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These are the only Terms under which FHL accept goods and they apply to all
Goods without exception. Acceptance of FHL's Quotation or the delivery of Goods
to FHL for work constitutes acceptance of these Terms. The Customer's Terms of
Business, whenever they are made known to FHL, insofar as they are at variance
with these Terms, shall not apply and if the Customer does not wish to contract
under these Terms goods should not be forwarded.
HAZARDS OF PROCESSING
All Treatments are carried out with due diligence, taking into account the
"state of knowledge" at the time. Heat Treatment or straightening can lead to
cracking, distortion, scrapping and breakage of material, failure to respond to
treatment and other deleterious results for various reasons outside FHL's
control, such as material hardenability, sharp corners, changes in section,
segregation, manufacturing history, residual stress, section size, etc. can
occur. Furthermore, supply failure of equipment during the work can lead to
irreparable damage to the Goods. The Customer accepts that FHL, exercising all
reasonable professional care and judgement, shall not be responsible for such
occurrences and will meet FHL's charges for work carried out.
INDUCTION AND FLAME HARDENING
The Customer must supply sample components as required by FHL for
treatment with each batch of Work. Such samples become the property of FHL who
may section them to prove the depth of hardening and consistency of treatment.
The Customer may at his instruction approve, or not, the processing on
examination of the test sample. The Customer is reminded that, due to the high
rate of heating and quenching and the rapid introduction of stress, micro
cracking can occur with induction hardening and flame hardening particularly at
the beginning and end of a hardened path. FHL may use their discretion to
incorporate Induction Hardening or Flame Hardening, whichever is the more
suitable.
FITNESS FOR PURPOSE
FHL do not imply that the Goods will be fit for any purpose (whether disclosed
or not) after the Work has been executed. It is the Customer's responsibility to
ensure, by whatever tests and trails he deems necessary, that the Goods are fit
for his intended use.
1.)
INTERPRETATION
1.1) "FHL" means Flames Hardeners Ltd.
1.2) "Customer" means the person, firm or Company with whom the Contract is
made (and any person, firm or Company claiming through them).
1.3) "Contract" means the contract between FHL and the Customer.
1.4) "Instruction" means instruction given by the Customer, verbally or
written in the form of an official Order, Advice Note, Requisition or any other
document.
1.5) "Goods" means goods which the Customer requires to be treated by FHL.
1.6) "Work" means any process carried out by FHL upon Goods.
1.7) "Contract rate" means the cost of the Work per item where the Goods
consist of more than one identical item.
1.8) "Day" means any day of the week.
1.9) "Month" means a calendar month.
2)
GOODS ACCEPTANCE
2.1) The Customer's Instruction shall include full specification of material,
cast analysis, metallurgical condition and history of material,specified
treatment required by provision of detailed engineering drawing, machining
operation sequence and finishing allowances. The Customer accepts responsibility
for failure to provide any of the above. For repeat Goods FHL (at it's option)
may waive all or part of the requirements of this Condition 2.1.
2.2) FHL shall accept the Goods (at it's option) either by written acceptance
or by carrying out the Work.
2.3) The Instruction and any variation are the Customer's responsibility and
no reliance shall be placed upon any comments made or advice given by FHL.
3.) PAYMENT
3.1) The Customer shall pay Credit Accounts nett cash within 30 days
following the end of the month in which an invoice is dated.
3.2) FHL shall have a general lien upon the Goods and upon any other property
brought to FHL by the Customer.
3.3) FHL may make and invoice separately, instalment deliveries.
4.)
DELIVERY DATE
FHL shall not be liable for any loss incurred by the Customer
or any other person or body consequential upon delays in delivery. In such case remedy shall be to send written notice to FHL requiring completion of
the work within a specified period of at least seven days and at the expiration
of such period the Customer shall be entitled to collect the Goods (whether or not
processed) subject to payment at the Contract rate for all work done and for all
other monies due the to FHL.
5.) LIABILITY
5.1) In the event of damage to all the Goods caused by FHL's negligence or
any other circumstances whatsoever FHL's liability to the Customer shall not
exceed three times the Contract price or £500 which ever is the least.
5.2) In the event of damage to part of the Goods in such circumstances FHL's
liability shall not exceed three times the Contract rate multiplied by the
number of items damaged or £500 whichever is the least.
5.3) Any liability for any consequential loss (save for death or personal
injury caused by negligence of FHL, it's servants or agents) is excluded.
6.)
CLAIMS
6.1) FHL does not accept liability to return cases, cartons and
pallets but will endeavour to do so.
6.2) The Customer accepts that losses of up to 3% are normal where large
quantities of small items are treated and that no claim shall be for such
losses.
6.3) Subject to 6.2 the Customer shall advise FHL in writing within three
working days of any deficiency in the quantity of the Goods delivered or of
non-delivery.
6.4) The Customer will inspect within 7 days of receipt of the Goods to
confirm by any necessarx tests that the Work is as instructed or at FHL's
request at any stage of treatment.
6.5) Any claims that the Goods or part of them do not conform with the Work
Specification or have been damaged shall be made in writing to FHL within 7 days
of delivery whereupon FHL will be afforded every reasonable facility to inspect
and test the Goods and re-treat where practical.
7.) SUB-CONTRACTING
Unless FHL is otherwise instructed by the Customer, FHL may
sub-contract the whole or any part of the Contract and also store on premises
other than its own the whole or any part of the Goods and in either or both cases these Terms
shall apply to the Sub-Contractor or bailee.
8.) CONFIDENTIALITY
8.1) FHL shall not disclose to any third party the Customer's
drawings or specification of Work without the Customer's consent.
8.2) The Customer shall not disclose to any third party FHL's processes or
methods of working.
9.)
LEGAL CONSTRUCTION
The construction validity and performance of the Contract in all
respects shall be governed by the Law of England.
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