1. (a) Fremocharm Ltd (the Sellers herein) make no condition,
stipulation or warranty in respect of the merchandise to be sold,
whether expressed or implied by statute, common law or otherwise,
and will not be liable for any loss, damage or injury excepting those
as may be caused wholly through negligence of the Sellers or their
(b) In the event of the Sellers or any agent or employee of the Sellers giving to the Buyers any technical information or advice in respect of or in connection with the goods, whether given prior to
or at any time after delivery of the goods, or whether given
pursuant to contract or otherwise, and whether in writing or orally,
the Sellers will not be liable for any loss damage or injury however
caused which may be sustained by the Buyers or any other person
as a result of or in connection with the receipt of, or action upon,
any such information or advice, except any such loss, damage or
injury as may be caused wholly by the negligence of the Sellers or
any of their employees.
(c) Unless otherwise stated the goods are subject to the
for sections, if
measurable - width, height and diameter +/- 2.5%
wall thickness or web thickness +/- 10%
for tubings - internal diameter +/- 2.5%
wall thickness +/- 10%
Tolerances on make-up:
(1) rigid PVC sections +/- 0.5% min+/- 2 mm
(2) semi-rigid and flexible sections +/- 1.0% min +/- 2 mm
(3) CAB sections +/- 1.0% min +/- 2 mm
Bundles and rolls
(1) from 5.50 m +/- 0.5%
(2) above 50 m +/- 0.4%
Shore A hardness data are subject to a tolerance range of +/- 3 for
the thermoplastics and +/- 5 for elastomers.
The Sellers are not in any way liable for normal commercial
variations in finish, weight and colour.
2. No conditions or warranty or stipulation is made in respect of
colour stability of plastics. Failure on the part of the Buyers to give
notice in writing to the Sellers of a claim prior to the expiration of
(a) 10 days after dispatch of goods, or
(b) 10 days after the first reasonable opportunity on the part
of the Buyers to inspect the goods, or
(c) 10 days after receipt by the Buyers of notice of claim in
respect of the goods by any third party against the Buyers
shall constitute a waiver by the Buyers of all claims in respect of
such goods. No claim, however, shall be made by the Buyers
hereunder later than three months after delivery of the goods in
question. No charges or expenses incident to any claim will be
allowed unless approved in writing by an authorised representative
of the Sellers. Goods returned by the Buyers will not be accepted
by the Sellers unless such return was previously approved in writing
by the Sellers.
3. The description and illustrations contained in catalogues, price-lists, brochures, leaflets or other descriptive material shall not form
part of the contract and no representation, statement or report
made by any employee or agent of the Seller shall be binding on the
4. Where the Sellers accept the return of any goods delivered under
the contract, a reasonable time will be allowed the Sellers to enable
them to replace the goods returned.
5. The Sellers shall have the right to delivery up to 10% more or
less than the quantity stated.
6. Unless otherwise stated overleaf, the price of the goods shall
be that ruling on the date of delivery. The Sellers reserve the right
to alter their prices at any time prior to delivery, but in such
circumstances the Buyers shall have the right to cancel the
contract in respect of any goods not at the time delivered.
7. When goods are sold on CIF TERMS, any alteration in the
rates to marine freight and insurance between dates of order and
shipment shall be for the account of the Buyers unless otherwise
8. Any tools, dies or moulds prepared by the Sellers at the cost of
the Buyers for the manufacture of the goods specified overleaf
shall at all times remain the property of the Sellers, unless
otherwise agreed in writing by the Sellers.
9. The property in any goods agreed to be sold shall remain with
the Sellers until such goods are paid for. In default of payment of
goods beyond the date agreed, or if no date has been agreed
within seven days from a demand thereof being submitted to the
Buyer at any of his places of business, the Sellers have the right to
enter on any premises where the goods be and take possession of
the same. Until payment for goods the Buyers shall keep them
set aside and separately identified as the property of the Sellers.
10. In the event of the Buyers failing to fulfil the terms of
payment or if the Sellers shall have any doubt at any time as to
the Buyers' financial responsibility, the Sellers may decline to
make further deliveries except upon receipt of cash or security,
satisfactory to the Sellers, without prejudice to any other right of
11. The Sellers may forthwith repudiate the contract resulting
from the acceptance of this order in the event of the happening of
any of the following events:
insolvency of the Buyers,
the filing of a voluntary petition in bankruptcy,
the filing of an involuntary petition to have Buyers declared bankrupt provided it is not vacated within thirty (30) days from the date of such appointment, the execution by the
Buyers or an assignment for the benefit of creditors.
12. Interest at 2% above the normal bank interest rate, but at
least 18% per annum, will be charged on overdue accounts and
compounded up, at two weekly intervals.
13. Deliveries or shipments may be wholly or partially suspended
or delayed by acts of God, fire, accidents, riot, civil commotions,
hostilities, war, strikes, lock-outs, import and/or export restrictions, emergency regulations, breakdown of plant, non-delivery
of raw materials and other contingencies beyond the control of the Sellers, either similar to the foregoing or any other cause whatsoever which may prevent or hinder the manufacture,
shipment, or delivery of the goods. Any deliveries or shipments
so suspended or delayed, shall be taken by the Buyers from the
termination of suspension at the same rate of delivery as specified
on the face hereof (provided that the Sellers can deliver at the rate
specified, taking into consideration the Sellers' commitments to
other customers) but should the period of suspension or delay
exceed four months the contract will be deemed to be cancelled
on the expiration of such period.
14. This contract is not assignable or transferable by the Buyers in
whole or in part, except with the written consent of the Sellers.