1. The "Company" is QD Plastics Limited. The "Customer" is the purchaser of goods from the Company.
2. The Company desires to sell goods to the Customer’s satisfaction but the Company’s liability under these conditions shall be its whole liability and responsibility to the Customer under or arising out of the contract for the supply of goods and in particular shall be in lieu of all and any warranty or condition implied by law as to the quality of goods or their fitness for any particular purpose. Nothing however shall exclude any liability the Company may have for death or personal injury caused by the negligence of the Company or its employees (except when under the control of the Customer).
3. The Company shall have no liability for any defect in the goods supplied where such defect would be on reasonable inspection have been revealed unless within 14 days of the date of supply the Customer shall have given written intimation of claim to the Company of defects in loss of or damage to the goods.
4. The Company’s liability to supply goods conform to contract and fit for the purpose so far as it is reasonable. The Company shall have no liability for a design or specification that is supplied to the Company by a Customer. The Company shall have no liability for goods not of the Company’s own manufacture but the Customer shall be entitled to the benefit of any guarantee given to the Company by the makers to the extent that such guarantee is effective and enforceable. In the manufacture of goods there is a contrary requirement specifically provided for in the contract the Company shall be entitled to the usual tolerances as provided for by the British Standards Institution or as are customary and reasonable for the Company’s goods.
5. Unless otherwise specifically provided in writing a quotation by the Company shall be deemed to be withdrawn if not unconditionally accepted within 30 days of its date. Payment of the price will be due by the end of month following the month of supply to the Customer. In the event of failure to pay on the due date interest at 2.5% per month shall be payable from the date of supply until payment. Ownership of goods supplied by the Company shall remain with the Company until full payment will have been made by the Customer to the Company in respect of the goods.
6. Time of delivery will be calculated from the date on which the Company receives a written order together with all drawings and information necessary for the Company to complete the supply. The Company shall use its best endeavours to complete the supply in time or by the date specified in the order but time shall not be of the essence of the contract and the Company shall not be liable for any direct or indirect loss that may arise from any delay in completion of supply or delivery.
7. The Company guarantees its products for 12 months after supply but the Company shall have no liability or responsibility in respect of goods except for claims arising due to the negligence of the Company or its employees and in any event the Company’s liability shall be limited to:-
(a) the cost of providing a replacement for any defective part of the goods: or (b) a refund of the price paid for the goods found to be defective: or (c) the provision of replacement goods for defective goods
PROVIDED THAT the Company shall not have liability for defects in goods unless written information is made to the company of defects within 12 months of supply. The Company shall not be liable for any loss of time, loss of use or any consequential loss whatsoever. The Company shall not be liable for dismantling or reassembling or any charges in connection therewith.
8. The Company will indemnify the Customer against any infringement of patent rights in regard to the goods except in respect of goods to Customer’s design when the Customer will indemnify the Company against any infringement of patent rights.