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T's & C's

TERMS & CONDITIONS OF SALE

"Company" means Kromatek Limited. "Contract" means the contract formed by the Company's acceptance of the Customer's order.

Any description contained in the Company's catalogues, samples, price lists or other advertising material is intended to merely present a general picture of the Company's products or services and shall not form a representation or be part of the Contract.

The Customer is required to ensure that that the use of any products supplied by The Company do not infringe third party intellectual property rights.

Safety & Use
If the goods are used for a purpose which has not been made known to the Company and approved by them in writing or are used in a manner other than is authorised by the documentation of the Company or are used in hazardous areas (unless approved by the Company) the performance and safety of the goods may be affected and the Customer agrees in such event to indemnify the Company against any claims, costs, damages or expenses arising from such unauthorised use, including (without prejudice to the generality of the foregoing) any infringement of any intellectual property rights arising therefrom.

Prices & Quotations
The Company has the right to change the prices shown on in catalogues and price lists at any time and to invoice at prices current at the date of receipt of an order. Company's quotations are valid for 30 days from the date of issue. All prices quoted are exclusive of VAT and carriage, and the Customer shall pay any and all taxes duties and other government charges payable in respect of the goods or services. Where the Customer requires special packaging for the goods the Company reserves the right to make an additional charge thereafter.

Delivery
While the Company will endeavour to deliver the goods or complete the services by any date or within any period agreed upon, such dates and periods are estimates only given in good faith and the Company will not be liable for any failure to deliver or company by such a date or within such a period. Suitable unloading and storage of goods after delivery shall be the Customer's responsibility. The risk in goods shall pass to the Customer upon delivery.

Force Majeure
Should the Company be delayed in or prevented from making delivery of the goods or carrying out the services due to war, governmental or parliamentary restrictions, strike, lock-outs, fire, floods, explosions, labour disturbances, trade disputes, damage to or destruction of the goods, breakdown of machinery, shortages of labour or of raw materials or Act of God or due to any other cause whatsoever beyond the reasonable control of the Company, the Company shall be of liberty to cancel or suspend the order placed by the Customer without incurring any liability for any loss or damage arising therefrom.

Payment
Unless otherwise specified in writing by the Company, payment shall be made by the Customer not later than 30 days after the invoice date. Where the Company has agreed that the price is payable in a currency other than Pounds Sterling all banking and similar charges shall be payable by the Customer. Without prejudice to any other rights of the Company interest will be payable on all overdue accounts at the prevailing Barclays Bank plc base rate plus 5% calculated at the date of payment. Customers who exceed their credit limits will be asked to pay in advance for additional products until the account is settled.

Cancellation or Deferment
Cancellation by the Customer will only be accepted at the discretion of the Company. If the Company agrees to such cancellation the Customer shall be liable to the Company for the payment of the cancellation charges in the following schedules together with any ;charges imposed on the Company by the Company's Suppliers due to cancellation:
Days notice from Customer of cancellation prior to Company's acknowledgement of despatch date Charges as % of quoted price of cancelled goods
Over 60 days 15%
Over 30 days 25%
Less than 30 days 35%
A charge will be made for any costs incurred by the Company due to suspension or deferment of any order by the Customer or in the event that the Customer defaults in collecting any goods or giving instructions for the delivery of any goods or the performance of any services. The Company further reserves the right to invoice the Customer immediately in such events for the full price of the goods or services.

Damage, Shortage or Loss
Any claim for damage in transit, shortage of delivery or loss of goods must be made within 7 working days of delivery of the goods or (in the case of total loss) of receipt of the invoice or other notification of despatch. The Company's liability if any shall be limited to replacing or (at its discretion) repairing such goods and it shall be a condition precedent to any such liability that the Customer shall if so requested have returned damaged goods to the Company within 14 days of such request. The Customer shall not be entitles to make any claim against the Company for consequential loss arising out of such damage shortage or loss as aforesaid.

Passing of Property
Upon delivery of the goods the goods shall remain the property of the Company until such time as the Customer shall have paid to the Company the full purchase price of all goods or services supplied under the Contract or any other contract.

Installation and other Services
The Customer warrants that it will at all times provide a safe working environment for the Company's employees agents or sub-contractors and will comply with all statutory or other regulators in connections therewith and will indemnify the Company in respect of any loss incurred by the Company due to the Customers breach of this warranty. The Company reserves the right to sub-contract the installation of the goods or the performance of any other services required under the Contract.

Negligence
Save as herein before provided and subject to the previsions of Section 2(i) of the Unfair Contract Terms Act 1977, the Company shall not be liable to the Customer for any damage or for any direct or consequential loss incurred by the Customer in consequence of any negligence on the part of the Company or negligence or wilful default on the part of its servants or agents or subcontracts in or in connection with the supply of any goods or in the carrying out of any work or in the preparation or provision of any information or advice.

Liability
Save as otherwise provided in these conditions the Company's liability in respect of any defect in or failure of goods supplied or default in work done is limited to repairing or paying for the repair or replacement of goods which within 12 months of despatch are found to be defective by reason of faulty or incorrect parts or materials or default in work done and carrying out again any services which the Company has failed properly to perform in accordance with the Contract. Save for such terms as may be implied by law in the Contract by section 12 of the Sale of Goods Act 1979, section 2 of the Supply of Goods and Services Act 1982, all conditions, warranties and other terms, express or implied, statutory or otherwise, are expressly excluded
In addition the the Company’s liability will be subject to the following conditions :
i)As soon as reasonable practicable the Customer shall have given to the Company reasonable notice of the defect, failure, default or error and shall have provided authority for person acting on the Company’s behalf to inspect the goods.
ii)The goods were new when supplied by the Company and have been properly stored and operated by the Customer and the goods have not been subject to abnormal use and have not been modified in any way.

English Law
The Customer agrees that in the event of any dispute arising out of the Contract or the performance thereof he will submit to the jurisdiction of the English Courts.

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