under any agreement made as a result of the acceptance of our quotation, we will remedy any defects in the goods supplied, for which we are responsible, providing that such defects are notified to us in writing, with samples of the defect goods, within seven days of delivery of the goods. Thereafter the goods shall be deemed to have been unconditionally accepted as satisfactory and save as above, no express or implied warranties or conditions, statutory or otherwise, as to quality or fitness of any of the goods are given by us.

Rights:

We shall not be responsible for infringements of patent rights or registered designs. The customer shall be obliged to indemnify us in respect of such infringement, and we reserve the right to cease work on any goods if it comes to our notice that they are the subject of patent rights or registered designs which are not vested in the customer and thereupon we shall be entitled to recover and be paid at a reasonable rate any work completed by us.

Fitness for purpose:

It is the customer’s duty to ensure that the goods supplied are fit for the purpose they are intended for and that closures, whether supplied by us or not, fit and function satisfactorily. In most instances a sample will be provided on request for the customer to verify suitability for his/her use. We shall not be responsible for the suitability for purpose for the design of goods or of the type of material used in their manufacture, unless this is a specific written condition of the sale.

Force Majeure:

The acceptance of an order may be revoked (in whole or in part) or delivery dates postponed or changed by us without liability in the event of any contingency beyond our control which does or in our opinion is likely to prevent, hinder, delay, interrupt or interfere with the fulfilment of the order or any part of it.

Contract:

The placing of an order with Sabotcastle Limited shall be deemed to be an acceptance of these Conditions of Trading, including payment terms. All orders are accepted subject to these Conditions of Trading. It is a part of any contract between Sabotcastle Limited and any third party that these Trading Conditions shall govern said contract.