Conditions of Sale

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l . In these conditions "the Company" means S&S STEELSTOCK LIMITED

2. All sales by the company are subject to these conditions except so far as the same shall have

been varied in writing signed by a responsible officer of the Company on its behalf. No

provision in the Buyer's order or acceptance shall fonn part of the Contract of sale.

3. Dates or periods for delivery quoted by the Company are given in good faith but are not of the

essence of the Contract.

4. The Company shall be deemed to have fulfilled the Contract if the goods delivered are within

a tolerance of 10% above or 10% below the quantity ordered.

5. rusk as to goods sold shall pass to the buyer upon delivery but title in the goods shall not pass

to the buyer until payment has been made of the full invoice price thereof and of any other

sums due from the buyer to the Company under any other Contract whatsoever.

The buyer may sell the goods to the third party before title shall have passed in accordance with

the foregoing only in the ordinary course of the buyer's trade but in the event of such sale by

the buyer all claims against any third party in respect of the goods shall be assigned to the

Company immediately they shall arise, and the buyer shall hold all sums received from any

third partY in respect of the goods in a separate account and in trust for the Company until title

shall have passed. The buyer may use the goods to make a new object or incorporate them in

an object or structure before title shall have passed in accordance with foregoing only in the

ordinary course of the buyer's trade but in the event of such μse of the goods the new object or

structure made as aforesaid shall be held by the buyer in trust for the Company until the title

shall have passed.

Without prejudice to the generality of the foregoing the Company may at any time before title

shall have passed in accordance with the foregoing repossess the goods or trace them or the

proceeds of sale of them in the hands of the buyer or of any liquidator or receiver.

6. Unless a fixed price has expressly been agreed by the Company the price payable by the buyer

shall be the Company's ruling price at the date of despatch of each delivery. Prices include

delivery unless otherwise agreed and are subject to the adding ofValue Added Tax. Payment is

due in net cash by the end of the month following that of delivery. The Company shall be

entitled to receive interest at the rate of 4% above the current bank of England base rate on any

sum overdue for payment and shall be relieved of any liability to deliver to the buyer further

goods under this or any other Contract until all such sums and interest have been paid in full.

7. Without prejudice to its other rights the Company may terminate the Contract or suspend

further deliveries to the buyer in the event of the buyer's failing to make payment for any goods

or being subject to any distress or other legal execution or becoming insolvent or (being a body

corporate) having passed a resolution for voluntary winding up or being subject to a windingup

order or the appointment of a Receiver.

8. If the buyer agrees to collect the goods from the Company shall be under no liability for the

operation of the transport of the buyer or his Contractor. The loading of the said transport in

compliance with Road Traffic Legislation is the responsibility of the buyer or his contractors.

9. The Company warrants that goods sold by it are within the usual tolerances as to quality and

finish. As the Company is generally unaware of the use to which goods will be put all

conditions and warranties as to fitness for purpose whether express or implied and whether

arising by statute custom of the trade or at common law are excluded.

10. The liability of the Company in the event of its being in breach of Contract is limited to loss

and damage following directly from such breach and the parties agree that no claim shall be

pursued or entertained in respect of indirect or consequential loss, loss of profit or damage to

the buyer's plant or premises.

11. (a) The Company shall not be liable for defects in the goods which would apparent upon a

reasonable examination thereof unless within seven days ofreceipt of the goods the buyer

shall give written notice of such defect and shall thereafter afford the Company reasonable

facilities for their inspection before use or processing.

(b) The Company shall not be liable for defects in the goods not apparent upon reasonable

inspection unless the same shall have been discovered within three months of the receipt of

the goods and shall have been notified to the Company in writing so that the Company shall

have had reasonable facilities for inspection.

( c)Tbe Company shall not be liable for short weight of goods sold unless the buyer shall have

given notice thereof within seven days of receipt of the goods and afforded the Company a

reasonable opportunity to witness a further weighing.

12. The Company shall not in any event be liable:

(a) for any loss damage delay or detention or misdelivery of the goods in the course of transit

unless the buyer shall have given the Company and the carrier within three days of receipt of

the goods written notice of the buyer's complaint.

(b) For non-delivery omen-arrival of the whole or any consignment of the goods or of any

separate package unless the buyer shall have given the Company and the carrier a written

notice thereof within twenty days of the date of the Company's advice note or the scheduled

date of delivery. •

13. If the Company shall have delivered goods in breach of Contract but shall have rendered

performance not substantially different from that expected then it may by way of complete

satisfaction of the buyer's claims.

(a) offer the buyer the goods at a reduced price

(b) offer to take the goods back and repay the price of them or

14. The Company shall not be liable for failure or delay in delivery caused by fire the elements

Acts of God or the King's enemies civil commotion industrial dispute strike lockout shortage

of raw materials or fuel breakdown of plant acts orders or regulations of the Government late

receipt of the buyer's specification or other necessary information failure of the postal system

or other unavoidable cause whatsoever.

15. The Company shall not be liable for goods that have been processed.

16. This Contract shall be deemed to have been made in England and shall be governed in all

respects by English Law. The buyer shall submit to the jurisdiction of the English Courts.

17. All hire processing and storage of the purchasers/customers materials is subject to the standard

conditions of the National Association of Warehouse.

On behalf of ................................... I confirm that I have read understand agree and

accept the above conditions of sale.

Signed

Position in company ................................

Date