CONDITIONS OF TRADING.
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the quotation, unless previously withdrawn.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.
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 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
We reserve the right
to charge a cancellation fee, if an order placed by you is
subsequently cancelled by you without fair and reasonable
Unless specifically agreed, time of delivery shall not be of the
essence of any agreement made as a result of the acceptance of
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 will be charged on all deliveries unless a delivered
price is stated on our quotation.
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
notification in writing must be given to both the carrier and us
within three days of delivery.
carriers receipt and delivery note to be suitably endorsed at
time of delivery.
must be advised in writing within ten days of despatch or
receipt of our invoice.
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.
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 sellerís 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 buyerís risk from the time of delivery to
him or to any carrier or agent acting on his behalf.
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.
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 customerís 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.
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.
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