In the context of these conditions the word “Company“ shall mean Quality Engineered Products Ltd. The word “Supplier” or “Contractor” will be the recipient of any order from Quality Engineered Products Ltd. The word “Goods” means the Articles or items and the word “Services” means the work described in the order.
- This Order constitutes an offer on the part of the company which must be accepted in writing by the supplier or contractor or by the actual execution of the order.
- Acceptance of an order will be deemed to bind the Supplier or Contractor to the following terms and conditions and no Goods or Services shall be supplied or performed by the Supplier or Contractor, their employees, agents or representatives, except in accordance therewith. In the case of any conflict between these conditions and those of the supplier or contractor, these conditions will prevail.
- (a) All Goods and Services supplied will comply to the Companies Quality Requirements and will be subject to the company’s approval, and must meet the specification as to quality, quantity, standards or description.
(b) The Company shall have the right to reject any Goods or Service which are faulty or do not conform to the quantity, quality, standard or description as specified in the Order. The Company may return the rejected goods at the Supplier’s or Contractors risk and expense
- The Supplier or Contractor shall indemnify the company against the following:
(a) Loss or damage, or injury arising, caused to the Company, or for which the company may be liable to third parties, due to defective workmanship or unsound quality of the Goods or Services supplied.
(b) Claims in respect of death or injury, howsoever caused, to any of the employees, or those of the agent or subcontractors, of the Suppliers or Contractors, while in or about the Company’s sites or works or other places of business.
(c) Consequential loss or damage sustained by the Company or for which the Company may be liable as a result of the failure of the Supplier or Contractor to perform the work or supply the materials in accordance with the terms of the Order.
- In the event of the Company’s requirements for the Goods or the Services being cancelled, delayed, interrupted or otherwise restricted by force majeure, industrial dispute, or any other cause whatsoever beyond the control of the Company then the Company shall be at liberty to defer the date of delivery or performance.
- The Company shall not accept a charge for casks, packages or containers of any description without prior agreement.
- The Company will not bear the cost of unloading materials on site. In the case of materials being forwarded to a point of delivery, or having to be trans-shipped, unloaded or otherwise handled by the Company’s employees or agents, the cost of unloading, trans-shipping, or handling, will be charged to the supplier.
- No variation in price will be accepted. The price agreed prior to the placement of this order and shown on the face of the purchase order will apply.
- Any breach of any term of an Order by the Supplier or Contractor, either in relation to time of delivery or otherwise, shall (whether the company have accepted the Goods or Services has been passed to the Company or not) entitle the company in its option either to treat the order as repudiated or treat any such breach as a breach of warranty, giving rise to a claim for damages.
- Payment for Goods supplied or Services rendered within the terms of an Order will be made 30 days after the end of the calendar month in which the Goods are received or the Services rendered.
- Goods issued free of charge by the Company for the purpose of one or more processes being carried out upon them shall remain at all times the property of the Company. The Company shall have the right at any reasonable time both to inspect any goods so issued and remove them at any time.
- This order may be cancelled at any time by the Company giving the Supplier or Contractor notice in writing. A fair and reasonable price shall be paid for all work in progress at time of the cancellation which is subsequently received by the Company. The Company shall not be liable for any loss to the Supplier or Contractor including consequential loss.
- Any Goods manufactured or supplied by the Supplier or Contractor shall remain at the Supplier’s or Contractor’s risk until delivery to the Company has been completed.
- Any Goods manufactured or supplied by the Supplier or Contractor shall be controlled in accordance with the Companies Supplier Quality Requirements document QEP-PS-40.
- The Supplier or Contractor warrants that the design, construction and quality of any goods to be manufactured or supplied by him or them comply in all respects with any Statute, Statutory Rule or Order, or Regulations which may be in force at the time and further that the sale or use of the Goods by the Company would not infringe any British or Foreign patent, trade mark, trade name or registered design. The Supplier or Contractor undertakes to indemnify the Company against loss, damage, liability, costs or expenses which the Company may suffer or incur by reason of any breach of the said warranties.
- The Supplier or Contractor warrants that he has complied with all his obligations as manufacturer or supplier under the Health and Safety at Work Act 1974, or under any Regulations or Orders made or under any re-enactment or consolidation of the said Act or Regulations or Orders.
- The Supplier or Contractor shall not without the written consent of the Company assign, transfer or sub-let the Contract or any part thereof other than for minor details or for any part of the Goods of which the makers or suppliers are named in the Order.
- The Supplier or Contractor shall treat this order and all designs drawings specifications and information supplied therewith as confidential and shall not disclose the same to any third party without the Company’s written consent or infringe any copyright, patent, trade mark, trade name or registered design vested in the Company.
- The proper law of the Contract of which these conditions are a part shall be English Law and the parties hereby submit to the jurisdiction of the English Law.
- The Companies liability for non-conforming material is limited to the value of replacing the goods only.
- The Title of goods supplied by the Company shall remain the property of of the company until full payment has been made.