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Product and Availability Information
Unless otherwise stated, electrical ratings represent safe working limits. Dimensions and other physical characteristics are subject to normal commercial
tolerances. The Customer shall be responsible for ensuring the fitness of the product for the Customer’s application. Products will be available only until stocks
are exhausted. However, the Company reserves the right without prior notice to discontinue any Product or to make design changes as part of its continuous
programme of Product improvement, or to assist Product availability. Where possible, future changes will be indicated in the catalogue against the Product
and such changes may take place during the life of a catalogue. The Company recommends that the Customer verifies dimensions and other data published
in this catalogue together with future availability, before incorporating Products into designs or for other critical purposes. The information contained in this
catalogue was, so far as the Company was aware, correct at the time of going to press. Where the Customer intends to supply the Products to any other
person, the Customer shall ensure that all warnings, labels, instructions, manuals and other information in respect of the Products or their use which are
supplied with the Products are not lost or damaged in any way while the Products are in his possession or under his control and that they are supplied with
the Products or when he releases them from his possession or control.
Liability
The Company shall not be under any liability for damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect
advice or information whether or not due to the Company’s negligence or that of its employees, agents or sub-contractors. These conditions set out the
Company’s entire liability in respect of the Products and the Company’s liability under these Conditions shall be in lieu and to the exclusion of all other
warranties, conditions, terms and liabilities express or implied statutory or otherwise in respect of the quality or the fitness for any particular purpose of
the Products or otherwise howsoever except any implied by law which by law cannot be excluded. Save as provided in these Conditions and except as
aforesaid the Company shall not be under any liability, whether in contract, tort or otherwise, in respect of defects in the Products or failure to correspond
to specifications or sample or for any injury, damage or loss resulting from such defets or failure. In no event shall any breach of contract on the part of the
Company or tort (including negligence) or failure of any kind on the part of the Company or that of its employees, agents or subcontractors give rise to any
liability for loss of revenue or any consequential or indirect loss or damage arising from any cause whatsoever. The Company’s liability (if any) whether in
contract, tort or otherwise in respect of any defect in the Products or of any duty owed to the Customer in connection herewith shall be further limited in
the aggregate to £. 100,000.
Payment
Payment will be by cash, cheque or bank transfer. All cheques should be made out to the Company and crossed “Account Payee Only”.
For pro forma invoices the Customer will pay
(a) an initial deposit of 50% of the price of the Products to be manufactured and
(b) the balance of 50% of the price of the Products plus the cost of carriage, on notification by the Company that the Products are ready for despatch.
VAT will be added to the total purchase value at the rate applying at the date of order.
The company reserves the right to charge interest on any sum owing to it from the payment due date until payment at the rate of 5% above HSBC base rate
per annum, accruing from day to day. All payments must be made without any set-off, deductions or counterclaim.
Country of Origin
Unless otherwise confirmed, nothing in this catalogue is to be taken as a representation of the source of origin, manufacture, or production of the Products
or any part thereof.
Returns and Handling Charge
No returns, except when claiming for replacement under warranty, are permitted without the Company’s prior consent. All other Products accepted for return
and not subject to replacement will be credited at invoice value, less a handling and packing charge of 10% If invoice details are not quoted the credit will be
based upon the lowest sales price. The Company reserves the right to apply an additional handling charge should returned Products sustain damage through
misuse. Products to be returned to the Company should be properly packed and despatched carriage prepaid.
Copyrights and Patents
Products offered for sale in this catalogue are subject to any patent, trademark, registered design, copyright, topography right, or other right of any person.
The Company owns full copyright in respect of this catalogue, and its whole or partial reproduction without the Company’s prior written consent is
prohibited.
Export Orders
These conditions do not apply to export transactions for which separate conditions of sale exist. However, in the event that the Products supplied are ultimately
exported, the Customer will be responsible at his own expense for obtaining any licence and complying with any export regulations in force within the United
Kingdom and the country for which goods are destined.
Force Majeure
If the Company is hindered or prevented from performing any contract owing to any cause beyond the reasonable control of the Company or by its inability to
procure services, materials or articles required for the perfomance of the contract except at enhanced prices, the Company may at its sole option delay the
performance of, or cancel the whole or any part of the contract and the Company shall not be held responsible for such delay or cancellation or any inability
to deliver.
Choice of Law
All contracts between the Company and the Customer shall be governed by and interpreted in accordance with English Law and the Customer submits to the
jurisdiction of the High Court of Justice in England, but the Company may enforce any such contract in any court of competent jurisdiction.
Christopher Hyde Limited