- The price as stated on the order is inclusive and unless otherwise agreed in writing, no increases whatever will be payable nor will any extra charges for packing or transportation.
- Payment, unless otherwise agreed in writing, will be made within 60 days of the end of the month in which the Seller's acceptable invoice, giving order number and part numbers is received.
- It is an essential term of this Order that the Seller shall strictly comply with the requirements stated on the face hereof, including date of delivery, and with any specifications or drawings incorporated into the Order and shall be of the best materials and workmanship of their respective kinds to the relevant British Standard Specifications except where some other standards are specified.
- The Purchaser may cancel this Order at any time by notice in writing to the Seller and shall thereupon be liable (save in the case of a cancellation due to breach by the Seller of his obligations) only to pay for goods delivered and reasonable costs incurred by the Seller prior to the date of the notice. In no case shall the Purchaser be liable to pay more than the proportion of the Purchase Price attributable to the goods delivered or work completed.
- The Seller shall replace free of cost or, at the option of the Purchaser, repair any goods or parts thereof which shall within a period of 24 Months from date of delivery, show any defects in workmanship, materials or design. Repaired or replaced goods shall be subject to the same provision
- It shall be a breach of an essential term of this Order if the Seller shall become insolvent or, being an individual, commit an act of bankruptcy or, being a limited company, pass a resolution for winding-up or suffer the appointment of a Receiver.
- The property in the goods shall pass to the Purchaser on appropriation to the Order by the Seller or on payment of any part of the price by the Purchaser, whichever shall first occur. The risk in the goods shall pass on delivery.
- The Purchaser may vary the specification, quantity or delay or advance the delivery date of the goods to be delivered hereunder, provided that he shall give reasonable notice of such variation to the Seller in writing, and the Purchase Price shall accordingly be reduced or increased proportionately.
- The loss within the contemplation of the parties upon any breach of the terms of this Agreement shall include loss of use (partial or total) loss of profits and loss of contracts and any liquidated or general damages payable by the Purchaser to his customers in consequence of the said breach.
- All patterns, drawings or goods provided to the Seller for the purposes of the Order shall remain the property of the Purchaser and may not be copied, loaned or disclosed to any third parties without the Purchaser's prior written approval, and must be returned upon completion of the Order. The Seller shall be responsible for all risks in such property.
- The Purchaser may, or may authorise its customer to visit the Seller's premises to inspect work being carried out under the Order, at all reasonable times. The Seller shall provide all reasonable facilities for such visits.
- The Seller warrants that the sale or use of goods ordered will not infringe any United Kingdom or foreign patent, design trade mark, copyright or other intellectual property and undertakes to indemnify the Purchaser against all judgments, decrees, orders, damages, costs and expenses arising out of any such infringement, including all costs of legal proceedings in connection therewith.
- If the Order includes work to be performed on the Purchaser's premises the Seller shall comply with the Purchaser's Safety Rules for Contractors, a copy of which will be supplied for signature before work commences. If the Order includes work to be performed at a location other than the Seller's premises (e.g. construction site, ship, etc.), the Seller shall comply with such Health and Safety Rules as there apply.
- It is an essential term of this Order that the Seller shall submit certificates at the time of despatch, certifying that the goods supplied are in every respect as specified in this Order, including results of electronic, electrical, mechanical and/or chemical test as applicable. Any non-conformance found after delivery by the Seller will result in delay payment of the Seller's invoices. Any costs incurred by BWE Limited, as a consequence of the non-conformance, will be invoiced to the Seller's account.
- The Seller is not entitled to assign any of its obligations or benefits to any third party without the prior written consent of the Purchaser.
- The rights of the Purchaser hereunder shall be in addition to and not in substitution for his Common Law rights.
- If at any time, any question, dispute or difference shall arise between the parties, either party shall, as soon as reasonably practicable, give to the other, notice in writing of the existence of such question, dispute or difference specifying its nature and the point at issue, and the same shall be referred to the arbitration of a person to be agreed upon, or failing such agreement within 6 weeks, to some person appointed on the application of either of the parties hereto, by the President for the time being of the Institute of Mechanical Engineers. Performance of the Order shall continue during arbitration proceedings unless the Purchaser shall order the suspension thereof in writing.
- The contract shall be deemed to be a contract made in England and shall be construed according to English Law.
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