The “Company” is Lang and Fulton Limited (who also traded as “ORSOGRIL UK”). The “Customer” is the purchaser of goods or services from the Company.
The Company desires to supply goods to the Customer’s satisfaction but the Company’s liability under these conditions shall be its whole liability and responsibility to the Customer under or arising out of the contract for the supply of goods or services and in particular shall be in lieu of all and any warranty or condition implied by law as to the quality of goods or their fitness for any particular purpose. Nothing however shall exclude any liability the Company may have for death or personal injury caused by the
negligence of the Company or its employees (except when under the control of the Customer).
The Company shall have no liability for any defect in the goods or services supplied where such defect would on reasonable inspection have been revealed, unless within 14 days of the date of supply, the Customer shall have given written intimation of claim to the Company of defects in, loss of, or damage to, the goods or services.
The Company’s liability is to supply goods and/or services to a satisfactory quality so far as is reasonable. The Company shall have no liability for a design or specification that is supplied to the Company by a Customer. The Company shall have no liability for goods not of the Company’s own manufacture but the Customer shall be entitled to the benefit of any guarantee given to the Company by the makers to the extent that such guarantee is effective and enforceable. In the manufacture of goods, unless there is a contrary requirement specifically provided for in the contract, the Company shall be entitled to the usual tolerances as provided for by the British Standards Institution or as are customary and reasonable for the Company’s goods.
Unless otherwise specifically provided in writing, a quotation by the Company shall be deemed to be withdrawn if not unconditionally accepted within 30 days of its date. Unless otherwise agreed in writing, payment of the price will be due in full on or before the date of delivery of goods and/or the date of completion of the contract whichever is the earlier. Where the Company
has agreed to provide goods or services on credit, payment will be due in full within 30 days after the end of the month in which an invoice will have been issued by the Company to the Customer. In the event of failure to pay on the due date, interest at 2.5% per calendar month shall be payable from the date of supply until payment. Ownership of goods supplied by the Company shall
remain with the Company until full payment has been made by the Customer to the Company in respect of the goods.
Time of delivery will be calculated from the date on which the Company receives a written order together with all drawings and information (including where applicable approvals of fabrication drawings) necessary for the Company to complete and supply the goods and/or services. The Company shall use its best endeavours to complete the supply in time or by the date specified in the order but time shall not be of the essence of the contract and the Company shall not be liable for any direct or indirect loss that may arise from any delay in completion of supply or delivery:
Upon the Company advising the Customer that goods ordered are ready for delivery, the Customer will be bound promptly to arrange to take delivery of the goods:
Where the Company has agreed to deliver goods to the premises of the Customer or to other premises to the order of the Customer, unless otherwise specifically provided in writing in the contract, the Company will deliver the goods by heavy goods vehicle to such premises where the Customer will be bound promptly to receive and off load the goods by their own means and at
their own risk: and
In the event of the Customer failing promptly to take delivery or to receive goods:- [i] the Customer will be bound to pay the Company’s reasonable storage charges; and [ii] after a period of 21 days the Company shall be entitled at the Customer’s expense to sell or otherwise dispose of the goods without prejudice to the Customer’s liability for payment for the goods.
The Company guarantees its products for 12 months from supply but the Company shall have no liability or responsibility in respect of goods except for claims arising due to the negligence of the Company or its employees and in any event the Company’s liability shall be limited to, which the Company in its sole discretion shall decide:
the cost of providing a replacement for any defective part of the goods; or
a refund of the price paid for the goods found to be defective; or
the provision of replacement goods for defective goods, provided that the company shall not have liability for defects in goods or services unless written intimation is made to the Company of such defects within 12 months of supply. The Company shall not be liable for loss of time, loss of use or any consequential loss whatsoever. The Company shall not be liable for dismantling or re-assembling or any charges in connection therewith.
All property of the Customer in possession of the Company is at the Customer’s sole risk except for loss and damage caused by negligence of the Company or its servants in the course of their employment. The Company is bound to keep its premises secure only to the extent that the Company considers reasonable. If and when the Company is engaged to work on the Customer’s premises, the Customer will be deemed to be wholly in control.
The Company will indemnify the Customer against any infringement of patent rights in regard to the goods except in respect of goods to Customer’s design when the Customer will indemnify the Company against any infringement of patent rights.
The Customer may not cancel an order without the prior agreement of the Company in writing and only where the Customer indemnifies the Company in full against all losses (including loss of profit), costs (including the cost of all materials used, manufacturing and labour), damages, charges and expenses incurred by the Company as a result of the cancellation.
In relation to any disputes, legal action or proceedings arising out of or in connection with these conditions, each of the parties irrevocably submits to the exclusive jurisdiction of the Scottish courts.