Terms and Conditions

Returns
1.   We only accept returns where goods are faulty or where they are do not conform to the order.

Outstanding Balance of Goods
2.   Any balance of goods comprised of an order outstanding at the final delivery date may be consigned without further reference to the buyer.

Claims for Short Delivery or Damage
3.   No claim for short delivery or for damage to goods in transit or for non-delivery can be considered unless made in writing to us as follows:

For short delivery or damage:

    Passenger train traffic - on date the package is received.
    All other traffic – within three days from receipt of goods.
    For non-delivery – within 7 days from the invoice date.

A clear unconditional signature on the Carrier’s sheet absolves the Carrier from any liability. Unless the Carrier’s sheet is signed strictly in accordance with the actual condition of the packages on arrival, no claim for loss or damage can be entertained. It is not sufficient to sign the sheet “Unexamined” or “Unchecked”.

Materials
4.   We reserve the right to alter the specification of any materials as necessary.

Passing Of Title & Risk
5.   (a)   The ownership of and property in goods shall remain with the Company until payment in full for all the Goods has been received by the Company in accordance with the terms of the Contract or until a bona fide sale is made by the Buyer to a customer at full value. If all or any part of such payment is overdue or if the Buyer is or becomes insolvent the Company may without prejudice to any other rights it may have, recover and/or repossess the Goods or any of them whether or not they may be in the same state as they were when sold by the Company to the Buyer and for the purpose of such recovery of possession the Company or its servants or agents may enter upon any premises whereon the Goods or any part of them may be and recover or repossess such Goods and shall further be entitled to possession of any other articles of which the Goods may at such time form part and further the Company may sell or otherwise dispose of any Goods or articles recovered or repossessed and/or of which the Company is entitled to possession. Further you shall have no right to sell or to dispose of any Goods which are the Company’s property whether by bona fide sale at full value of otherwise if you are insolvent.
(b)   Notwithstanding (a) the Goods shall pass to the Buyer when the Company delivers the Goods to the Buyer to the Buyer’s agent or to any other person to whom the Buyer may authorise the Company to deliver the Goods and thereafter the Company shall have no responsibility in respect of the safety of the Goods.
(c)   Notwithstanding (a) and (b) above upon any purported breach of contract or refusal to take delivery the Buyer shall be liable to the Company for the full contract price which on the happening of any such event shall immediately become due and payable.

Payment
6.  (a)   Settlement of invoices must be made strictly within 30 days net from date of invoice.
(b)   The price of the Goods shall be due in full to the Company in accordance with the terms of the Order and the Buyer shall not be entitled to exercise any set off lien or any other similar right to claim.
(d)   The time of payment shall be of the essence of the Contract.
(e)   Without prejudice to any other rights it may have, the company is entitled to charge interest at 2% above the then current base rate on overdue payments of the price of the Goods or the price of any instalments thereof.

General
7.   We shall not be deemed to have any knowledge of any particular purpose or market for which the Goods are required unless advised when placing the order and confirmed by us in writing.
8.   In the event of force majeure (which expression shall be deemed to include interalia trade dispute, war, riot, civil commotion, revolution, rebellion, storm, tempest, earthquake, frost, flood, drought, fire, explosion, breakdown, accident or other circumstances beyond the control of the Sellers) preventing delivery of the subject matter of the Contract time, then the delivery date or dates shall be extended for a reasonable time. If, however, such extension exceeds a period of six months, then either party shall have the right to cancel the undelivered portion of the Contract by notice in writing. The Sellers accept no responsibility for losses resulting directly or indirectly from force majeure.
9.   Failure to pay for any goods on the due date shall give us the right to withhold further deliveries under this or any other contract which we may have with you, or at our option to cancel this or any other contract.
10.   No liability is accepted for any goods which have been subjected to any further process or manufacture after they have left our hands.
We shall not be bound in any way by any settlement between you and a subsequent owner of the goods, not by any survey or award as between you and a subsequent owner unless we have agreed in writing to be a party to such settlements survey or award.
11.   Any dispute under or arising out of this contract shall be subject to the Common Laws of England.
12.   Carriage may be charged extra for Highlands, Islands and Scotland.
13.   No waiver or amendment to any of these conditions or of the terms of the order will be binding on us unless confirmed by us in writing.

Causation
14.   The Seller shall not be liable for loss or damage to any of the Buyer's patterns, drawings, specifications, articles or information of any kind supplied by the Buyer to the Seller where such loss or damage is occasioned by any cause beyond the control of the Seller.

Guarantee
15.   The Company offers a 5 Year Manufacturer’s Warranty against faulty workmanship on products manufactured by Incube Ltd.