Any order placed with Ballantine Castings Ltd. is subject to the following conditions of sale. This tender is open for acceptance (unless previously withdrawn) for not more than 30 days from the date thereof unless otherwise stated. No contract shall arise until the Seller has sent to the Buyer written acknowledgement of the Buyer’s acceptance of the Seller’s tender.
- Unless the order is accompanied by sufficient information, drawings and patterns to enable work to proceed forthwith, the Seller is at liberty to amend prices quoted herein to cover any increase in costs during the period of delay caused by the lack of such details.
- Any alterations by the Buyer in design, weight, quantities or specification and any suspension of work due to instructions or lack of instructions will involve adjustment of the agreed or quoted prices, if the costs are affected thereby.
- Prices quoted are for un-machined self-colour castings unless otherwise stated.
- Prices quoted are nett. Accounts are due for payment not later than 30 days from invoice. When deliveries are spread over a period, each consignment shall be invoiced when despatched and each month’s invoice shall be treated as a separate account and payable accordingly.
- If payment terms are not met, or exceeded, Ballantine Castings Ltd. reserves the right to cancel accounts and treat all Buyers on a proforma basis.
- All new accounts, with no previous trading history with Ballantine Castings Ltd., will be treated on a strictly pro-forma basis for a period of no less than 12 months.
- Should the Buyer cancel, suspend or reduce a quantity requirement, including cancellation, suspension or reduction of “firm” schedules, then any work already in progress will be delivered and invoiced in accordance with the earlier instruction of the Buyer and shall be paid for by the Buyer.
- If and so far as work upon castings has been necessarily commenced in advance of “firm schedules” in order to provide, in accordance with a normal process time cycle, for the deliveries indicated by a “tentative schedule”, the Buyer shall be liable to accept delivery of those castings at the times and in the quantities so indicated and to pay therefore.
- Where Ballantine Castings Ltd. are instructed to supply castings using pattern equipment the property of the owner of said patterns, the owner of the patterns is required to indemnify Ballantine Castings Ltd against any loss that may arise by the inability of the third party who purchases the casting on behalf of the owner of the patterns, being unable to meet its payments.
- Where the Buyer supplies patterns the quotations of the Seller assume that such patterns are in good condition, true to drawing and entirely suitable for the Seller’s methods of production and for the production of the castings in the quantities required.
- For mutual benefit, when new patterns or equipment are to be made, the Seller requests to be consulted.
- Replacement of and alterations or repairs to Buyers’ patterns, or equipment due to normal wear and tear shall be paid for by the Buyer. Small alterations will be carried out free of charge by Ballantine Castings Ltd.
- Where patterns are not supplied by the Buyer, only such patterns as are specially made and separately charged in full shall become the property of the Buyer when paid for. The Seller takes all reasonable care to protect Buyers’ patterns while they are on the Seller’s premises but does not accept liability for any loss, damage or expense arising from any cause whatsoever which does not directly and solely result from a failure by the Seller to exercise such reasonable skill and care, provided that the Seller shall be under no duty to exercise such reasonable care in respect of patterns in the Seller’s custody for which no castings have been ordered for a period of three years. The Buyer shall be responsible for the custody of his patterns from which no castings have been ordered for a period of two years.
- Pattern equipment shall be held as a lien in respect of unpaid accounts.
- All patterns under the ownership of Ballantine Castings Ltd. the seller is responsible for their upkeep.
- Ballantine Castings Ltd. holds insurance for 3rd party patterns at £500,000.00 – if a Buyer requires larger insurances requests must be made in writing.
Unless otherwise stated, all prices are quoted ex-works.
- Goods collected by the Buyer are carried at no risk to the Seller, the Seller will not be held responsible for any loss or damages however caused.
- Any special delivery at the request of the Buyer will be charged extra.
- The Buyer will ensure he is capable of receiving goods ensuring adequate access is available. Any cost arising out of difficulty with delivery will be the responsibility of the Buyer.
Time for delivery is estimated as accurately as possible, but is subject to any delays or breakdowns beyond the control of the Seller and is not guaranteed. The period specified for delivery on the Seller’s quotation:
- is exclusive of any period in making, altering, or adapting patterns or in any experimental work connected with the castings.
- Shall commence only after the receipt of written instructions to proceed together with all necessary information, drawings, and (if to be supplied by the Buyer) patterns or equipment.
- Shall (if a sample casting is to be submitted for Buyer’s approval) commence only from date of receipt of written approval.
DAMAGE, SHORTAGE OR LOSS
The Seller does not accept responsibility for any damage or loss in transit unless:-
- Damage or shortage is notified in writing both to the Seller and to the carriers within 7 days of receipt of goods and the goods have been signed for as “not examined” and have been handled by the Buyer in accordance with Carriers’ conditions, or
- Non-delivery (in the case of total loss) is notified both to the Seller and to the carriers within the carriers’ permitted period.
Samples submitted will be payable by the Buyer unless returned to the Seller’s works, carriage paid, within one month from the date of dispatch. In all instances where the Seller is working from a new pattern, an altered pattern, or a pattern fresh to the Seller’s foundry, the Seller may submit sample castings for approval before executing the bulk of the order, which will only be commenced on receipt of such approval in writing. Where small quantities only are required submission of samples will be made only if such is requested by the Buyer at the time of placing the order.
Unless otherwise stated, the cost of supplying, machining, or testing all test pieces required by the Buyer will be charged extra. When figures or particulars relating to physical or chemical properties are indicated, they are to be regarded as a general guide only, and constitute no guarantee from Seller unless specified margins have been agreed at the time of placing the order. Whilst every effort is made to provide sound castings no express or implied warranty is given by the Seller as to the fitness or suitability for any particular purpose whether such purpose is known to the Seller or not. The Seller accepts no liability whatsoever, whether arising under any condition, warranty or other term, whether expressed or implied in respect of the suitability or fitness of castings for any particular purpose whether or not such purpose is known to the Seller or in respect of castings found to be defective through fault or design or construction of patterns supplied by the Buyer.
- The invoice value of any castings made by the Seller and proved to be defective in workmanship or materials will be credited to the Buyer, provided that the castings are returned to the Seller within 3 months from date of dispatch. Any such agreed defective castings will be replaced (and re-invoiced at the price credited) or made serviceable for their original purpose free of charge.
- The Buyer shall make every effort to ascertain any possible defects as soon as possible after delivery of the castings, including any necessary test or inspection during and especially after machining. Immediately after discovery of any such defects or alleged defects, the Buyer shall notify the Seller in writing and give the Seller a reasonable opportunity to take prompt measures to prevent a repetition of the defect.
- Defective castings will not form the subject of any claim for labour, machining, costs or other expenditure thereon or for resultant loss or damage arising out of any such defect.
- Expenditure by the Buyer on the salvaging of defective castings may be a matter for agreement between Buyer and Seller, but in the absence of such agreement it shall not be chargeable to the Seller and any such salvaging operation shall not be proceeded with in any manner liable to prejudice the opportunity of the Seller to take the earliest possible steps to avoid a repetition of the defects in any further castings he may be making.
- No claim for free replacement or otherwise will be accepted in respect of any castings found to be defective through faults in the design or construction of patterns supplied by the Buyer.
RETENTION OF TITLE
- Title to the goods shall remain the property of the Seller until paid for in full.
- The ownership of castings supplied by Ballantine Castings Ltd. shall remain with Ballantine Castings Ltd. who reserve the right to dispose of the castings until payment in full for all the castings has been received by Ballantine Castings Ltd. or until such time as the Buyer sells the material to its customers by way of bona-fide sale at full market value.
- If payment by the Buyer is overdue in whole or in part Ballantine Castings Ltd. may (without prejudice to any of its other rights) recover or re-sell the castings or any of them and may enter upon the Buyer’s premises by its servants or agents for that purpose.
- Such payments shall become due immediately upon the commencement of any act or proceeding in which the Buyer’s solvency is involved.
- Where monies are due to Ballantine Castings Ltd., the pattern equipment whether paid for or not held at Ballantine Castings Ltd. shall be forfeited and considered an asset of Ballantine Castings Ltd. and shall be disposed of as the company sees fit. This agreement clarifies and is in addition to section 4
- of Ballantine Castings Ltd. Terms and Conditions of Sale and negates any relevant clauses in customers conditions of purchase.