Terms and Conditions
- All contracts for the supply of goods (“Goods”) by ISG Fume Ltd to a customer (“the Purchaser”) will be subject to the following terms and conditions and in dealing with ISG Fume Ltd the Purchaser accepts that these terms and conditions shall apply to any Contract between the parties in preference to the Purchaser’s own terms and conditions (if any). Interpretation of these terms and conditions and any contract to which they shall apply shall be governed by English Law.
- All goods are sold by ISG Fume Ltd in accordance with the manufacturers and/or standard specifications (if any) applicable to such goods and subject to these Conditions of Sale and no contrary stipulations by the Purchaser shall be valid unless specifically authorised by us in writing.
- Goods supplied for projects may be exchanged for ISG Fume Ltd goods of equivalent value provided such exchange takes place within 28days of delivery and such goods are unused. The returned Goods must be in their original unopened containers and in saleable condition. Goods are to be returned at the Purchaser’s own expense.
- Prices quoted by ISG Fume Ltd are ex seller’s warehouse unless otherwise agreed in writing. The Purchaser is responsible to effect whatever insurance is required at the Purchaser’s expense. Invoices are payable on presentation. Prices are subject to change without notice. In particular, ISG Fume Ltd reserves the right to vary quoted prices:
i. To conform to its price for similar goods at the date of despatch;
ii. To take account of changes in manufacturers’ costs or other costs between quotation and delivery.
- All goods are offered subject to being unsold on receipt of order.
- ISG Fume Ltd will accept cancelled orders, provided we are notified 14 days before scheduled delivery date. All proforma payments will be retained at the discretion of the Director. If a cancelled order is after the 14 day cut of period, the storage and handling fee will be charged to the customer.
- In the event of ISG Ltd accepting return of goods incorrectly ordered or unwanted, ISG Ltd will charge 80% of the order value plus any cost incurred in the removal and return of goods.
CUSTOMERS ARE EXPRESSLY REQUESTED NOT TO RETURN GOODS WITHOUT OBTAINING BOTH AUTHORISATION TO DO SO AND INSTRUCTIONS ON THE PACKING AND CARRIAGE OF SUCH GOODS. A return number will be issued which must appear on the cartons and paperwork. Credit for goods returned can only be given, or exchanges made, if written permission has been obtained beforehand and if the returned goods are in the original unopened containers and in saleable condition.
- Ownership of the goods remains vested in ISG Fume Ltd until fully paid for by the Purchaser. Until payment is made the Purchaser shall hold the goods on a fiduciary basis. The Purchaser shall be entitled to sell any Goods in the possession of the Purchaser but owned by ISG Fume Ltd and the Purchaser shall be under a fiduciary duty to account to ISG Fume Ltd for the proceeds of sale to the extent that any monies are owed by the Purchaser to ISG Fume Ltd. The risk of the goods sold shall pass to the Purchaser at the point of delivery to the Purchaser or to the delivery agent. It is the responsibility of the Purchaser to request and pay for the insurance of goods ordered. Until such time as title to the Goods passes to the Purchaser (and provided the Goods are still in existence and have not been resold) ISG Fume Ltd shall be entitled at any time to require the Purchaser to deliver up the Goods to ISG Fume Ltd and if the Purchaser fails to do so, to enter upon the premises of the Purchaser or any third party where the Goods are stored and repossess the Goods.
- Claims for goods lost or damaged in transit should immediately be logged with the carrier concerned. ISG Fume Ltd will not entertain any claim for non delivery unless written notification is received by ISG Fume Ltd within seven days of receipt.
- Under no circumstances whatsoever shall ISG Fume Ltd responsibility (under contract tort breach of statutory duty or otherwise) to the Purchaser exceed the invoice price of the particular goods being the subject of the claim.
- ISG Fume Ltd shall have no liability whatsoever or howsoever to the Purchaser by way of indemnity or by reason of any breach of the Contract or a statutory duty or by tort (including but not limited to negligence) for any loss of profit, loss of use, loss of production, loss of contracts or for financial or economic loss or for any indirect or consequential damage whatsoever suffered by the purchaser even where such loss and/or damage had been within the contemplation of the parties at the date of entering into the contract. Nothing in this clause shall exclude any liability for fraudulent misrepresentation.
- Without prejudice to any other remedies available to ISG Fume Ltd, if the Purchaser makes a voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual) becomes bankrupt or (being a company) goes into liquidation (other than for the purposes of amalgamation or reconstruction), ISG Fume Ltd shall be entitled to cancel any agreement with the Purchaser or suspend any further deliveries and if the goods have been delivered but not paid for the price shall immediately become due and payable notwithstanding any previous arrangement.
- Delivery dates provided by ISG Fume Ltd are indicative only and made without obligation. Time for delivery shall not be of the essence of the contract unless previously agreed by ISG Fume Ltd in writing and in any event failure to deliver goods by any specific date or any late delivery will not provide grounds for cancellation of any order for goods specially obtained for the Purchaser’s order.
- The Purchaser accepts that all goods manufactured by ISG Fume Ltd are to be used strictly in accordance with the manufacturer’s printed package insert supplied with the goods or applicable at time of supply. The Purchaser agrees that any advice or assistance by ISG Fume Ltd staff is given in good faith and will not be treated as a recommendation to adopt any procedure contrary to the manufacturer’s printed package insert of the catalogue or commonly accepted Good Laboratory Practice.
- The Purchaser accepts that ISG Fume Ltd does not routinely undertake Quality Control testing on goods not of its own manufacture. The Purchaser accepts that responsibility rests solely on the Purchaser to determine that goods and procedures obtained from ISG Fume Ltd are suitable for Purchaser’s own purposes. The Purchaser agrees to hold ISG Fume Ltd harmless and indemnify ISG fume Ltd against claims by all and any third party arising out of the use of the goods whether these claims are the result of direct or consequential damage.
- For the avoidance of doubt nothing in these Terms and Conditions shall confer on any third party any benefit or the right to enforce any term of the contract.
- Notwithstanding anything to the contrary expressed in or to be implied from these Terms and Conditions, these Terms and Conditions shall be deemed to contain the entire agreement and understanding between the parties which supersedes any and all previous agreements and understandings between the parties and the purchaser acknowledges that in accepting the prices quoted by ISG Fume Ltd and entering into these Terms and Conditions the Purchaser has not relied or will not rely on any statements, representations, warranties or undertakings which are not expressly set out in the documents referred to above including without limitation to the generality of the foregoing any undertakings contained in any other documents made available by ISG Fume Ltd prior to the execution of these Terms and Conditions. This clause shall not exclude any liability for fraudulent misrepresentation.
- If, unfortunately, you choose not to accept our terms and conditions you have the right to close your account at no charge by calling your account manager. As a valued customer we hope this is not the case.