combustion engineering

Condition of Purchase

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  1. Where any test is required to be made of or in connection with any goods or things the subject of this order, reasonable notice in writing thereof shall be given to us, and our approved representative must be present when such test is carried out. No test not complying with this condition will be accepted by us.
  2. The goods are to be delivered free to our works or depots as ordered, unless otherwise specified. They must be delivered in good order and condition exactly in accordance with this Order or any Specification mentioned in this Order. Quantities must not exceed those ordered or specified.
  3. No marking not ordered by us shall appear anywhere upon any part of the goods.
  4. No cases, wrappers, or packings of any kind will be paid for, but if charged at the time goods are invoiced will be returned carriage paid.
  5. Simultaneously with the despatch of the goods a detailed priced invoice must be forwarded to the Accounts Department of the Company as indicated overleaf. Every invoice shall state:
  1. The number of this order.
  2. The balance of the delivery.
  3. The quantity already delivered in this order.
  4. The balance of this order still to be delivered.
  5. The route by which the goods were despatched.

Advice notes must be forwarded by post on the day of despatch to the Goods Inwards Department of the Works to which the goods are despatched.

  1. We have the option to pay either within seven days from receipt of invoice, in which case 3% discount for cash will be deducted, or at the end of the month following delivery, in which case 2 ½ % discount for cash will be deducted, unless otherwise agreed. Any delay in payment caused by failure of the seller to comply with the conditions of Clause 5 hereof shall not cause the forfeiture of any such discount.
  2. In the event of our normal course of manufacture being interrupted, restricted, hindered or delayed by any cause whatsoever beyond our control, or by any exceptional cause whatsoever, we are at liberty to defer the date or dates of delivery, or if any goods owing to any such cause whatsoever, shall not have been delivered at the due date we are at liberty to cancel this Order or any part thereof.
  3. No plant or machinery will be deemed to have been accepted by us until our Buying Department shall have given notice in writing that the same has been installed and is working to our satisfaction.
  4. All patterns, specifications, drawings, designs or other property whatsoever supplied by us or to our order to the acceptor of this order must be delivered to us immediately on demand and must not be used for or in connection with the production of any goods whatsoever other than goods ordered by us.
  5. All our property such as is mentioned in Clause 9 hereof must be fully insured by the acceptor of this Order against all risk of whatsoever nature until it has been received back by us.
  6. If any goods supplied under this Order shall prove to be defective whilst in course of manufacture by us, the Seller will be liable to us for the cost of any labour expended or material wasted in connection with the manufacture of such goods in addition to any other legal rights which we may have in respect of such defective goods.
  7. Time shall be the essence of this contract.
  8. If the supply or use of any goods or things the subject matter of this order (other than any such goods or things manufactured by the Seller in accordance with designs or instructions supplied by us) shall be held to constitute an infringement of any British or foreign letters of patent, copyright, registered design or trademark, we or any person at any time in possession of such goods or things shall be indemnified by the Seller against all damage, costs, losses, charges or expenses thereby incurred and the Seller will further, if required by us, conduct any legal proceedings which may be necessary at the Seller’s risk and expense.
  9. We shall not be liable in respect of any Orders other than those issued o our printed official forms duly signed by one of our authorised officials, and the conditions above set out shall be the Conditions of this Contract, and no written or printed forms inconsistent therewith or additional thereto shall be binding upon us, unless expressly accepted in writing by one of our authorised officials. If and in so far as these Conditions are inconsistent with or add to the Sale of Goods Act 1893, these Conditions shall prevail.
  10. We shall not be responsible for or accept any liability in respect of damage caused, claims made or actions brought through the use of our lifting tackle, scaffolding, and crane facilities ladders or any other tackle, equipment, machines or vehicles of any kind whatsoever, and the Contractor shall indemnify us in respect thereof.
  11. All orders places by us are strictly confidential. The Seller must not publish or cause to be published by any means whatsoever any details concerning the goods, the subject of this Order, without our previous consent in writing.
  12. In these Conditions “we”, “us”, and “our” include and refer to Igniters Combustion Engineering Ltd.
  13. The seller shall comply in respect of the goods with the duties laid down in section 6 of the Health and Safety at Work, etc. Act 1974 and shall indemnify us against all damage costs losses, charges or liability whatsoever caused by or arising out of any breach of those duties.