Shamir UK Catalogue - Catalog - Page 20
Terms & Conditions
DELIVERY & RISK
In these conditions “The seller” means Shamir UK Ltd.
“The buyer” means the individual, firm or company with
whom the Seller contracts to sell the Goods, and “The
goods” means the goods, materials or services which
are the subject of these conditions.
Every effort is made to meet delivery dates, but a fixed
date shall not be the condition of the supply of the
All quotations are given and all orders are accepted on
these conditions which shall override and exclude any
other conditions stipulated or referred to by the buyer
and all orders made by the buyer shall be deemed to
be made subject to these conditions.
The seller shall not be liable for any delay or non
delivery of the goods caused by any circumstances
beyond the seller’s control, including but not limited
to an act of God, explosion, fire, flood, war hostilities,
accident, delay in delivery by the seller’s suppliers,
breakdowns or accidents to machinery, labour strike
or dispute, order or decree of any court, or action of
any Governmental authority, or any other causes or
circumstances whatsoever beyond the seller’s control.
On the occurrence of any of the above events, the
seller reserves the right to cancel or suspend the
whole or any part of the delivery.
Where the seller concludes the contract of carriage
and / or insures the goods in transit, the seller shall be
deemed to be acting solely as the buyer’s agent and
sections 32(2) and 32(3) of the sales of goods act will
If the goods or any part thereof are damaged or lost
while in the custody of the carrier, the seller will, as its
sole option, either replace such goods or such part
thereof, or refund to the buyer the cost of the same,
but in no circumstance shall the liability of the seller
in connection with any such goods or part thereof
exceed the cost of replacement of the same or price
paid by the buyer for the same.
The seller shall not be liable for non-delivery of a
whole consignment of the goods, unless the buyer
informs the seller within 48 hours of the date of invoice
The seller shall not be liable to the damage of the
goods, or loss of part of a consignment unless the
delivery note is endorsed accordingly and the buyer
notifies the seller within 48 hours of delivery.
Risk or loss or damage to the goods shall pass to the
buyer at the time of delivery.
No modifications of these conditions shall be effective
unless made by an express written agreement
between the buyer and the seller.
All descriptions and illustrations in the Seller’s
catalogues, price lists, and advertisement or otherwise
communicated to the Buyer shall not form part of the
contract, but shall be treated as approximate.
Notwithstanding that a sample of the goods may have
been exhibited to and inspected by the buyer, the
Goods shall be taken by the buyer at its owners risk
as to their corresponding with the sample and their
quality, condition or fitness for any purpose.
The price to be paid for the goods is to be the seller’s
list price prevailing upon the date upon which the
Seller accepts the buyer’s order for the goods.
The seller shall be entitled to adjust the price to be
paid for the goods by such amount as it thinks fit at
any time before despatch of the goods in the event
of any increase in the cost to the seller in supplying
the goods, whether such an increase shall result
from higher costs of raw materials, labour, transport,
or overhead expenses, or from any other cause
The seller shall be entitled to make an additional
charge for postage and packing.
Value added tax will be charged at the rate prevailing
upon the date of despatch.
Late delivery shall not be a ground for cancellation or
refusal to take delivery of the goods and the seller shall
not be liable for any loss, including consequential loss
or damage resulting from such delays.