In these conditions the following expressions shall have the following meanings:
(i) "The Company" shall mean Bressner (UK) Limited.
(ii)"The Buyer" shall mean the person, firm or company placing the order.
(iii)"The Goods" shall mean any goods or materials or services described on the order.
If the following conditions shall conflict or be inconsistent with the terms or conditions contained incorporated or referred to in any document of the Buyer, then these conditions shall prevail unless otherwise agreed in writing by the Company.
3 QUOTATIONS & PRICES
The prices, quantities and delivery times stated in any quotation shall not be binding on the Company unless and until the Company has confirmed in writing its acceptance of an order placed by the Buyer in accordance with the quotation. The Buyer's order must be in writing and contain sufficient information to enable the Company to proceed. Verbal orders will only be accepted if confirmed in writing.
The Company reserves the right to increase without notice, quoted prices after the date of the Company's acceptance of an order to cover:
(a) Increases by suppliers to the Company.
(b) Extra cost incurred as a result of the cancellation, alteration or rescheduling of orders due to the Buyer's instructions or lack of instructions.
(c) Currency fluctuations, which increase the cost to the Company of materials or goods imported into the United Kingdom. All prices quoted exclude VAT and all other taxes. Carriage is charged extra.
4 DATA REGARDING GOODS
Any data delivered to the Buyer concerning the goods is not to be considered binding and constitutes only an approximate guide.
Specifications, drawings and other documents relating to the goods remain the property of the Company and may not be transmitted to a third party without the Company's written consent. All such documents must be returned to the Company if no order is placed with it or if any order is not accepted.
The specification for packing the products shall be entirely at the discretion of the Company who shall have the right to pack all products in such a manner and with such materials and in such quantities as it in its absolute discretion thinks fit and shall not be obliged to comply with any packaging instructions or requests of the Buyer.
6 DELIVERY & RISK
(a) The Buyer shall be bound to accept delivery of the goods by instalment and shall not be entitled to reject delivery or part delivery of the goods ordered. Defects in quality or dimensions of all or part of the goods in any instalment shall not be a ground for cancellation of the remainder of the order.
(b) The Company shall be under no liability for direct or consequential loss in respect of delay or the consequences of any delay in full or part delivery or for any failure to deliver caused by failure of the Company's suppliers to meet their delivery dates, acts of war, sabotage, insurrection, civil or other disorders, acts of an enemy state, acts of Government or local authority, judicial action, labour disputes and shortages, accident, fire, flood, explosions, storm or other acts of God, lack of fuels, raw materials or machinery or technical breakdown or by any other occurrence beyond the Company's reasonable control. This clause applies to any of these causes occurring either in the United Kingdom or in the country of origin of the goods.
(c) No order accepted by the Company can be cancelled or suspended by the Buyer except with the consent of the Company in writing. The Company shall have no liability for any consequential loss caused by any cancellation or suspension of an order.
(d) Should delay in delivery be caused by the Buyer, the Company may store the goods at the sole risk and expense of the Buyer and payment of the parts may at the Company's discretion be due on the date on which the consignment was ready for delivery.
(e) Unless acceptable specific instructions are received from the Buyer, the Company shall select a suitable carrier for the goods. Delivery of the goods in good condition to such a carrier constitutes delivery to the Buyer and the risk in the goods shall pass to the Buyer at this point. Any miss-delivery, breakage or other damage shall thereupon be the responsibility of the Buyer who may also be responsible for obtaining and paying for insurance and carrying out negotiations in the event of loss, miss-delivery, breakage or other damage regardless of the fact that insurance may have been secured by the Company.