Terms & Conditions
1. DEFINITIONS 1.1 In the following terms and conditions “the Company” refers to Namis Development ltd including all its wholly or majority-owned subsidiaries and “the Supplier” to the other contracting parties.
1.2 “Agreement” means the terms and conditions herein together with the Order.
2. GENERAL 2.1 These terms and conditions shall prevail and supersede any terms and conditions of the Supplier. 2.2 Each Order shall be considered separate from any other Order. 2.3 This Agreement may only be varied by the Company in writing on the Order or by separate fully executed Contract originated by the Company and referenced on the Order. Any of the terms and conditions not varied in this way will remain.
3. LIABILITIES In the event of any goods or services ordered by the Company from the Supplier not being in accordance with the Order, the relevant British Standard specification, current and future Health and Safety legislation and/or manufacturer’s information, in any way whatsoever then if required by the Company, the Supplier shall be absolutely liable to replace the goods or services or to reimburse the company for the full invoice price of the goods or services.
4. QUALITY The Supplier warrants that all goods and services will comply in all respects with any specifications contained herein or referred to in the Order, all relevant British or European standards, regulations, statutes laws and byelaws and shall in all cases be to the Company’s reasonable satisfaction and fit for the purpose set out or reasonably expected from this Agreement.
5. DELIVERY 5.1 The Company will not accept charges for packing, pallets, carriage, labour, waiting time or any other charges unless authorised by the Order. 5.2 The Company reserves the right not to accept any goods delivered in excess of the quantities shown on the Order and that such excess may be returned and all charges in respect thereof will be the responsibility of the Supplier.
6. RISK AND TITLE The Supplier warrants that the Company shall have free and unencumbered title to the goods ordered under this Agreement but that they shall remain at the Supplier’s risk in respect of deterioration damage or loss until they are delivered to and accepted into the custody of the Company at the designated delivery address.
7. QUANTITY AND TYPE The Company shall have no liability in respect of any goods supplied of the wrong specification or in excess of that stated on the Order and shall be entitled to reject, without liability to make any payment, any delivery or part delivery comprising insufficient excessive or incorrect or otherwise defective goods.
8. CANCELLATION 8.1 The parties may only by agreement in writing cancel this Agreement or any deliveries arising thereunder. 8.2 Notwithstanding 8.1 the Company reserves the right to cancel the Order or any part of it if delivery is late or not made within the time specified on the Order.
9. PRICE AND PAYMENT 9.1 Invoices must be delivered to the Company at its Registered Office by the 7th of the month following date of delivery. 9.1.1 Payment will be made 45 days from the end of the month in which delivery is made unless otherwise stated on the Order. 9.2 Relevant Order numbers must be clearly shown on all relevant correspondence including proof of delivery and invoices. Failure to do so may result in delays in payment.
10. VAT Where the goods or services are subject to Value Added Tax the amount that is legally demandable from time to time is to be rendered as a separate item of account on a form of VAT Invoice acceptable to HM Revenue & Customs and, if required, the Supplier shall produce bona fide evidence of the amount paid or to be paid in respect thereof.